Hi

Try and complete the FLR(M) form. Make sure you fulfill the issues of maintenance, i.e. how you can support your husband or he can live in the Uk without recourse to public funds. You should submit  bank statements and pay slips. If your husband is working, submit details of his salary Also, you need to convince the Home Office again that the relationship is genuine. Besides submitting your marriage certificate you may need to submit photograhs of your marriage and the time you spent together. You should also submit letters to show where you live, i.e. phone bills or bank statements. When is the baby due? It is better to submit the FLR(M) either just before the baby is born or after the baby is born. You will not get the normal 2 years leave to remain (because your husband is an overstayer) but the Home Office may give you discretionary leave of 3 years due to the fact that you have a baby in the UK. So, please submit details of your pregnancy  or the birth certificate of the baby, etc. If you can inform the Home office why you cannot relocate to your husband's country (e.g. due to your work/your whole family is here), that will be good. Hope the above helps.

If someone applies on form flr(m) when they are an overstayer, their application would simply be refused because it doesn't fall into immigration rules about spouses. Correct way to make such an application would be to apply on form flr(O) and apply for Discretionary Leave from the outset.

No, the child will the the one who will be able for the overstayer to be granted discretionary leave to remain. But of course nothing is guaranteed. I have handled a few cases before successfully. But I repeat again, everything is on individual basis, and nothing is guaranteed in immigration. So, you can apply using FLR(M). If others have done it by FLR(O), then God Knows best.

Best for him to return home and apply for a spousal visa. Quicker and less stress on your marriage. On average he' ll be waiting 1 - 12 weeks for a decision.

Check first that overstaying is his only offence and that he hasn't contrived to frustrate the immigration rules. If he's successful the visa granted will be for 27 months and after that he can apply for settlement.

Applying from within the UK (on Form FLR M) you're looking at a wait of around 1-3 years with the likelihood of a refusal anyway.

Even if he is successful, its a grant of 3 years discretionary leave, but he'll still need to apply for another 3 years. The second application should be on form FLR(O).

thanks for the reply. actually, i already filled the application the problem is he have some traffic offence and we are waaiting for the details to arrive to put in the application and takes at least 40 days to apply for data protection. i'am working full time and it's been over 3yrs since im providing for him. he is not allowed to work since he is failed asylum seeker. we are using the flr m form since it was specify in the letter attached with the coa, that if he will apply for extension that's the form needed.

hopefully we will pass it next month and get it.
keep u posted.

Li,

Bear in mind that applying from within the UK is usually a much longer wait. And a more complex route to citizenship. Your husband's application will go to the back of a very very long queue. You could well be supporting him for another three years.

Hopefully the new coalition will want a better immigration record than Labour. If you get lucky they might speed things up. Maybe he'll only have to wait a year or so - who knows?

If you're worried, have a look at some of my other posts. They will tell you what documents you need to provide. You might also want to look at my immigration guides on marriage and overstaying.

Good luck.

Hi there, im also having a very simular problem although i am a british cizizen and my husband is algerian (he is an over-stayer) as he was granted a visitors visa. we have been together for over 5 years and have an 18 month old daughter together, and we recieved a coa in january. so we are now happily married. we are not willing to re-locate back to algeria simply because of the fact i will not know how long it will take and i have to show the home-office that im working, which i cannot do if he goes back to algeria as he is looking after our child while im working full time. Im about to submit the flrm form with a solicitor but have been warned that there is only 75% chance that it will be succesful, during the wait which i have been told can take upto 1 year to recieve, any idea's on making this form 100% succesful? all help much appreciated.

Kind Regards.

hello!

i'am reposting again my problem about my husband's application for extension to stay.

my husband is failed asylun seeker. he's been here for over 7 years now. we move in together last nov 2007. manage to get coa last april 2010, after almost a year of waiting, they just given me because we give them another document, stating im pregnant. we got married may 2010. now the next step is to apply for extension to stay. my problem is my husband dont possess any passport because of his circumtances. im holding a indefinite leave visa, due for citizenship this month and i have full time job. we tried to go through with the solicitor but they are too expensive.

is anybody been through the same as mine? can you give me any tips to have a successful application?

please can anybody help me? im getting desperate now.