Settlement Visa As Unmarried Partner

[adhis]

I am about to go and make an out of country application as above. overstayed for 9 years but been with partner for 6 years with all docs to prove, will meet maintanance and accomodation.Problem is I have mentioned that I overstayed in the VAF4 form but do't quite know how to make it sound better than it does. I have not given a reason for overstaing and don't know what to say if I am asked at the interview. Can anyone help ?

[the scouser]

Essentially, you need to demonstrate to the visa officer that you meet the requirements of the Immigration Rules as an unmarried partner and that, consequently, your previous period of overstaying is irrelevant to the current application. You'll have to write a convincing covering letter in which you show your qualification as an unmarried partner.

Additionally, section 26.4.1 of the Entry Clearance Guidance states, inter alia:-

However, if an ECO is satisfied that any of the above grounds are not met, they should not refuse solely on this alone. They should consider the application under the category of Entry clearance applied for and if not satisfied that the Immigration Rules are met they should refuse Entry Clearance, citing the reasons why the applicant has not satisfied the criteria and also include the relevant general paragraphs in the notice of decision. If you only refuse under Paragraph 320 and the appeal is allowed, you cannot then consider the substantive application and entry clearance will have to be issued.

In other words, they can't refuse solely because you've previously overstayed.

Scouse.

[adhis]

Essentially, you need to demonstrate to the visa officer that you meet the requirements of the Immigration Rules as an unmarried partner and that, consequently, your previous period of overstaying is irrelevant to the current application. You'll have to write a convincing covering letter in which you show your qualification as an unmarried partner.

Additionally, section 26.4.1 of the Entry Clearance Guidance states, inter alia:-

However, if an ECO is satisfied that any of the above grounds are not met, they should not refuse solely on this alone. They should consider the application under the category of Entry clearance applied for and if not satisfied that the Immigration Rules are met they should refuse Entry Clearance, citing the reasons why the applicant has not satisfied the criteria and also include the relevant general paragraphs in the notice of decision. If you only refuse under Paragraph 320 and the appeal is allowed, you cannot then consider the substantive application and entry clearance will have to be issued.

In other words, they can't refuse solely because you've previously overstayed.

Scouse.

thanks, solicitor drafted letter with me showing reasons why I qualify but I just felt I should not just leave it at that. ie try to apologise for overstaying which I have read might work in my favour . what doyou think ?

[the scouser]

By all means apologise, but, ultimately, it is the current immigration law and policy which will determine whether you get the visa.

Scouse.