Overstaying and returning.

[Devilot]

Here's my situation - I overstayed a visitor visa because I was trying to get a spousal visa. Huge mistake, I got asked to leave the country (as most of you may know, you cannot apply for a spousal visa on a visitor visa and even moreso if you're not 21 like myself). I paid for my plane ticket and left voluntarily on the day they stated.
I've spent a long time reading and scouting around the internet, and come up with a few things.. I read somewhere that I can return to the UK after one year if I had left voluntarily. Does this only apply to any visa OTHER than visitor visas? Or will I be able to go on a visitor visa?
I was going to apply for a visitor visa before even going but would I just be able to go without it? The worst imaginable situation for me would to be sent home without being able to be in the UK, so I really want to make sure I'm covered here.
Thanks in advance, and sorry if I didn't post this in the right section.

[ElenaW]

The one year ban applies to everything except the family path. By the way, from now on, you need to apply for a visitors visa before you come to visit or you have a very high possibility of being bounced considering you're now an overstay risk.

How far off are you from being 21?

[Devilot]

I'll be 21 in January, so I'm not far off. But I'd like to be able to spend all of the holidays with my husband and his family now, considering I'm recently unemployed aswell.
I'll be applying now definately, though I also wonder would I have to apply for a family visitor visa or a visitor visa? I would assume a family visitor but sometimes it's always best to ask with these things.

[vinny]

If you want to return as a visitor, did you overstay for over 28 days? Has it been at least one year since you last left the UK?

However, for a spouse visa, see also SET3.5 What is the age requirement?

[avjones]

Family visit visa.

Under immigration rule 320, you will be refused entry clearance as a visitor for a year after your last departure, if that was more than 28 days and you paid your own way home. If it was less than 28 days after your visitor's visa expired when you left, rule 320 doesn't apply to you.

But don't be at all surprised if you're rejected anyway for a visitor's visa, given you've overstayed and that your husband is here.

[ElenaW]

I suggest you wait it out and apply for a spousal in january.

[Devilot]

Waiting isn't simply an option anymore. I miss my husband, half of you wouldn't really understand what it really feels like to be seperated for a year, or longer. Not because of choice, but because of force.. and the holidays are the worst of times. I just want the happiness everyone else gets and being able to spend them with my loved ones.
I doubt I'll be rejected, I'll have more than enough proof of me planning on returning back to Canada after my 21st birthday. Thanks for all your help.

[avjones]

How long did you overstay, and when did you leave?

[ElenaW]

Waiting isn't simply an option anymore. I miss my husband, half of you wouldn't really understand what it really feels like to be seperated for a year, or longer. Not because of choice, but because of force.. and the holidays are the worst of times. I just want the happiness everyone else gets and being able to spend them with my loved ones.
I doubt I'll be rejected, I'll have more than enough proof of me planning on returning back to Canada after my 21st birthday. Thanks for all your help.

I've been apart from my husband for longer than a year at one point. I know exactly how it goes. It wasn't because of age but the lonely feeling is still the same.

It's your choice whether you apply for the visa but no matter how prepared you are, you're now an overstay risk and they can refuse you if they want to. Trust me, when it comes to settlement, you really don't want these complications and so many refused visas. I just think January is not too far away and your situation would be less complicated if you waited it out.

[Devilot]

Waiting isn't simply an option anymore. I miss my husband, half of you wouldn't really understand what it really feels like to be seperated for a year, or longer. Not because of choice, but because of force.. and the holidays are the worst of times. I just want the happiness everyone else gets and being able to spend them with my loved ones.
I doubt I'll be rejected, I'll have more than enough proof of me planning on returning back to Canada after my 21st birthday. Thanks for all your help.

I've been apart from my husband for longer than a year at one point. I know exactly how it goes. It wasn't because of age but the lonely feeling is still the same.

It's your choice whether you apply for the visa but no matter how prepared you are, you're now an overstay risk and they can refuse you if they want to. Trust me, when it comes to settlement, you really don't want these complications and so many refused visas. I just think January is not too far away and your situation would be less complicated if you waited it out.

It's been longer than a year now in total, makes me angry because this wouldnt be the case if he was just simply in the same country as me.
Like I said though I dont think my visa is going to get declined, I'm giving them all of the information they require and then some, really going to make sure that every aspect of this is covered so they don't have a justifiable reason to decline me. Being a packrat has been a good thing since I have documents from even two years ago to back me up.

[vinny]

How are you going to satisfy

(ii) intends to leave the United Kingdom at the end of the period of the visit as stated by him; and

?