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✎ EN US Overstayer in UK

Discussion in 'Immigration UK' started by gforce, Mar 7, 2007.

  1. gforce

    gforce Member

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    I have read all the questions about applying for a spousal visa when marrying my American fiancee in the states. I think I understand all the procedures. Can someone give me a brief summary though?

    Also my fiancee has overstayed her original visa here. Will this affect: Firstly her going back to the states? And secondly our spousal visa application when we are applying in the states? Also how long will it take to get the actual visa and will we need to be married before applying?

    Thanks for any help
     
  2. CannyRogue

    CannyRogue Member

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    okay: you are both in the states. You get married. To get the spouse visa, an application needs to be made to her local British visa-granting consulate; you must fill out an online form and then submit paperwork to the consulate. So you can either make an appointment to go there in person and get the visa the same day, or apply by mail, which may take a week or two. You have to submit her passport, a copy of yours, proof of the relationship (pictures, emails, etc) and your marriage certificate. And, of course, the payment. Once she gets her passport back with the visa in it, she can come to the UK.

    Now, not all British consulates are visa-granting; check online to find the visa-granting one for her area.

    Overstaying in the UK won't matter when she goes home. But, to be honest, it may reflect badly on her when she applies for the spouse visa - I don't have experience with that personally, but from what I understand from other people's posts, they can be quite nasty about it.

    ps YES you need to be married before applying.

    I suggest you go to www.ukvisas.gov.uk - they have all the guidance noes and application forms there.
     
  3. gforce

    gforce Member

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    Thanks for the reply and all the information.

    What do you mean by the fact they can be quite nasty? Do you mean it could be rejected?

    Is there anyway around this? I.e is it dependent on why she stayed?
     
  4. CannyRogue

    CannyRogue Member

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    I'm referring to this thread:
    http://www.easyexpat.com/forums/ftopic_11752.htm

    So yes, it can be refused. Was there a good reason she overstayed?

    You can generally count on the Home Office/Immigration authorities being very unsympathetic and in fact rather harsh; it's best to make sure you do everything you can 'their way', though even that won't guarantee you won't have problems.

    I was almost refused entry into the UK last year even though I'd never overstayed my visa (the man led me into a little room and accused me of trying to abuse the visa system and suggested I was trying to work in Britain illegally :rolleyes: ).
     
  5. gforce

    gforce Member

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    She overstayed because of a guy basically, then could not afford to go back. After splitting with him she could still not afford to go back. We then met about 6-8 months after this. I proposed 2 months later and we have been living together since. We moved into a flat in May last year and have bills in both our names for proof of the relationship. I can prove that I am able to support her etc. Is it best to be truthful about this? Also she has done cash in hand work to support herself.

    Sorry to hear about your problems. Where were you coming from?
     
  6. CannyRogue

    CannyRogue Member

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    Well, I don't think that there's any way around it, you will have to tell them she overstayed her visa. They can check up on it, so it's best to be honest. Cash-in-hand work is not really legal, and certainly not on an expired visa, so I wouldn't suggest being open about her doing it.

    I suppose in the worst case scenario, since you haven't done anything illegal, you may still be able to live in the US with her if her UK visa gets rejected.

    I have an American passport. I just finished a six-month work in Britain program, then went to Paris overnight to come back in on a new stamp for another few months to be with my fella (living off of savings). I barely got in, and just got a lot of threats and accustations from the passport guy who thought he was, like, Colombo.

    I got a fiancee visa in the end.
     
  7. gforce

    gforce Member

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    Hey thanks for all your help.

    So at the end of the day its basically upto whoever we get interviewed by when making the visa application in the states? Just have to hope for a nice person then.

    Congratulations on getting in yourself. Hope everything works out for you.
     
  8. osamede

    osamede New Member

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    The UK home office will take your moneyt ( a lot of it) and the mess you about. As is their right if you apply as a UK resident to bring in a spouse. An overstayer is just gonna be obvious groudns for them to nix her.

    There is a workaround if you are hell bent on living in the UK with your new wife. It can take from two years or more, but it is an ironclad route.

    You'd be better off getting married, then you (The UK national) go and get a job elswhere in the EU. Register as a resodent there. You then applyfor an EEA family permit for the American wife to live with you there. By doing so, you have formally excercised your EU freedom on movement rights for yourself and family ie her.

    You can then either live in that EU country for however long it takes for her to get an EU passport (probably at least 5 yrs maybe as long as 7 or 9 depending) ..... OR having lived in that EU country for more than two years, you then tell the britsh authorities that you wish to excercise your EU treaty rights to freedom of movement again - this time from the country you have been a legal resident in - with your wife. They must grant you this for free and as of right. Whether she has entered the UK wrongly before is not relevant grounds for denial. As long as you are excersing your freedom of movement rights.

    By doing this you are excercising a right (freedom of movement), which sueprcedes the UK's home office's legal reach. They must grant you a residence permit for her. This right is established under a legal precendent called "The Surinder Singh Principle".

    So if you at all can get a job eslewhere in the EU, I suggest you dont apply for UK residence permit for her at all. Just go and establish yourself elsewhere and you've got all this sorted out.
     
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