Married to British Citizen want to return to UK as Spous

[*****Lost Soul*****]

Hi Guys,

I really need some help and advice, I have just gotten married to a British citizen in the South African Embassy (im South African), we have been seeing each other for a while and now plan on going back to the UK I have overstayed my visa sometime ago and have been recorded as an overstayed (I did not work when I overstayed and I left at my own expense) I left UK on the 31st Dec 2010 overstayed for 7 months.

I want to apply for a spousal visa so that I can return to the UK legally with my husband.

Could you someone please help me with advice on what will I expect from the British embassy when I make the application?

My husband and I have met in the UK in 2008 we were not living together but we have been together in Saudi Arabia working as teachers as well as in South Africa, Cape Town.

We have finance to prove we have enough cash to keep us off public funds as well as our South African marriage certificate to prove our marriage is legal according to law

P.S My Husband has dual nationality (British and South African)

Thanks
Vicky

[John]

This is in fact quite a technical matter, and it is possible you might not like the conclusion, or even immediately know the answer.

It appears that you got married in the South African embassy in Saudi Arabia. If that is correct, in the terms of the UK's Foreign Marriages Act 1892, the question is .... does the Government of Saudi Arabia consider you to be legally married? If the answer to that is yes, then great, the UK also considers you to be legally married. However if the Government of Saudi Arabia does not consider you as legally married, neither does the UK Government.

Over to you!