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✎ EN Spouse overstayed...
    

Discussion in 'Immigration UK' started by joelion, Nov 17, 2010.

  1. joelion

    joelion New Member

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    Living In:
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    My wife and I got married in the UK earlier this year. I am a UK citizen she is a US citizen and she was here on a Fiance Visa. When we went back to the US where we live, she overstayed by 35 days. Nothing arose when we exited. We now want to come back to the UK for a 3 week vacation but I am concerned that her previous overstay will cause a problem and she may be deported. Being that she is also 4 months pregnant that would be extremely traumatic. We have absolutely no intention of residing in the UK permanently.
    I rang UK Border Control and all that they would say is that it is at the discretion of the immigration officer at Gatwick and that it could be a problem. I would of thought that under EU law they could not refuse entry to the spouse of an EU citizen?
    Any help/advice would be greatly appreciated...
     
    #1 joelion, Nov 17, 2010
  2. Ecrivaine

    Ecrivaine Active Member

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    City:
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    Living In:
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    Nationality:
    American (US)
    Languages:
    English, un peu de Français
    I would consult with a US attorney and/or UK solicitor (who specialize in these issues) and perhaps someone at the British embassy here in the U.S. I would do this BEFORE you leave. If you can get something in writing, so much the better. I definitely would *not* get on a plane before obtaining some sort of assurance (that was clearly communicated to Border Control in the UK). If time is short, you may need to rethink your vacation. The final decision is yours, but in your place, I personally would not take the chance. Good luck.

     
    #2 Ecrivaine, Nov 20, 2010
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