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Spouse visa for overstayer - possible?

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lizziet
Junior Member
Posts: 60
Joined: Mon May 17, 2010 11:31 am

Spouse visa for overstayer - possible?

Post by lizziet » Mon May 31, 2010 11:47 am

Hi all
Sorry to be asking more questions, but I am a little unclear on something and it's really important we get it right.
My boyfriend's student visa was due to expire in December 09 and he applied for a tier 4 extension a few weeks before this. On 8th April he got a letter saying the application was invalid as he hadn't filled in the payment details (he had). The letter disn't say anything about him leaving the country and said he could reapply. He reapplied and was refused on 25th May as his course didn't meet the new rules introduced on 6th April. He was told he must leave as soon as possible which he intends to do.
However, looking at the rules and various other posts it seems that he is classified as an overstayer.
1. Does this mean he will be banned for 1 year?
2. Does the ban mean a marriage or fiance visa would be refused?
3. If we appealed a refusal would this be likely to succeed as surely it would be breaching our human rights?
Thank you so much
Lizzie

ElenaW
Diamond Member
Posts: 1525
Joined: Wed Oct 07, 2009 10:14 am
Location: Back and forth between California and Norwich :D

Re: Spouse visa for overstayer - possible?

Post by ElenaW » Mon May 31, 2010 2:46 pm

lizziet wrote:Hi all
Sorry to be asking more questions, but I am a little unclear on something and it's really important we get it right.
My boyfriend's student visa was due to expire in December 09 and he applied for a tier 4 extension a few weeks before this. On 8th April he got a letter saying the application was invalid as he hadn't filled in the payment details (he had). The letter disn't say anything about him leaving the country and said he could reapply. He reapplied and was refused on 25th May as his course didn't meet the new rules introduced on 6th April. He was told he must leave as soon as possible which he intends to do.
However, looking at the rules and various other posts it seems that he is classified as an overstayer.
1. Does this mean he will be banned for 1 year?
2. Does the ban mean a marriage or fiance visa would be refused?
3. If we appealed a refusal would this be likely to succeed as surely it would be breaching our human rights?
Thank you so much
Lizzie
1. no
2. no
3. If he applies for a spousal/fiance visa from his home country and you meet all of the requirements, then there won't be a need in appealing (which takes a long time).
I tell it like it is.

djb123
Member of Standing
Posts: 464
Joined: Mon Feb 18, 2008 9:33 pm

Post by djb123 » Mon May 31, 2010 4:35 pm

3. human rights will not be breached anyway as there is nothing to stop you living with him in another country (just not the UK).

lizziet
Junior Member
Posts: 60
Joined: Mon May 17, 2010 11:31 am

Post by lizziet » Mon May 31, 2010 6:40 pm

Thanks very much to both of you for your replies. I'm just so paranoid they will do everything to try to refuse his visa. I've got loads of information from this forum (it's so helpful) and am compiling a list of documents to include and things to say in my letter. Do you think it's a good or bad idea to show you have a good knowledge of the immigration rules? And do you think we should have a solicitor look at the application before he takes it with him to Chile?
Thanks again.

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