Overstay In The Uk Effect Spouse Settlement Visa

[slimsam]

Would an overstay in the UK on a previous VISA (3 month) effect the application for a spouse settlement visa ?

(Assuming that all other conditions were met)

If anyone has any experience of this then I would be pleased to hear.

[the scouser]

It really depends what the reason for the overstay was.

A settlement application is considered under the relevant paragraphs of the immigration rules which do not contain a clause saying that an adverse immigration history should result in the visa being refused. However, if the overstay was for financial reasons; e.g. she was working and didn't want to stop, the visa officer may deduce from this that the motive for returning to the UK is to resume employment under the guise of settling with the spouse and that the relationship is, therefore, not genuine.

Cheers,

Scouse.

[Monkeypants]

Would an overstay in the UK on a previous VISA (3 month) effect the application for a spouse settlement visa ?

(Assuming that all other conditions were met)

If anyone has any experience of this then I would be pleased to hear.

<{POST_SNAPBACK}>

Well that would depend on the length of overstay. You also point out that the visa was for 3 months . There isn't a 3 month visitor visa that i am aware of , only a 6 month visa, But it has been known for the British Embassy to stipulate that it would be better for her to return after 3 months and to sign a paper to this effect.

If this is the case then it can't be used against her (legally) and all should be well when applying for another visa.

But please clarify the length of overstay and the reason

[dee_jai_maak_maak]

There isn't a 3 month visitor visa that i am aware of , only a 6 month visa, But it has been known for the British Embassy to stipulate that it would be better for her to return after 3 months and to sign a paper to this effect.

Monkeypants (top name! ),

My gf recently visited me in the UK and she had to sign an agreement to stipulate that she would stay no more than 2 months. This was then attached to her passpoprt.

Not sure if it's legally binding, but we didn't want to rock the boat and jeopardise future visits, so she was happy to sign it.

Cheers,

djmm

[slimsam]

I just wanted to confirm that I had understood things as a general principle. The situation is actually a little bit more differcult than that.

The overstay is seven years..... so far (She has not gone back yet).

She came over while in a previous relationship which ended after 5 years.

We have now been together two years.

We cant get married in the UK now as they've change the law.

The plan is to go back to Thailand to get married and then apply for a spouse settlement visa.

As we can prove it is a genuine relationship and I can suport her financially I hope that it will not be too differcult.

I am correct in this thinking ?

[the scouser]

Hi Slimsam,

If your g/f were to apply for another settlement visa, the visa officer may deduce that her relationship with you is just a front to enable her to remain in the UK. On the other hand, there is no reason why she shouldn't get the visa if you can substantiate your relationship. Alternatively, if she can stick it out for another 7 years without being caught then she will allowed to remain in the UK anyway, without having to leave.

Scouse.

[Monkeypants]

Hi Slimsam,

If your g/f were to apply for another settlement visa, the visa officer may deduce that her relationship with you is just a front to enable her to remain in the UK. On the other hand, there is no reason why she shouldn't get the visa if you can substantiate your relationship. Alternatively, if she can stick it out for another 7 years without being caught then she will allowed to remain in the UK anyway, without having to leave.

Scouse.

<{POST_SNAPBACK}>

Correct ,

If it is possible to stick it out, then this really has to be considered.

IMO(the overstay) will be frowned upon at bkk.

But nethertheless it shouldn't be a real problem, just make sure that you don't lie.

Get as many bills etc in joint names going back as far as you can, also joint bank account would be good. Joint mortgage/rent book. There are many other things that you both will need,

But also get some information from an immigration lawyer in the UK. You can normally find that you get 1/2 an hour free, and could put your mind at rest

[slimsam]

Thanks for your help guys.

Cant wait another seven years. G/F wants to see family and I would like to visit Thailand and of course she might get caught and deported.

Bills in joint names, etc. have been avoided as want to keep low profile but I will have to start collecting evidence.

