A very complicated situation! Any help?

[megmog]

I am a British Citizen currently holidaying in South Africa with my partner of 2 and a half years. We are getting married in a couple of weeks and are going to apply for a spousal visa shortly after. However, I quit my job to come to South Africa 4 months ago (we were intending on staying for a couple of years but we're both very homesick - my partner lived in the UK for nearly 4 years and is very keen to return)

I am unemployed in South Africa and have no savings (although this could be arranged via parents!) My partner also overstayed in the UK for 1 year ( part of the reason we came to South Africa). In your expert opinions, would it be easier for me to return to the UK and start working before applying for a spousal visa?

I have a formal job offer (open anytime) in the UK, my parents are willing to co-sponsor to cover accomodation and financial stability gaps but i'm not sure if this, combined with the overstaying issue, would be a pointless exercise?

Any help would be appreciated, I am utterly confused!!

Many thanks for reading my post!

[JAJ]

This is the same question that you asked a few days ago:
http://www.immigrationboards.com/viewtopic.php?t=9890

[London coool]

Megmog,

To sponsor your wife for her spouse visa you should be able to provide evidence of financial ability to support and accommodate yourselves. That would be by providing 6 months pay-slip,6 months bank statement, and your Tenancy Agreement /Proof of house ownwership.

When your wife overstayed in the UK was she officially reported by an IO at the embarkations control? Was she given an IS151 form? Was her passport dated and underlined with the date of her last UK departure?.

If the answer is yes, then she would appear on the HO database as an overstayer and would be picked up the ECO in S/Africa. So she needs to declare it in her VAF.

If the answer is no,then there is no reported record of her overstaying and may bluff her way through. The ECO would be mainly interested in your status and if he is of the opinion that there is a genuine marriage relationship subsisting between you and your spouse.