shes brazillian and overstayed - we want to get married

[commander_general]

if we marry here and apply for a spouse visa will the fact that she is currently overstaying work against her?

so to that end should we marry and then send her back to brazil to apply

or

should we go to brazil and get married and then apply

thanks

[Wanderer]

Difficult one. Overstayers are being denied spouse visas on return to the home country and if he's caught in UK she'll be deported which is worse.

It's a hard one but things are only gonna get worse here for overstayers and illegals here....

[Mr Rusty]

To expand on the previous post - you are indeed between a rock and a hard place.
If you wish to marry in this country, you should read the advice on the BIA website:- http://www.ind.homeoffice.gov.uk/applyi ... artnership
with particular attention to Paras 3.2 and 3.8, and the warning in the latter that the Home Office will consider enforcement action against someone illegally here.
If they do that, it follows that getting a visa to return as a spouse could be very difficult.
If the lady succeeded in returning to Brazil without being served with a notice as an offender, she might have a better chance of being issued with a visa, although to make a credible application would probably require declaration of the overstay. However, there is anecdotal evidence that ECOs are taking a harder line in such cases.
A further problem is that there are now checks at some embarkation points, where offenders could be held up. Certainly when I flew out of Heathrow a month ago there was a check - how extensive these are remains to be seen, but it is also possible that your lady could board her plane clutching a notice that she has "remained beyond the period limited by her leave".

[commander_general]

i dont understand this - if someone overstays but rather than stay here illegally decides they want to return home - do they really get penalised if they are caught on the way out???

sounds a bit harsh - bit like bolting the gate after the horse has gone

[Mr Rusty]

i dont understand this - if someone overstays but rather than stay here illegally decides they want to return home - do they really get penalised if they are caught on the way out???

sounds a bit harsh - bit like bolting the gate after the horse has gone

I won't disagree with you, but the principle is not without precedent - Leaving Thailand, for example, you can be fined so much per day overstay up to a maximum of about 350 quid, but that is generally regarded as being preferable to being arrested within the country and spending several days in a police station or prison.
Even in your case you may consider a voluntary departure preferable to making an application and wondering whether there will be a knock on the door one morning.
The Home Office has taken so much stick for having no idea who has or hasn't left the country it can come as no surprise if they appear to be starting to put back the controls they abolished 15 years ago, and from that it follows that those identified as offenders may expect a record to be kept, even if no action is taken against them on departure.