Overstaying question

[gemini3913]

I am going to visit my wife soon in the uk. I will be entering via a flight from Dublin to BHX(flight). I have as of now obtained a return flight 1 week from the date I arrive. My question is if am I allowed to stay past that date, as long as I leave within the timeframe of the Common Travel laws, which give a person leave to enter the UK through Ireland for a period of up to 3 months. I am going to be submitting my Spousal visa application soon and don't want to jeopardize it, but my wife is having some medical issues. She needs a surgery and basically I will be helping to look after the kids and also caring for her. This could very well end up needing to last longer than a week, but definately won't exceed the 3 month period.

[gemini3913]

can anyone tell me if this is actually breaking the rules of is it ok as long as I leave within my leave to enter period of 3 months

[vinny]

What nationality are you?
Do you have an Irish or UK visa?

See also Annex I: entry to the UK through the Republic of Ireland.

[gemini3913]

I'm American, and I've probably read that already it just doesn't make sense to me. I have looked and looked on the web for an answer to this question and can't find answers anywhere, but I've posted here once before and the answers were very helpful coming from people rather than from publications I don't really understand.

[vinny]

I'm guessing:

Is the Pax
• a previous refusal in the UK; or
• asubjectofaDOintheUK
• subject to exclusion on
conducive grounds in the UK
• an illegal entrant in ROI

No

Did Pax arrive in the ROI from the UK or Islands?

No

Visa National?

No

Non Visa National
Deemed to have 3 Months Code 3

So, staying up to three months should be okay. Keep evidence of travel.

Moreover, Overstaying shouldn't affect a future spouse visa application. However, be careful of 320(11).

Why are you entering the UK via Ireland and not directly?

[gemini3913]

I am entering this way due to the fact that airfare this way is less expensive. I don't intend to stay longer than 3 months, so the fact that I could enter this way and save money seemed a no brainer