Overstayed/applying for a marriage visa

[Natasha John]

Hi,

This is my first time here and I am looking for as much information as possible. I have recently got married to a Dominican national and have been looking into the option of him coming to live with me in the UK. He came to England last August and overstayed by one month. At the time he wasn't staying with me. He was returned to Dominica. In May 08 he attempted to visit myself and the family but was refused entry because immigration felt that he did not meet the terms of a visitor given that in the past year his additional request of stay would mean that he had resided more in the UK than his own country. The fact that he had previously overstayed was also a factor.

I have spoken to immigration on several occasions and they said 'give it a bit of time, get a marriage visa and try again'. He has never been deported and was not given a time limit before he could apply again.

We got married this month in Dominica and I have been looking at the conditions for a marriage visa. The most worrying being that he must not have broken immigration laws before (which he did by overstaying).

The cost to apply for a marriage visa is £500 and whilst I am not looking for any guarantees, I would like to hear from people who have been in similar situations. Is the fact that he previously overstayed likely to affect the outcome of a marriage visa? If it is refused what can I do? How long should we wait before he attempts to come back? (A year has now passed since he first visited the UK).

I have read that his application/entry into the UK may be refused for a year from the time that he went back home after having overstayed.

I am not sure on the next course of action, so any advice would be gratefully appreciated.

[vinny]

See also United States wife overstay.

[natty]

I am not sure if its the same thing but my husband overstayed on a Student visa 4 years ago... When we applied for his Fiance visa 3 years ago I was informed that as he was applying for a settlement visa rather than a temporary one, It was a different class of visa therefore his overstay was not an issue. We got the visa/got married and are about to apply for ILR for him. he is South African, not sure whether that makes any difference?

I posted questions on this site as well as calling a government run immigration advice service and got the same answer from both. Although I also spoke to a company that charges alot for their advice and it was completely wrong... so steer clear of those asking for money...these guys are the best option!

This was my post back then.... it might be a bit confusing cos I was slightly in panic mode and wanting to get it all sorted...

http://www.immigrationboards.com/viewtopic.php?t=8382

GOOD LUCK x

[Frontier Mole]

When you say "returned" do you mean he was removed by UKBA? If he was removed at public expense he will have an issue.

[Natasha John]

Thanks for replying. He had stayed with a person in the UK who refused to give back his ticket. The police were involved and asked him if he wanted to go back which he did. I don't know if government funds were sought or whether the airline was contacted (he had a ticket that was valid for a year).

When he tried to re-visit the UK and was refused entry I spoke to a woman at the deportation centre who checked his records and said that he had never been deported and there was no timeframe set before which he could return.

So in response to your answer - I have no idea whether his trip back to Dominica was from public funds.

Natty with regard to the information you gave, this was what I have also read elsewhere - that he should not automatically be refused entry on the basis that he previously overstayed when applying for a marriage/spouse visa.

I guess we will just have to apply and appeal if refused. The whole process just fills me with dread!!

Thanks for taking the time to give me some hope x