Spouse visa - please help

[hamish mac]

Hello everyone,

My fiancee and I are getting married this month and will apply for a spouse settlement visa shortly thereafter. I have a few pressing questions that I'd like to get some answers to and would seriously appreciate any help that someone could give.

About us: I'm British, she is South Korean and we're getting married in South Korea. We have prepared all of the documentation and are eligible for a visa... However, there are a few things which I can't find info on...

Firstly, my fiancee visited me in the UK twice this year (after I had returned from Kazakhstan where we met - we both worked there) and in total her stay in the UK totalled 181 days, which is over the allowed 180 days on a visitor visa. Will this pose a problem?! And if so, should she just justify her overstay (by one day for goodness' sake) by writing a justification in her application letter?

Secondly, I earn over the £18,600 threshold and my payslips show I am paid the same amount every month. However, I have, in the past 6 months, entered into my overdraft twice (max. £500) but have paid these off every time and am now in positive figures (over £1000). They will see this on my corresponding bank statements of course. Do I need to justify why I have entered into my overdraft?

I really would appreciate any help/advice anyone can give, as she's going to apply for the Visa soon and we're nervous about the whole thing.

Many thanks,

Hamish

[secret.simon]

Firstly, my fiancee visited me in the UK twice this year (after I had returned from Kazakhstan where we met - we both worked there) and in total her stay in the UK totalled 181 days, which is over the allowed 180 days on a visitor visa

Was that on the same visitor visa or did she enter the UK on two separate visitor visas? If it was on two separate visas, I believe that she should be fine.

I have, in the past 6 months, entered into my overdraft twice (max. £500) but have paid these off every time and am now in positive figures (over £1000). They will see this on my corresponding bank statements of course. Do I need to justify why I have entered into my overdraft?

To the best of my knowledge, your overdraft is likely not relevant to the application and will be disregarded.

I would wait for others to comment on this thread before progressing the matter.

[Casa]

Shouldn't be a problem with either issue.

Overdraft: The ECO won't be interested in how you spend your money...only in how much you earn.
Visitor visa: the day of arrival and the day of departure aren't calculated for the period of UK residence.

[hamish mac]

Thank you both for your reply. Good to know that the overdraft won't be an issue.

Secret Simon, yes, she entered on two separate occasions, the first time for 10 days and the second for 171 days.

I'm assuming she doesn't have to justify why she overstayed by one day on her cover letter then and not mention it? She has to write the dates of when she was in the UK in the last 5 years.

Many thanks

[hamish mac]

Secret Simon, it was on two separate visitor visas. She's got two stamps in her passport showing her date of arrival. Thanks.