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OVERSTAY OR NOT? PLEASE HELP

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, Administrator

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soniachibber
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Posts: 1
Joined: Mon Aug 31, 2009 12:06 pm

OVERSTAY OR NOT? PLEASE HELP

Post by soniachibber » Mon Aug 31, 2009 12:31 pm

I am a professional female who came to UK 3 years ago with my spouse who was on a work permit and I was on a spouse visa which states validity date good till 2010.
I am now divorced from this man around 4 months ago and have a court order from U.K to prove that.

My questions are as follows:
1. Am I breaching immigration law by staying-on in the U.K although there are no conditions mentioned on the visa page apart for max. duration of stay on my visa and "no recourse to public funds" Stamp. As per the dates mentioned the visa remains valid. But am I breaching law because I am divorced?

2. If yes, well I want to remarry and my future spouse is a British Citizen, Is there a way I can switch my present status to settlement as a married partner?

3. Will my slight unintentional overstay create problems for switching from visa to another?

Please help as I am in dire straits as I am living alone in this country and really love this man I have met and want to get married and stay in the U.K with him.

I will really appreciate some genuine help and inputs
:roll:

Obie
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Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Post by Obie » Mon Aug 31, 2009 12:45 pm

You are not allowed to switch to the Spousal visa with your current leave.

As you current leave was due to you relationship to your previous partner, you continued stay in the UK for a considerable length of time when that relationship has subsided, could be considered as unlawful.
Smooth seas do not make skilful sailors

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