Overstayer of 8 years

Redshrimp · Post by **Redshrimp** » Mon Oct 17, 2011 8:23 pm

Apologies if this is in the wrong section. I was hoping for some guidance re my boyfriend who is an Aussie overstayer, and I'm tracking passport stamps as references for this, so it isn't easy!

He arrived in the UK in 2000 on an initial *6 month working holiday visa* (10/2000-04/2000).

He then went back to Oz, came back on a *2 year working holiday visa* (05/2000-05/2002).

He then got married to a british citizen in the UK but not sure exact dates but the next passport stamp is for 'leave to remain..not engage in employment paid or unpaid..' for 03/2003-04/2003.
And then stamp 'leave to remain..on condition that holder maintains & accommodates himself & any dependants w/out recourse..' for 06/2003-06/2005.

After being married for I believe 2 years they then got divorced, and it was at this point that he started to be an overstayer, due to the visa expiring.

He is still currently working with the same employer that he was then, and is still paying taxes etc despite being an overstayer, but desperately wants to obtain a new visa to basically become legal.

Our understanding is that he could apply for a visa after 14 years has passed - is this correct? If so, would this be from 2003 or could it date back to when he first arrived in the UK in 2000?

Are there any other options for him obtaining a visa, such as us marrying within the UK?

Any help or information would be much appreciated.

Thanks

Post by **Lucapooka** » Mon Oct 17, 2011 8:33 pm

Discretionary leave outside the rules based on family ties seems to be only viable option.

Redshrimp · Post by **Redshrimp** » Tue Oct 18, 2011 10:16 am

Lucapooka wrote:Discretionary leave outside the rules based on family ties seems to be only viable option.

Family ties being blood family?

Post by **Lucapooka** » Tue Oct 18, 2011 12:23 pm

Meaning wife/partner or children living in the UK.

Redshrimp · Post by **Redshrimp** » Tue Oct 18, 2011 1:30 pm

Lucapooka wrote:Meaning wife/partner or children living in the UK.

Thanks. Are you able to point me in the direction for having those details confirmed?

Also, it's my understanding that he would need to present a valid visa (as he is non-EU) in order for us to register the marriage in the UK, so without it, it's not possible here.

Post by **Casa** » Tue Oct 18, 2011 2:35 pm

You no longer need a valid visa in order to marry in the UK (and haven't needed one for a considerable time). Neither do you need permission from the Home Office as this requirement was withdrawn in May.

Redshrimp · Post by **Redshrimp** » Tue Oct 18, 2011 4:34 pm

Casa wrote:You no longer need a valid visa in order to marry in the UK (and haven't needed one for a considerable time). Neither do you need permission from the Home Office as this requirement was withdrawn in May.

Great - thank you.

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Overstayer of 8 years

Overstayer of 8 years