OVERSTAYED- Will I be banned re-entry

[SamWilliam]

Hi,

I am new to this forum, please forgive me if I am not posting this correctly. I need some advice, looking for help from anyone who is familiar with this topic.

Background info:
- I'm a Canadian, currently in the UK.
- I'm married to a UK citizen.
- I overstayed my legal time limit to be in the UK
- I applied for a human rights consideration to be made to let me apply for my Visa from within the UK instead of having to return to Canada to do this
- My application for the above issue was declined and I must either (a) appeal the decision within 14 days or (b) return to Canada within 14 days

I am eligible for both the Ancestry Visa, and the Spousal Visa

My questions are:

(1) Will I be denied re-entry to the UK because I am an overstayer? If so, can I appeal that?
(2)Is either one of the above mentioned Visas preferable for this reason.
(3) Do I stand any shot at an appeal?

If anyone knows anything about this, please let me know. Any and all help is appreciated.

Thanks

[CR001]

What visa did you enter the UK, a visitor??

You can switch to any other visa category if in the UK as a visitor.

How long have you been in the UK?

Why did you not apply for the correct visa, either that you qualify for, before travelling to the UK?

[Casa]

What visa did you enter the UK, a visitor??

You can switch to any other visa category if in the UK as a visitor.

How long have you been in the UK?

Why did you not apply for the correct visa, either that you qualify for, before travelling to the UK?

I believe Char intended to write "You can't switch to any other visa category if in the UK as a visitor.

[CR001]

What visa did you enter the UK, a visitor??

You can switch to any other visa category if in the UK as a visitor.

How long have you been in the UK?

Why did you not apply for the correct visa, either that you qualify for, before travelling to the UK?

I believe Char intended to write "You can't switch to any other visa category if in the UK as a visitor.

Indeed, having a bad day

[SamWilliam]

Hi,

Since I'm Canadian I didn't need a Visa to enter the country.

Does anyone know whether they can ban re-entry if I go back to Canada and apply to come here as a spouse (assuming I meet all of the criteria).

Thanks again

[CR001]

Since I'm Canadian I didn't need a Visa to enter the country.

You might not need a pre-approved visa, but you are still admitted and stamped in as a visitor on arrival, which is a visa.

How long have you been in the UK?

Why did you not apply for the correct visa, either that you qualify for, before travelling to the UK?

[SamWilliam]

Oh okay I see, I didn't know that. Do you happen to know the answer to either of my questions? I'm trying to figure out whether I will be subject to a re-entry ban even though my husband is English

[SamWilliam]

I have been in the UK 6 months past the date that I was supposed to return back. I didn't know this, and my partner were travelling around the UK frequently, and got married during this time. We thought I would be okay to stay so long as I was not working, which we now understand was incorrect.

[CR001]

So you are recently married within the UK? No human rights issues then or 'insurmountable obstacles' that prevents you from applying from Canada for a visa.

Did you get HO approval to marry?

If recently married and no obstacle to applying from Canada, you are unlikely to be successful in any application you make.

Unlikely you will face a ban for a spouse visa. But if you continue to make 'frivolous and vexatious applications' to try to stay in the UK, that could count against you.

It might sound harsh, but HO goes strictly according to the rules and you need to think like they do.

Note also that any period of overstaying will likely affect your eligibility for British citizenship in the future.

[Casa]

In addition to CR001's advice, you should bear in mind that with a refused Human Right's application you stand zero to little chance as a visitor of entering the UK as a non-visa national. Your immigration history will flag up on the Immigration Officer's system at UK Boarder Control. For the same reasons, a pre-application in Canada for a UK visitor visa stands to fail.

[SamWilliam]

Thank you both for all of this.

So, if I go back to Canada next week and apply for a Spousal Visa, do you think that it will be declined due to me overstaying? Do you think that I will be banned re-entry? I read online that they cannot ban re-entry for family Visas under Appendix FM of the Immigration Rules), is that true?

I understand what you mean, and although I wasn't trying to make frivolous attempts to stay, I understand that this might very well be how they see it.

Would you recommend I hire a solicitor to form my Visa application?

[Jaune08]

So, if I go back to Canada next week and apply for a Spousal Visa, do you think that it will be declined due to me overstaying?

I don't think it may be necessarily refused because you are an overstayer. There are some successful stories in this section of the forum:

1. immigration-for-family-members/successf ... 62847.html
2. immigration-for-family-members/wife-vis ... 76095.html

However, in the 1st story, the sponsor admitted it would have been easier if their partner had gone back to their home country to apply for the spouse visa. As an applicant of a spouse visa too, I recommend you to go back to Canada and apply from there.

Do you think that I will be banned re-entry? I read online that they cannot ban re-entry for family Visas under Appendix FM of the Immigration Rules)

No, you won't be banned re-entry to the UK as long as you have a spouse visa when you return to the country. However, there's a scenario where you are more likely to be deported and this is if you decide to enter as a visitor again. When you leave to Canada, if for any reason you decide to travel as a visitor again to the UK instead of applying for a FLR(M) visa, your entry will be refused and you will be deported back to Canada, as you have records as an overstayer.

One more thing, some people try to get a spouse visa from within the UK, however in your case isn't applicable as you don't have children or exceptional circumstances that force you to stay. Therefore, it's so much better if you go back to Canada and apply from there. Hope this helps!

[ALKB]

I have been in the UK 6 months past the date that I was supposed to return back. I didn't know this, and my partner were travelling around the UK frequently, and got married during this time. We thought I would be okay to stay so long as I was not working, which we now understand was incorrect.

Another complication could be that you did not hold a marriage visitor visa or fiancée visa when you got married. Marrying while on a tourist visa actually breached your visa conditions.

[CR001]

I have been in the UK 6 months past the date that I was supposed to return back. I didn't know this, and my partner were travelling around the UK frequently, and got married during this time. We thought I would be okay to stay so long as I was not working, which we now understand was incorrect.

Another complication could be that you did not hold a marriage visitor visa or fiancée visa when you got married. Marrying while on a tourist visa actually breached your visa conditions.

Yup, appears my question about HO approval to marry was either missed or ignored.

[bathanza]

I would recommend you go for a spousal application and explain clearly in a cover letter the circumstances by which you overstayed (simple terms of absolutely didn't know about the time limit) and reasons behind the refused application (perhaps lack of knowledge or misguided)

You should be able to get all those points covered and come back legally.

Appealing will simply waste your time and a stupid amount of money. Take the leap of faith and get all the docs in order. Keep us posted