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A spouse visa for overstayed needs advice

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, Administrator

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Mohamedkhaked56030
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A spouse visa for overstayed needs advice

Post by Mohamedkhaked56030 » Sat Feb 10, 2018 1:54 am

Hello everyone. I came to UK in 2015 with visit visa for 6 months. I'm overstayed for 3 years now. I will marry my British wife (accommodation is okay and financial requirement okay as well). My question is apply for my spouse visa application in UK or back to my home country and apply from there?. And the issue of my overstayed is gonna effect if I will from my home country ?. Please guys need some help .thanks in advance

vinny
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Re: A spouse visa for overstayed needs advice

Post by vinny » Sat Feb 10, 2018 2:20 am

Marriage may be problematic.

Without Ex.1 nor exceptional circumstances , an in-country application is likely to be refused.

With entry clearance, they may refuse under 320(11).
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

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Casa
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Re: A spouse visa for overstayed needs advice

Post by Casa » Sat Feb 10, 2018 9:47 am

Be aware that when the Registrar notifies the Home Office of your intention to marry (as they are legally required to do), if your registration period is extended from 28 to 70 days in order for the HO to interview you both separately before the marriage can go ahead, you are at risk of being detained during the interview. :idea:
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

Mohamedkhaked56030
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Egypt

Re: A spouse visa for overstayed needs advice

Post by Mohamedkhaked56030 » Sat Feb 10, 2018 1:57 pm

Casa wrote:
Sat Feb 10, 2018 9:47 am
Be aware that when the Registrar notifies the Home Office of your intention to marry (as they are legally required to do), if your registration period is extended from 28 to 70 days in order for the HO to interview you both separately before the marriage can go ahead, you are at risk of being detained during the interview. :idea:
So what u advise me to do now.no problem I'm planning to go to Registrar office to marry I know there's a risk but I will do that. But apply the application from my home country or in uk. Which one I have more chance of success in so confused :cry:

Mohamedkhaked56030
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Re: A spouse visa for overstayed needs advice

Post by Mohamedkhaked56030 » Sat Feb 10, 2018 1:59 pm

vinny wrote:
Sat Feb 10, 2018 2:20 am
Marriage may be problematic.

Without Ex.1 nor exceptional circumstances , an in-country application is likely to be refused.

With entry clearance, they may refuse under 320(11).
Okay no please what's is better for me to do :?

vinny
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Re: A spouse visa for overstayed needs advice

Post by vinny » Sat Feb 10, 2018 10:53 pm

The first hurdle appears to be marriage.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

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Re: A spouse visa for overstayed needs advice

Post by Obie » Sat Feb 10, 2018 11:24 pm

Coming back to Vinny's mention of EX 1, do you have a child with this person, or is there any health or other problem, which will make her unable to go with you to your home country.
Smooth seas do not make skilful sailors

Mohamedkhaked56030
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Re: A spouse visa for overstayed needs advice

Post by Mohamedkhaked56030 » Sun Feb 11, 2018 8:22 pm

Obie wrote:
Sat Feb 10, 2018 11:24 pm
Coming back to Vinny's mention of EX 1, do you have a child with this person, or is there any health or other problem, which will make her unable to go with you to your home country.
There’s no health problem. But what do u mean about go back to my country? U mean live with me there or what? But the problem that my country speaks Arabic and she can’t speake Arabic and it’s whole different lifestyle for her. And her daddy has a health problem and she looks after him.. so what is right thing i have to do now to live together in uk ?

Mohamedkhaked56030
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Re: A spouse visa for overstayed needs advice

Post by Mohamedkhaked56030 » Sun Feb 11, 2018 8:36 pm

vinny wrote:
Sat Feb 10, 2018 10:53 pm
The first hurdle appears to be marriage.
Okay so So what should we do now?? So we cannot Marry or what ?? She is love of my life 😢 what can we do to live together?

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Re: A spouse visa for overstayed needs advice

Post by Londoner007 » Tue Feb 13, 2018 12:12 am

Mohamedkhaked56030 wrote:
Sun Feb 11, 2018 8:22 pm
Obie wrote:
Sat Feb 10, 2018 11:24 pm
Coming back to Vinny's mention of EX 1, do you have a child with this person, or is there any health or other problem, which will make her unable to go with you to your home country.
the problem that my country speaks Arabic and she can’t speake Arabic and it’s whole different lifestyle for her. And her daddy has a health problem and she looks after him.. so what is right thing i have to do now to live together in uk ?
The language issues will have no credibility as ECO will say why does she not attempt to learn Arabic.

Is she a registered carer for the father, does she get any carers allowance or anything?
Verily, After Hardship Comes Ease

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