Can my overstay fiance get visa??

[profoundrascal]

Hi! Thanks for your time.

So my fiance came to UK on a spousal visa with T in May 2018. They separated in Sept 2018 and she lived in a house share and continued working. She stayed initially because she wasn't sure if her marriage would get back on track. We met Nov 18 and started dating Dec 18.

She advised Home Office her marriage had ended in April 19, and was told to leave by June 19, but left mid May 19.

We then paid for her divorce and have stayed in constant daily contact. We were going to travel to be together, but the finances didnt work. I proposed to her over dinner via Whatsapp in Sept 19. I will be seeing her for the first time in Dec 19.

We have lots of evidence of our relationship, finances and living circumstances are not an issue, and we have things from many family members showing they confirm our relationship is real (parents are paying for visa, group chats with family etc).

However, will her visa be rejected (we are applying this month, Nov 19), due to her overstay period? If so, she was advised at the migrant and immigration centre to say our relationship started when she told Home Office her marriage was over, not before. What are your thoughts on this?

Thank you for your time!

S

[profoundrascal]

FYI She returned to, and is currently residing in, South Africa.

[CR001]

and was told to leave by June 19, but left mid May 19.

Not sure what oversaty you are referring to if she left before the date ho told her to?

Ho aren't interested in your family confirmations of relationship. They are only interested in your and your partner's direct communication to prove the relationship.

Never lie to ho is my suggestion.

[profoundrascal]

Her conditions for her visa, i.e. living with her husband and being in a relationship with him, ended in Sept 18. But she didn't tell HO until April 19. Is that not an overstay?

[CR001]

Her conditions for her visa, i.e. living with her husband and being in a relationship with him, ended in Sept 18. But she didn't tell HO until April 19. Is that not an overstay?

No it is not. If ho curtailed her visa and told her to leave by June 19, and she left in may, then she has not overstayed.

The visa does not cease to be valid the minute she is separated. It is curtailed only when ho curtails it.

[profoundrascal]

Okay.. Sorry I may be asking silly questions here, but this is so far out of my area of expertise. If she moved out in Sept 19, was she not meant to tell HO then? As in will they not penalise her for taking 7 months to say her marriage was over, whilst starting a new relationship with someone else in the last 4 months of those 7.

Thank you for your time. It is very much appreciated!

[CR001]

You are overthinking.

[profoundrascal]

Sorry to keep asking follow up questions. I really appreciate your time. But obviously this is a huge moment in our lives. I'm overthinking in what way? As in immigration won't care about the timeline? Or as in I'm trying to answer questions that have no answer, and we will just have to wait and see what happens?

[CR001]

She was not an overstayer.

There is no requirement to notify HO the minute you separate. It needs to be at some point.

There is no penalisarion by HO because of the "7 months".

You simply need to meet the rules for the visa you are applying for and have the required evidence to prove it.

[profoundrascal]

Okay. Thank you for your time! I'm sure I've frustrated asking for clarification on everything, but I always try to fully understand a situation before acting. Especially one so important to me. I appreciate you helping us, and I hope you have a great day!