Options for Brazilian GF who has overstayed a student visa by 6 months

[jonnybegood]

Hi,
As mentioned in my post i am asking if anyone has any experience sponsoring a partner for a visa if your partner has overstayed. I read an irishtimes article written by a brazilian lady who overstayed but ended up coming back on a spouse visa. My GF was here on a student visa and is now here illegally. If we get married will she be allowed to stay if she leaves then comes back ? Would it be better getting married in a different EU country ?
TIA

[Casa]

Hi,
As mentioned in my post i am asking if anyone has any experience sponsoring a partner for a visa if your partner has overstayed. I read an irishtimes article written by a brazilian lady who overstayed but ended up coming back on a spouse visa. My GF was here on a student visa and is now here illegally. If we get married will she be allowed to stay if she leaves then comes back ? Would it be better getting married in a different EU country ?
TIA

In order to marry in the UK, you can only give notice at a Home Office designated Registry Office. The Registrar is then legally bound to notify the HO who can then extend the notification period from 28 to 70 days in order to interview you both separately, should they choose to do so before the marriage can go ahead. As your girlfriend has no legal status, she risks the possibility of being detained during the interview.

If you choose to marry outside of the UK, your wife will only be able to apply for a Spouse settlement visa from a country where she has legal residence and is not there as a visitor.

You haven't mentioned how long your girlfriend has overstayed. How has she been supporting herself and has she any unpaid NHS charges during this time

[jonnybegood]

Hi,
As mentioned in my post i am asking if anyone has any experience sponsoring a partner for a visa if your partner has overstayed. I read an irishtimes article written by a brazilian lady who overstayed but ended up coming back on a spouse visa. My GF was here on a student visa and is now here illegally. If we get married will she be allowed to stay if she leaves then comes back ? Would it be better getting married in a different EU country ?
TIA

In order to marry in the UK, you can only give notice at a Home Office designated Registry Office. The Registrar is then legally bound to notify the HO who can then extend the notification period from 28 to 70 days in order to interview you both separately, should they choose to do so before the marriage can go ahead. As your girlfriend has no legal status, she risks the possibility of being detained during the interview.

If you choose to marry outside of the UK, your wife will only be able to apply for a Spouse settlement visa from a country where she has legal residence and is not there as a visitor.

You haven't mentioned how long your girlfriend has overstayed. How has she been supporting herself and has she any unpaid NHS charges during this time

Hi Casa, thanks for the reply. We are in ireland and she has overstayed by 6 months. She works in the same job as when she had her visa and lives in the same house. She's basically just continued on as usual apart from the fact that she has finished college.

[Casa]

I missed that you had posted in the Ireland sub-forum. I'll leave others better placed on the Irish immigration regulations to respond.