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After marriage, would my GF be able to move to the U.K. if she overstayed visa in Spain?

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Keyo543
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After marriage, would my GF be able to move to the U.K. if she overstayed visa in Spain?

Post by Keyo543 » Wed Oct 09, 2019 4:50 pm

So basically my girlfriend (from outside Europe) overstayed her original tourist visa, and has been working as an undocumented worker.

I would like to marry my girlfriend next year, but I was wondering what our options would be in terms of her moving to the U.K.? Would she be face any issues with applying for a U.K. marriage visa as she is undocumented in Spain?
Thanks very much!

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CR001
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Re: After marriage, would my GF be able to move to the U.K. if she overstayed visa in Spain?

Post by CR001 » Wed Oct 09, 2019 4:57 pm

Are you British or another EU citizenship?

She can only apply for a spouse or fiance visa in a country where she has legal residence, ie not as a visitor. So she won't be able to apply in Spain.

You might have a hard time marrying her in Spain too if that is your plan.

For a spouse visa, they ask immigration history for the last 10 years.
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Keyo543
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Re: After marriage, would my GF be able to move to the U.K. if she overstayed visa in Spain?

Post by Keyo543 » Wed Oct 09, 2019 5:01 pm

Thanks for the reply! I’m British and have lived in the U.K. all my life.
Would marriage be possible if she moved back to her country for the actual wedding?
I’m just worried that the U.K. visa authorities will look unfavourably on her history?
Thanks again

Keyo543
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Re: After marriage, would my GF be able to move to the U.K. if she overstayed visa in Spain?

Post by Keyo543 » Wed Oct 09, 2019 5:12 pm

I'm just worried that due to her background it could cause some big problems later on. If it helps, she's originally from Asia (think Vietnam, Phillipines, Thailand etc) :)

Zerubbabel
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Re: After marriage, would my GF be able to move to the U.K. if she overstayed visa in Spain?

Post by Zerubbabel » Wed Oct 09, 2019 5:15 pm

Keyo543 wrote:
Wed Oct 09, 2019 5:01 pm
Thanks for the reply! I’m British and have lived in the U.K. all my life.
Would marriage be possible if she moved back to her country for the actual wedding?
I’m just worried that the U.K. visa authorities will look unfavourably on her history?
Thanks again
As spouse, she can obtain a visa even if she overstayed in the UK.

In her present condition, she won't obtain a visitor visa to the UK. Her overstaying history plays against her. However, in case of a spouse visa, the person is obviously applying to stay.

She can't apply from Spain as she has no legal residence in Spain. She has to go to her home country first.

Keyo543
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Re: After marriage, would my GF be able to move to the U.K. if she overstayed visa in Spain?

Post by Keyo543 » Thu Oct 10, 2019 6:52 am

Thanks for the information 😊
That leads to one more question. If she was to try and leave Spain to return to her own country, could she possibly get into trouble when she arrives at the airport to catch her flight? Is there a way she can smoothly leave the country to return home?

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Re: After marriage, would my GF be able to move to the U.K. if she overstayed visa in Spain?

Post by Zerubbabel » Thu Oct 10, 2019 7:23 am

Yes, possibly. If she just shows at the airport with a visa expired for a while, she may get into trouble.

First, she needs to make sure she has a valid passport. If her passport expired, she needs to go to her Embassy and get an renewal or an extension. Most Embassies would assist an illegal wishing to return to his country. Usually they won't renew the passport, but they either put a short extension in it or they provide a travel document allowing to return to the home country only.

Then, to leave safely, I recommend to talk to local immigration NGOs or charities. Most countries have some program to assist illegals to return to their country. Sometimes they are even given money. These organisations would help her to follow to correct process to avoid detainment or retaliation by immigration agents at the airport.

Keyo543
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Re: After marriage, would my GF be able to move to the U.K. if she overstayed visa in Spain?

Post by Keyo543 » Thu Oct 10, 2019 8:55 am

Thanks for your help. It seems like there is no simple route, but I imagine the first stage will be as you said, and research the correct procedure for her to return home without getting into any trouble. Thanks again.

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