[Advice] Overstayer applicant for fiancée visa

Hello everyone!

I’m writing this post on behalf of my friend, as she desperately needs some advice since she’s an overstayer and needs to apply for a visa within the UK. The reason why she isn’t writing it herself is because her writing is limited, and she wants to be as clear as possible, so I’m writing this down for her. Thank you in advance!

I am a Colombian citizen and I want to apply for a fiancée visa, but my situation is quite complicated. My fiancé (British national) and I have been together for roughly a year (from Sept 2019), flying back and forth to spend time together

On March 1st 2020, I’ve travelled to UK as a tourist to spend time with my fiancé, but then lockdown happened over here, my home country had closed down borders and I’ve decided to stay for the total length of my tourist visa until September. Unfortunately, things get complicated from here.

I ran out of time and my tourist visa expired a month ago (on sept 1st 2020). I was unaware that there was a chance to extend it (due to the pandemic) but I didn’t. I couldn’t go back home earlier because the airline (Avianca) keeps cancelling my flight, and we don’t have money to buy a second ticket with another airline (we can only afford the money to apply for the visa really). After my tourist visa expired, I wrote to HO to know what to do in my case but I haven’t got any answer yet.

So I am an overstayer since more than a month ago and I need help with a few questions?

1.Can I apply for a fiancée visa within the UK and get accepted? Even though my fiancée and I haven’t lived together for more than 2 years? Will my visa be rejected on this basis?

2.How likely is to get a visa refusal based on my overstayer condition? Or they will consider the pandemic and not rejecting it?

3.Will a short relationship like ours be suspicious to Home office? Does the length of a relationship matter or make it more o less likely to get a rejection from HO? We meet the financial requirements though my fiancé’s job.

Thank you

1. All of the cornerstone requirements in relation of unmarried partner visa never changed ever since, even during the peak times of pandemic when few temporary concessions were offered. Check what the authorities expect:
https://www.gov.uk/government/publicati ... ners-set05

2. Better to avail following:

If you have overstayed your leave
If your visa or leave expired between 24 January 2020 and 31 August 2020 there will be no future adverse immigration consequences if you didn’t make an application to regularise your stay during this period. However, if you did not apply for an exceptional assurance by 31 August 2020 you must make arrangements to leave the UK.

https://www.gov.uk/guidance/coronavirus ... -residents

3. Check above anwers.