How Bad Is A Previous Overstay?

[Castor83]

Hi all,

Recently applied for my girlfriends fiancee visa and waiting around. Been looking through the application again and I'm fairly certain we have good proof and tick all the boxes. Only problem is she had a overstay when she was in uk before... a big one! haha, like 4 years...

It's all admitted and the reasons explained. but I've read a few post around that they are "cracking down on over stays" and stuff.

So anyone had a visa granted, or denied, that had an overstay on their record?

maybe im not cut out for this waiting optimistically business... but i have this terrible feeling it will go straight in the embassy bin

[7by7]

It depends on the individual circumstances, so is impossible to say for sure, I'm afraid.

Being open and totally honest about it in the application is a big plus.

If she left voluntarily, especially if it was before being discovered, that will also be counted in her favour.

[BigSnake]

About the same as if you in Thailand for four years Good Luck and maybe with a little luck it might not be so bad, all come down to who review her case.

[Castor83]

hey, thanks...

yeah she left on her own. it was kinda strange though, because the embassy told her to lose her passort. you might remember my post a few months ago. it is all explained thoroughly in a cover letter. im just worried because i have absolutely no idea how they will view the overstay. 4 years is a long time and she was also working illegally... i guess its probably heavily dependent on the interview really.

either way it goes i definately owe a few of you guys a pint ! ive got a lot of very helpful info from posts on here and im certain id not have been able to do this without them. thanks...

[massein]

hey, thanks...

yeah she left on her own. it was kinda strange though, because the embassy told her to lose her passort. you might remember my post a few months ago. it is all explained thoroughly in a cover letter. im just worried because i have absolutely no idea how they will view the overstay. 4 years is a long time and she was also working illegally... i guess its probably heavily dependent on the interview really.

either way it goes i definately owe a few of you guys a pint ! ive got a lot of very helpful info from posts on here and im certain id not have been able to do this without them. thanks...

are u talking England USA Aus or NZ, if you are talking USA you have a snowball change in hel_l!!!!!!!!!!!!! but good luck

but then again since you are marring her maybe, what was her last visa work or marriage

[ThaiVisaExpress]

I would say they will interview her certainly.

I had a client who lied to myself on how long he had been with his partner and they pulled her for an interview, she broke down and admitted they had only met each other 6 months only not the 12 months he had declared.

They refused the application he walked out and married her thinking this would help and re applied that was refused, it took him around another 12 months before he was finally issued a visa.

Always be honest with any application.

Good luck

[Eff1n2ret]

When you say "cracking down on overstays" it is true that about a year ago the Immigration Rules were changed to provide for an automatic ban on applicants who were previous illegal entrants or overstayers for up to 10 years - see Para 320 7B of the Rules

BUT

Given the obvious Human Rights implications, spouse and fiance applications were exempted -see Para 320 7C.

So there is no bar against making a settlement application, and it should be treated on its merits, so if it's sound it should succeed. To attempt to conceal the previous overstay could be fatal, because the application would be refused because of deception, and that would attract a mandatory ban of 10 years, without exemption (Para 320 7(A)

[katana]

hey, thanks...

yeah she left on her own. it was kinda strange though, because the embassy told her to lose her passort. you might remember my post a few months ago. it is all explained thoroughly in a cover letter. im just worried because i have absolutely no idea how they will view the overstay. 4 years is a long time and she was also working illegally... i guess its probably heavily dependent on the interview really.

either way it goes i definately owe a few of you guys a pint ! ive got a lot of very helpful info from posts on here and im certain id not have been able to do this without them. thanks...

Hi,

Just out of interest, did she have any trouble leaving the UK? Did they stop her at passport control when they noticed the overstay?

[Castor83]

she didnt have her passport, but a permission to travel document of some sort the embassy gave her. she told them the truth... i dont remeber her saying any trouble at airport. got through fine i think.