Overstayer marrying an ilr holder wat status wud he get?

bebe2 · Post by **bebe2** » Thu Mar 26, 2009 10:31 am

HI ALL
if an over stayer marries an ilr holder can they apply for some sort of visa? wud they have to go and do the ceremony in their home country?
wud they need a coa if marrying in uk?

Post by **Casa** » Thu Mar 26, 2009 11:19 am

They would need a COA, but the application would run the risk of alterting the Home Office to their overstay. In most cases they would need to return to their home country to apply for a spouse visa to re-enter. What nationality and any children?

parvus1202 · Post by **parvus1202** » Thu Mar 26, 2009 11:31 am

If you applied for a spouse visa in the UK, you would be denied as you are overstayer, no appeal. Better go back to your country and apply there for a spouse visa.

Post by **Casa** » Thu Mar 26, 2009 11:43 am

I wouldn't advise returning until the OP gives their nationality and whether they have any children with their partner. Chikwamba ruling may apply for example...in which case they would need legal advice.

bebe2 · Post by **bebe2** » Fri Mar 27, 2009 6:14 pm

thanks all
they both have no children, the op is camerounian. the girl friend has an ilr.
any chance?

jei2 · Post by **jei2** » Sun Mar 29, 2009 2:01 am

The OP can apply for a COA but it may be a long wait. As said, it might be quicker and simpler to return home.

Has he submitted any further applications since his visa expired?

bebe2 · Post by **bebe2** » Mon Mar 30, 2009 10:47 am

no, he married an eea7 yrs ago marraige broke down quickly he is now divorced and the marraige lasted less tham 3yr so he doesnt qualify for retenion of right.

he has been with his current girl for over 3ys.

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Overstayer marrying an ilr holder wat status wud he get?

Overstayer marrying an ilr holder wat status wud he get?