Fiance Overstayed Tier 4 Visa

[JBENTLEY7]

Hi,

My girlfriend was in the UK studying for her Masters when her VISA expired on November 30th 2016, she left the UK on December 20th 2016, she postponed a flight initially scheduled for the 28th as she had flu and was unable to travel, and after misinterpreting some advice she got from the Citizens Advice Bureau that she had 28 days to leave from the expiration of her Tier 4 Visa back to her home country.

I travelled back to her home country and we got engaged over that time, where she also applied for a General Tourist VISA to the UK, which was rejected because she had overstayed her Tier 4. She was devastated at this news because she would never knowingly break the rules, and had she known she would have left regardless on her late November flight. She will be fully supported during her 6 months stay in the UK by her father, and provided bank accounts to evidence he has sufficient funds. She is also now working for her father back in her home country.

How best can we progress? We are wary of making another Tourist VISA application because we don't want to get rejected a second time, and aren't eligible for the fiancee visa as we won't be married within 6 months of the visa date.

Is there a best way to proceed? Can anyone recommend any good paths to follow?

Kind regards,
B

[CR001]

Hi,

My girlfriend was in the UK studying for her Masters when her VISA expired on November 30th 2016, she left the UK on December 20th 2016, she postponed a flight initially scheduled for the 28th as she had flu and was unable to travel, and after misinterpreting some advice she got from the Citizens Advice Bureau that she had 28 days to leave from the expiration of her Tier 4 Visa back to her home country. Unfortunatealy for your girlfriend, the rules about overstay changed on 24th November 2016, reducing the so call 'grace period' of 28 days down to 14 days. That aside, she was very silly to even consider overstaying even for 1 day after visa expiry.

I travelled back to her home country and we got engaged over that time, where she also applied for a General Tourist VISA to the UK, which was rejected because she had overstayed her Tier 4. She was devastated at this news because she would never knowingly break the rules, and had she known she would have left regardless on her late November flight. She will be fully supported during her 6 months stay in the UK by her father, and provided bank accounts to evidence he has sufficient funds. She is also now working for her father back in her home country. A refusal was inevitable given the overstay and an application to return so soon after leaving the UK. HO likely question whether she is a 'genuine visitor'. How is she going to work for her father if she is in the UK for 6 months?? Six months by the way is not a 'visit' but 'residing'. She cannot be spending more time in a 12 month period in the UK than in her home country so silly to apply for a visa stating she is going to stay for 6 months, this could also be considered tyring to 'circumvent the immigration rules'.

How best can we progress? We are wary of making another Tourist VISA application because we don't want to get rejected a second time, and aren't eligible for the fiancee visa as we won't be married within 6 months of the visa date. Either marry in her home country and apply for a spouse visa or do the fiance visa and get married within the six months. Expect a bit of an uphill battle. Forget about a visit visa, not likely to happen.

Is there a best way to proceed? Can anyone recommend any good paths to follow?

Kind regards,
B

[JBENTLEY7]

Sorry I didn't mean to stay for 6 months, I was under the assumption that was the standard length of UK tourist visas!

Would the overstay affect the ability to get a spouse or fiance visa in the future? It was less than 3 weeks and she can explain why that occurred.

Kind regards,
B

[sah10406]

Unfortunatealy for your girlfriend, the rules about overstay changed on 24th November 2016, reducing the so call 'grace period' of 28 days down to 14 days.

A refusal was inevitable given the overstay and an application to return so soon after leaving the UK.

The 14-day maximum overstay (previously 28 days) is only in respect of an application for further leave to remain made in the UK. The equivalent maximum overstay for an entry clearance application outside the UK is 90 days. It is changing to 30 days on 6 April 2017, but either way she is within that.

So the problem seems to be not the previous overstay per se, because it was not over the limit, but the impression it gives an entry clearance officer that she will likely disregard the rules again, especially as she appears to be not a genuine visitor but someone who is trying to use the visitor rules to live in the UK with her partner.

Sorry to put it that way OP, but I think until she can apply as your partner fair and square, she should stay away from visitor applications.

[JBENTLEY7]

Do you think it is more likely to be successful if she was to apply for a 2 or 4 week visa instead? That's all the time she is looking to stay for.

Is there an option to extend fiance visa's if not married within the 6 months?

Kind regards,
B

[sah10406]

Do you think it is more likely to be successful if she was to apply for a 2 or 4 week visa instead? That's all the time she is looking to stay for.

Is there an option to extend fiance visa's if not married within the 6 months?

No and no.

Your question about her possible applications is in the wrong forum though. This is the forum about Tier 4 applications. Maybe a moderator can move it for you?

[Casa]

Do you think it is more likely to be successful if she was to apply for a 2 or 4 week visa instead? That's all the time she is looking to stay for.

Is there an option to extend fiance visa's if not married within the 6 months?

No and no.

Your question about her possible applications is in the wrong forum though. This is the forum about Tier 4 applications. Maybe a moderator can move it for you?

Moved.

[Frontier Mole]

It is pointless trying to apply for a visit visa, no matter how much you try to explain the period of overstay it will be refused again.

The other issue is the fact you are now engaged, which in itself says it is not a visit visa.....

[JBENTLEY7]

We aren't intending to live in the UK once we're married, her tourist VISA would be to visit her sister who is studying here on a Tier 4.

Apologies for the wrong forum, I couldn't see the appropriate one at the time. So do you feel that a spouse VISA would be the best option?

Kind regards,
B

[Frontier Mole]

It is not your future intention that is being examined- it is the balance of probability that she will not break the rules again. Hence the refusal under the failure to depart on time previously.
The visit to sister is not going to wash away her history and whatever the previous stated reason for the refused visa will remain on file. What was the reason for the visit given?