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Overstayed Spouse

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Assist_ark
Junior Member
Posts: 51
Joined: Thu Sep 08, 2011 8:22 am

Overstayed Spouse

Post by Assist_ark » Fri Sep 16, 2011 9:27 am

Hello guys,
Hope I could get some guidance here. Here goes....

I arrived the UK when I was 17+ yrs of age, on a visit visa (obviously, at that age, all this was unclear, didn't know much about it). Anyway, arrived the UK on a visit visa, overstayed. Attended college for 2 yrs and University (4 yrs) + spent another year contemplating what to d next (It should be noted that I paid Home Student fees and not that of international fees). In-total, I spent a total of 7+ yrs in the UK.
So, having realised the situation I was in, since I couldn't work or do anything (limbo), started doing some research and figured it was best to return to my home country in West Africa. And see what I could do from there.
Now, I'm in a relationship, been in this relationship for 4 yrs now, met her in the UK, she is a British national and we are, currently, now in a long distance relationship. Which I must say gets really frustrating, emotional strains etc. So, we've decided to get married and she has been to my home country on a visit.

Now the questions:
- Having read my story, what are our chances of getting a spouse visa and being re-united?
- Since I attended school and uni, while paying home student fees, which is said to be subsidised by the government. I'm guessing this means I was in one way in-directly having access to public funds. Would this have a major negative impact on our application?
- Fact that I left voluntarily. How much help will this do?
- And, I'm guessing this situation is kinda complicated. Would you really suggest we get a lawyer/solicitor to help with the application?
- Also, since I have done some minor jobs here and there (and received p45 or p60, can't remember). You reckon the High commission in my home country would know about this when I tender my application? asking this, because, as I later realised, has some fraud related elements involved...a long story on its own. Really long story.

Appreciate all replies, and thanks in advance.

mochyn
Diamond Member
Posts: 1038
Joined: Wed Dec 09, 2009 10:02 pm

Re: Overstayed Spouse

Post by mochyn » Sat Sep 17, 2011 1:08 pm

Assist_ark wrote:Hello guys,
Hope I could get some guidance here. Here goes....

I arrived the UK when I was 17+ yrs of age, on a visit visa (obviously, at that age, all this was unclear, didn't know much about it). Anyway, arrived the UK on a visit visa, overstayed. Attended college for 2 yrs and University (4 yrs) + spent another year contemplating what to d next (It should be noted that I paid Home Student fees and not that of international fees). In-total, I spent a total of 7+ yrs in the UK.
So, having realised the situation I was in, since I couldn't work or do anything (limbo), started doing some research and figured it was best to return to my home country in West Africa. And see what I could do from there.
Now, I'm in a relationship, been in this relationship for 4 yrs now, met her in the UK, she is a British national and we are, currently, now in a long distance relationship. Which I must say gets really frustrating, emotional strains etc. So, we've decided to get married and she has been to my home country on a visit.

Now the questions:
- Having read my story, what are our chances of getting a spouse visa and being re-united?
- Since I attended school and uni, while paying home student fees, which is said to be subsidised by the government. I'm guessing this means I was in one way in-directly having access to public funds. Would this have a major negative impact on our application?
- Fact that I left voluntarily. How much help will this do?
- And, I'm guessing this situation is kinda complicated. Would you really suggest we get a lawyer/solicitor to help with the application?
- Also, since I have done some minor jobs here and there (and received p45 or p60, can't remember). You reckon the High commission in my home country would know about this when I tender my application? asking this, because, as I later realised, has some fraud related elements involved...a long story on its own. Really long story.

Appreciate all replies, and thanks in advance.
overstaying is no barrier to getting a spousal visa so if you meet all the requirements for spousal visa go ahead

Assist_ark
Junior Member
Posts: 51
Joined: Thu Sep 08, 2011 8:22 am

Post by Assist_ark » Sat Sep 17, 2011 1:47 pm

Thanks a lot moocha for your reply.
I am aware that overstaying is no barrier for the spouse visa. What I'm concerned about is, if the stuff that has happened while overstaying could be a barrier, since they are considered illegal. E.g. The idea of working and dipping into public funds (although, from my example above, unsure if paying home student fees is actually me using public funds). Hope I'm much clearer now. The stuff I did, will they be a barrier to the spouse visa?

Cheers once again

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