Marriage to overstayer

[Patfink]

Hi
Have read many of the threads on here, but can't find anything that answers the following clearly - any informed input would be much appreciated...

Background : Genuine year long relationship, but girlfriend is a 9 month overstayer. She is about to return home to S America voluntarily, and we will then marry there and apply for a spousal visa.

1) What damge would a 9 month "overstay" on a student visa do to the application for a spousal Visa. Is it super strict, or as long as there wasn't anything bad happening, it'll not be a problem.

[Isaac01]

Hi Pafink

Have a look at this;

http://www.ukba.homeoffice.gov.uk/polic ... les/part9/

(11) where the applicant has previously contrived in a significant way to frustrate the intentions of the Rules by:

(i) overstaying; or

(ii) breaching a condition attached to his leave; or

(iii) being an illegal entrant; or

(iv) using deception in an application for entry clearance, leave to enter or remain or in order to obtain documents from the Secretary of State or a third party required in support of the application (whether successful or not); and



I would advise you to seek professional help from an Immigration adviser.

[Phase7]

@Isaac01: You are quoting out of context. Read the whole webpage of the link that you've posted and understand it.


@Pafink: Applying for a settlement/spouse visa 'should' override/waive off the applicant's previous overstay. However, it's still advisable to have an Immigration 'Solicitor' assess your case history & documentation before applying, to have a bulletproof case.







http://www.ukba.homeoffice.gov.uk/sitec ... wchart.pdf



Good Luck,

Phase7.

[Isaac01]

Yes sorry I was quoting out of context.

@Pafink good luck! and sorry for getting it wrong!