Spose of British national

[Corw]

Hi
I am British national full time working in Ireland since 2018 .
My husband did overstay on his student visa in uk .
He is holding article 50 under withdrawal agreement card at the moment. Before Brexit he wS holding stamp 4 eufam .
We both are living and working here in Ireland . And we don't have any intention to move back Uk . And also we were well aware Surinder Singh and family permit rute .but we never got such a intention to move back to uk .
Is there any chance if he could get a Uk standard visit visa and disclose everything in his cover letter that he did overstay in uk ?
Please answer

[meself2]

Was he given a re-entry ban in UK?
How did he left UK and moved to Ireland legally?

For consideration: https://assets.publishing.service.gov.u ... _v8.00.pdf

Also I think that's better suited for General UK immigration forum, if mods may move it.

[Corw]

Hi
Thanks for your reply
We came Ireland via Belfast by our own car .around that time he hadn't legal status in Ireland. He got his status on our marriage basis here in Ireland.
And also he received his Subject access request from home office.
He doesn't have ban in UK. But we can read in Subject access request that home office declare him absconder as he never attend reporting.
And they removed his name from absconder list when he applied Police Certificate from UK for his security licence.

[Ticktack]

Hi
Thanks for your reply
We came Ireland via Belfast by our own car .around that time he hadn't legal status in Ireland. He got his status on our marriage basis here in Ireland.
And also he received his Subject access request from home office.
He doesn't have ban in UK. But we can read in Subject access request that home office declare him absconder as he never attend reporting.
And they removed his name from absconder list when he applied Police Certificate from UK for his security licence.

He's probably on a 10 year ban to enter the UK. Most times, you only find that out when you re-apply for a UK visa.
Even being the spouse of a UK citizen doesn't negate the effect of the ban.

Newton's 3rd law: For every action, there's an equal and opposite reaction.

Alternatively, he can wait till he becomes Irish and enter the UK on an Irish passport.

[littlerr]

We cannot advise you how the UK government would act here, but as Ticktack mentioned above, it is quite likely that he is placed on a 10-year ban, as per standard.

The Irish and British governments share immigration data, so the fact that he was an overstayer and absconder in the UK may impact his success in applying for Irish citizenship as well. There needs to be an explanation and apology as part of his citizenship application.

[Finepaddy]

If someone has uk visa ban and if they married to British citizen then ban won't be effective.
Simple search on Google can confirm this but as I know this is for Appendix FM ( Spouse Visa )
It's under Appendix immigration rules.

Not sure about visit visa.

[Finepaddy]

If he left on his own expense then no ban and if they removed(deport) then 10 year ban.

[Ticktack]

If someone has uk visa ban and if they married to British citizen then ban won't be effective.
Simple search on Google can confirm this but as I know this is for Appendix FM ( Spouse Visa )
It's under Appendix immigration rules.

Not sure about visit visa.

Not entirely true. Yes if the person applies for a Spouse visa, it "could" be granted. If you note, it's never straightforward, there's always massive delays before it's granted. In some cases appeals and the whole 9 yards. The person would have to jump through more hoops. What the HO then does is not move the goal post. The person doesn't get to apply for citizenship for 10 years. So it gets enforced in a different way.

How you left doesn't matter.

Visiting is just easier to say "NO" to. Because you mostly don't get a full right of appeal to that.

[alan1973]

Hi
I am British national full time working in Ireland since 2018 .
My husband did overstay on his student visa in uk .
He is holding article 50 under withdrawal agreement card at the moment. Before Brexit he wS holding stamp 4 eufam .
We both are living and working here in Ireland . And we don't have any intention to move back Uk . And also we were well aware Surinder Singh and family permit rute .but we never got such a intention to move back to uk .
Is there any chance if he could get a Uk standard visit visa and disclose everything in his cover letter that he did overstay in uk ?
Please answer

My story may help you a little bit.
I was once deported by UK Border agency because overstayed in UK, During the mean time my wife only held a working permit. after she gained UK citizen, she started to apply for my spouse visa.
A long story for short, UK refused twice and seems no chance to get it.
So my wife moved to Ireland, opened a company and rented a house. I sent all my info including my deport letter and refusal letter from UK to Irish ambassy, approved at first time.
Now I am a Irish citizen, so pround of it.
During the stay in Ireland, Me and my wife still travel between two countried because my daughter working in UK, not a issue even after Brexit.
Hope this can help.

[Corw]

thanks for your answer
you came to ireland from Uk via ferry or from your country where they deported you ?
and did you apply Uk visit visa from IRELAND or you were traveling between two countries before Brexit ?
kindly share some information that could help us to travel to Uk .
thank you

[secret.simon]

and did you apply Uk visit visa from IRELAND or you were traveling between two countries before Brexit ?

@alan1973 is an Irish citizen now and therefore does not need a visit visa to enter the UK.

I think his advice is that your husband will be able to travel to the UK after he gets Irish citizenship, as both he and you are currently resident in Ireland.