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uk overstay

General UK immigration & work permits; don't post job search or family related topics!

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Philip Port
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Posts: 8
Joined: Mon Nov 30, 2009 1:13 pm

uk overstay

Post by Philip Port » Thu Dec 03, 2009 4:12 pm

everybody, thank you for the help to my previous questions, just one more. my friend has asked me to post this request. While waiting for permission to marry from the home office his futeure wife overstayed her visa. When permission did arrive her visa had expired but they still got married. She overstayed by 33 days in total, is this grounds for refusal as she want to apply again in Moscow for the spouse visa.

Thanks again everyone, great web site

Mr Rusty
Diamond Member
Posts: 1041
Joined: Fri Nov 09, 2007 1:09 pm

Post by Mr Rusty » Thu Dec 03, 2009 4:48 pm

If making an application for a spouse visa, she can not be refused or incur a ban for overstaying under Para 320 7B of the Immigration Rules.
Her application should be decided on its merits.

Er, just read the previous thread re possible fraudulent documentation. My comment is still valid, overstay does not attract an automatic ban under the rules, but if there's been hanky-panky with documents, don't expect to be granted a visa without a bit of a fight.

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