The governments new law stops people getting married unless they have the right visa (here legally) and there seems to be no provision to allow people who were here well before the law was introduced.

I will keep you informed of developments as there may be others interested. I know of at least one other couple in the same situation.

Of course it will all take some time.

Cheers.

[the scouser]

Hi Sam,

If your g/f wants to visit her family etc. then, really, she's got to bite the bullet and seek another visa at the embassy in Bangkok. Obviously she will need to satisfy all of the criteria but I'd concentrate on the relationship aspect. Basically, she will need to convince the visa officer that she intends to live with you permanently and this can be hard to do when her form isn't particularly encouraging.

This is just a thought, so bear with me.......

Are you also a citizen of another EU country? If so, once you've married your g/f, you can apply for a family permit rather than a visa. This is easier to get, free, and couldn't be refused because of the previous overstay. Alternatively, if you have only an entitlement to British citizenship then you can go and live in another EU country for a few months, register with the authorities there and you would be classified as an EU citizen for the purposes of getting your then wife a family permit for the UK.

Best of luck,

Scouse.

[bkk_mike]

I was actually in a similar situation.

I met my girlfriend while she was in the UK, and I didn't know she was overstaying a visa until we'd been dating about a year.

We went to Thailand for a holiday, and she applied for a visit visa to the UK which got refused after the interview. After that, we decided it was simpler to just get married and apply for a settlement visa, so I flew a few of my relatives out, had the wedding, and went to the embassy to apply for the settlement visa. (which did get granted, despite the overstay.)

If anything, the fact that I only knew her because she had overstayed the original visa helped in proving the relationship. Although you can't lie to the embassy. She had to tell them the restaurant where she'd been working (illegally) and everything.

[slimsam]

re - Would an overstay in the UK on a previous VISA (3 month) effect the application for a spouse settlement visa ?

Thanks Mike useful to know that it is possible to resolve the situation.

What proof did you show that your relationship was genuine ?

Was it largely your word ?

[bkk_mike]

re - Would an overstay in the UK on a previous VISA (3 month) effect the application for a spouse settlement visa ?

Thanks Mike useful to know that it is possible to resolve the situation.

What proof did you show that your relationship was genuine ?

Was it largely your word ?

<{POST_SNAPBACK}>

We were already married by then, so not too difficult proving the relationship.

(That and I made the point of attending the interview - and seeing that I flew out to Thailand 4 times in a year probably helped). Also I'd been down as the sponsor on the failed visit visa application several months earlier.

Also, I have a good highly-paid job, so that would probably have made it easier for the embassy to conclude there was little likelihood of it being a sham marriage to get her a UK visa.

Edited May 19, 2005 by bkk_mike

[slimsam]

Thanks again Mike.

I was beginning to worry about how much proof I would need to have that the relationship was genuine. After all how much proof can you have. I have about 200 photos of us together and numerous phone bills with calls to Thailand on but not much else.

When your wife went back to Thailand did she have any problems with the Thai authorities because of the overstay ? I have heard that they can try to hold or cancel the passport or refuse to issue a new one ?

[bkk_mike]

When your wife went back to Thailand did she have any problems with the Thai authorities because of the overstay ? I have heard that they can try to hold or cancel the passport or refuse to issue a new one ?

<{POST_SNAPBACK}>

No issues in Thailand, but then the UK doesn't stamp passports when people leave, and we'd arrived in Thailand together, so immigration at the airport had maybe assumed that her stay in the UK had been extended correctly.

I think it would be a completely different matter if you get deported back to Thailand, rather than turning up on a flight of your own accord though.

[GU22]

slimslam,

Have a read through Overstayers from www.londonelegance.com.

[hmm]

hello everyone,

how long the embassy takes to decide on your's or partner's visa application afetr overstaying problems? did embassy contact the home office in uk to check the appliacnt's old immigration status, etc? or they granted the visa with out checking out with the home office??