Please help...overstay spouse Chinese and British

[kiwi88888]

Hi all,

first of all i just want to thank in advance for all the advice I can receive to help my situation

I am British born citizen, I meet all of the financial requirements and have a shared ownership property.

My partner
Chinese national previously came to the UK on a tier 4 student visa in 2009, visa expired in 2010 and he overstayed since. Never worked illegally, never worked, never applied for asylum or sought benefits, never used services he was not entitled to, he has no illnesses, basically no aggravating factors.

We met in 2013 and have been living together ever since, we were ill advised to submit an in country application as flr(M), inevitably, it was bound to fail. The refusal letter states they are satisfied that he meets the suitability requirements but not the eligibility requirements and they were not satisfied that our relationship was genuine and subsisting. I guess the only good thing that came out of this is that the HO are aware of us.

So we were admitted temporary admission to leave and my partner has been reporting to the immigration centre once a month.

So, we've now booked flights (7 nov) and informed the HO of our return to China to get married, my family and his family will both be attending, my partner will pass his english A1 when he gets to china, my questions are:

1. What is the likelihood that the ECO will grant entry?
2. If entry is refused by the ECO, how long must I wait till we can appeal?
3. what is the longest period of separation?

[Casa]

As long as you can meet all the requirements for a spouse visa your husband can't be refused under 320(7b) and would only be refused under 320(11) frustrating the intentions of the Immigration rules if any of the following apply in Section 2 & 3 in the following link:

https://www.gov.uk/government/publicati ... raph-32011

Watch out for any outstanding NHS bills over £500 that have remained unpaid for over 3 months. This has been tightened and is a common reason for refusal which may catch applicants unaware.

[kiwi88888]

As part of the FLRM application we paid the NHS immigration surcharge which was refunded after our application was refused. I have just read section 2 & 3, we don't have any of those!

After we marry we will pay the surcharges again upon making a fresh entry clearance application as a spouse.

[Casa]

The surcharge would not exempt your partner from any previous use of the NHS for which there are outstanding bills.

[kiwi88888]

Hi casa,

Thanks so much for your fast fast replies, he doesn't have an NHS number and we visited the dentist before but we paid for those services. What could previous bills include, ever since I've been with him, we never visited the GP.

[Casa]

Hi casa,

Thanks so much for your fast fast replies, he doesn't have an NHS number and we visited the dentist before but we paid for those services. What could previous bills include, ever since I've been with him, we never visited the GP.

In which case he's fine. The Spouse visa application will ask whether he has used the NHS for which treatment remains unpaid. He should answer NO.
Simples.

[kiwi88888]

1. What is the likelihood that the ECO will grant entry?
2. If entry is refused by the ECO, how long must I wait till we can appeal?
3. what is the longest period of separation?

[CR001]

1. If you meet all the requirements, ECO should issue visa.

2. If you are given the right to appeal, you can do it as soon as you get the refusal IF it is refused. It also depends on why it was refused on whether you will be given the right to appeal etc. Appeals can take many months, sometimes more than a year.

3. Depending on country applying from, it can take a couple of months.