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General UK immigration & work permits; don't post job search or family related topics!

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AE12
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Marriage

Post by AE12 » Mon Feb 18, 2013 11:16 am

Hi
What is the situation if a British citizen wants to marry an overstayer in th UK who initially arrived on a tourist visa?
Thanks
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Casa
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Post by Casa » Mon Feb 18, 2013 11:20 am

They no longer need permission from the Home Office to marry, but the marriage won't give them the right to legal residence.
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AE12
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Post by AE12 » Mon Feb 18, 2013 11:23 am

Thanks. So the over stayer HAS to then go back to their country after the marriage to apply for a spouse visa, is that right? He can't do I from here?
Thanks
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Casa
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Post by Casa » Mon Feb 18, 2013 12:49 pm

That's correct. Although without knowing all the facts it would be impossible to say whether the spouse application from outside of the UK would succeed, or whether their are other options from within the UK. Are there any children for example? How long have they overstayed? What nationality do they have?
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wiggsy
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Post by wiggsy » Mon Feb 18, 2013 2:54 pm

AE12 wrote:Thanks. So the over stayer HAS to then go back to their country after the marriage to apply for a spouse visa, is that right? He can't do I from here?
Thanks
not necessarily to THEIR country.

I think the post by MPH sums up pretty much most of the options:

http://www.immigrationboards.com/viewtopic.php?t=126461 (about four posts down)


Whilst Casa asks for further info, this info would help on the options available too.. IE: a family unit with kids, could do an Article 8 human rights claim ( FLR(M) ) or Zambrano...

What is the length of relationship? can you prove (beyond REASONABLE DOUBT ) that the relationship has lasted longer than 2 years (living together - unmarried partner)

Lots of factors can affect the whole system... but Leaving an reapplying is usually the most common - and preferably before UKBA catch up with her :) - otherwise it could hinder any future process :)
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AE12
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Post by AE12 » Mon Feb 18, 2013 3:05 pm

Thanks everyone. More information... There are no kids, the over stayer is from West Africa and has over stayed by 9 years..
Thanks again
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wiggsy
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Post by wiggsy » Mon Feb 18, 2013 3:42 pm

AE12 wrote:Thanks everyone. More information... There are no kids, the over stayer is from West Africa and has over stayed by 9 years..
Thanks again

have you been together for 9 years? or? - how long have you been a couple?

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary
non family applications from overstayers...

note: there is a 10 year rule for family cases (but i believe its "lawful residence"?


http://www.immigrationmatters.co.uk/tho ... -rule.html
does the 14 year rule still exist?

ukba new release RE: overstayers...
http://www.bia.homeoffice.gov.uk/siteco ... verstayers
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