US overstayed UK Visitors visa 6 yrs married to UK citizen

[eurobusgroup]

Hi everyone.

A friend of mine is a US citizen married for over 10 years to a UK citizen who last entered the UK over 6 years ago on a visitors visa and is still living with her husband here in the UK. She never bothered to go through the formal channels to apply for Permanent Residency in the UK. Her US passport has now expired and she needs to sort out the mess any advice?

[John]

She needs to :-

• get a new passport from the US Embassy
• go back to the US
• apply for a spouse visa
• once that is granted, return to the UK

[eurobusgroup]

any way she can do that from here her health is an issue

[MPH80]

She can apply for discretionary leave (which is a 3 year visa and requires a further 3 years before any kind of PR can be claimed) - but there's no guarantee that will be granted.

The only 'sure fire' (note - assuming there are no aggravating circumstances to her illegal stay here) way is to return and apply from the US. This would put her on a 2 year visa after which (under current rules) she could apply for ILR.

Either way - she needs to get a new passport from the US embassy.

[John]

any way she can do that from here her health is an issue

It would have been good if all relevant information had been given!

But what is the health issue? Does it prevent her flying?

Also appreciate that if she has a health issue, and needs to use medical services, as a visitor to the UK her use of free NHS services is limited, and she is liable to pay for all but basic services.