Overstay and entry clearence as spouse

[March_LR14]

Dear Forum members,

My partner has overstayed her current leave for 8 months. Now she would like to go back to Pakistan and apply for a fresh entry clearance as spouse of a british citizen.
I full fill all the income requirements and we have a british child together. My question is how difficult it would be for her to get the visa? OR

would it be wise to apply for a FLR FP application from within uk?

Apart from overstay she has not breached any other conditions attached to her previous (Tier 4 student) leave.

Please advise if anything we should prepare for in advance.

Many Thanks

[julian1972]

You should consider applying from within the country as there's a British child involved. If you apply from abroad and the application is refused for whatever reason, there may be a significant period of separation before you will be able to reunite with your partner.

The best is to always apply from abroad, that's if you are prepared to take the risks.