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overstayer and getting married

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sunny12345678
Newly Registered
Posts: 7
Joined: Fri Apr 12, 2013 3:35 pm
Location: uk

overstayer and getting married

Post by sunny12345678 » Fri Apr 12, 2013 3:47 pm

Hi Guys am new here and this is my first post here i have a query if you can please kindly advice me over it

a brief overview about me-
i am an indian citizen came to uk in 2005 on a student visa and continued renewing it as per the norm but in jan 2009 i got a refusal when i applied for my work permit and refusal was based on some article 326(dont remember exactly) accusing of using deception in my visa application hence refused, so i challenged that in the AIT but eventually i lost the case and since then i have overstayed and been living here illegally.

now my query is - couple of months ago i met my girlfriend who is a British citizen and now we both are planning to get married here in uk but before we get married her family wants to know will i be able to get a stay here after my marriage with her and apply for a visa from here and regularize my stay here? or i got to go back to India and apply from there?

i have heard about some article 8 or something like that which states human right or right to family?so how strong will be my chances to apply under that after my marriage? or will i be able to apply for an discretionary leave or visa from here? and how strong will be my chances on that? or what are the refusal chances?

also can anyone pls tell me what is Appendix FM and can i apply under it from here in uk after my marriage?

i know the second option without using the above one is to get married and go back to India and apply a visa from there but the problem is that my girlfriend earns about 16K which is much less than the required amount so she wont be able to sponsor me at all and secondly i had been accused of using deception earlier on and also have overstayed here for so long now, so am sure that all will hamper my chances of getting back here again in the UK or will painfully delay it and which mite prove bad for our marriage.

so before we get married her family wants to make sure whats gonna happen next(after our marriage) because they don't want me to get stuck their back in india and their daughter waiting for me endlessly here on her own after we get married.

i have heard about the discretionary visa but dont know much about it so if you can please let me know if my case would fall under it after me marrying her and how bright will be the chances of getting it successfully? or what can i do to make it stronger

also my passport have expired so will i still be able to get register for a civil marriage here in uk? and what are my chances on that?(i dont have any other valid photo id)

so can anyone please let me know about my options on it?

Thanks

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