# Spouse Visa for Overstayer Advice please



## craigandjenny (Sep 4, 2013)

Hi,

I married my beautiful wife 3 weeks ago. She is from Colombia and has overstayed on a Tier 4 for over a year now and has been in the UK for over 4 years total. 

Our next move is to pay for sound legal advice here in the UK (ASAP). From the general research and other advice we have got so far we are pretty much convinced that the best route to settlement is by her flying back to Colombia voluntarily, at our own expense, and applying from there.

Here are the positives:
- Our marriage is GENUINE. I will do whatever I can to prove this. For a start we have many general and wedding photos, letters of support -and a couple of reservations made in our name should prove this. (!?)
- I earn over the £18.6K threshold, in the same company for the past 2 years.
- My wife meets the English Language requirements and has the IELTS certificate to prove it.
- Every other requirement is met (bank statements, payslips shared rental contract etc etc) and my wife has no criminal charges or any other convictions whatsoever, neither have I.
- No letter of deportation or the like has been sent.

Here are the negatives:
- My wife is an overstayer for one year now.
- There are no serious justifiable reasons for overstaying. (Need some advice on how to describe the reason for overstaying to the Home Office when we apply!)
- Our relationship started 8 months before we got married. We have been married just 1 month. (while I love my wife, how will the Home Office view our length of time together?)

What I am unsure about is what she would actually be applying for(!) from Colombia and the relative chance of success. Here are my questions:


Is the application for a spouse visa, made from outside the UK, an application for settlement? If so, does my wife need to take the Life in Britain test, or however it is called? 

Once my wife departs the UK will she receive an automatic 1 year ban on her passport?

Does the fact that she voluntarily left the UK, at her own expense, erase her overstay when she applies? Does it help us in any way?

Will the application for settlement (or whatever it is) be rejected because of the overstay? Are there any standards here or is it just so case-by-case that we have to do our best and hold our breath?

Any idea how long a decision might take...at all!?

What happens if I move house or change jobs after the application has been sent?

Do you have any other general advice about how to proceed with this? We are so scared that once we/she leaves the country the chances of securing a visa will be slim. And we absolutely dread being separated for 1 year or even more...we would rather apply from inside the UK and fight deportation if that was the case.

Thanks so much for taking the time to read this!

Craig


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## Warif (Mar 27, 2013)

craigandjenny said:


> Hi,
> 
> I married my beautiful wife 3 weeks ago. She is from Colombia and has overstayed on a Tier 4 for over a year now and has been in the UK for over 4 years total.
> 
> ...


In immigration matters living in uk without visa is very serious matter.
How you married with a overstayer because you can only registered marriage at desiginated registery office if one of the partner fall under immigration control.They check passport and immigration status.


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## craigandjenny (Sep 4, 2013)

Warif said:


> In immigration matters living in uk without visa is very serious matter.
> How you married with a overstayer because you can only registered marriage at desiginated registery office if one of the partner fall under immigration control.They check passport and immigration status.


Thank you for your reply.

Yes I am aware this is a serious matter. Our wedding was a religious and legal wedding.


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## LaraMascara (Oct 19, 2012)

Ummmm... You might want to, or even need to, look at the Surinder Singh Route, also known as the EU Route.

But, see what Joppa says. 

In the mean time, you might want to google that. 

You are going to need to get a very good lawyer if you apply for a UK Spouse Visa with your situation as it is... Get a referral. Get several.


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## AmyD (Jan 12, 2013)

You're going to have an uphill battle. You don't necessarily need a lawyer for this, but you have to be extremely careful with every single piece of evidence you submit, and the letter explaining the overstay has to be bulletproof.

The fact that your wife is leaving of her own volition doesn't make her a saint; don't attempt to portray her as a model citizen because she is very much an illegal. She broke another immigration rule when she married you. It is in your best interest to be apologetic. Be humble.

Why did she overstay?

The fact that you married her so quickly might be a weakness in your application but it isn't the weakest point. You just need to show how your relationship progressed and how it culminated in marriage.

I'm sure Joppa will have some more advice. Good luck.


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## BronwynBean (Nov 20, 2012)

LaraMascara said:


> Ummmm... You might want to, or even need to, look at the Surinder Singh Route, also known as the EU Route.
> 
> But, see what Joppa says.
> 
> ...


I would look at this route in all honesty.....


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## avi109 (Jul 16, 2013)

I overstayed a previous visa for many year due to my relationship. When I got engaged , I returned to my home country applied for my fiance visa, admitted to the ukba of the overstay reasons as to why this happened. They processed the application successfully. Don't be scared be honest in your application. Goodluck this is a very long process ,one needs nerves of steel to cope xxx :fingerscrossed:


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## avi109 (Jul 16, 2013)

Oh and by the way a lawyer quoted us £5500 (...excluding ukba app fee ) to process our case. Setting loads of fear into us about the 'trouble' we would be in. No such thing happened thank god we did not waste our money. We researched used Joppa, Nyclon and other helpful people on this forums advice put the documents together ourselves. I got a flight back (...no problems with immigration at gatwick) flew back and processed the application paying ukba the £900 fee. Don't let the fear get to you, you all have made an honest mistake...it will be resolved following the correct procedure. Await Joppa he is a Visa Angel sent from God xxx


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## Joppa (Sep 7, 2009)

I'm no angel, but want to help others.
I'd say honesty is your best solution. Don't try to justify your offence, admit your mistakes and how wrong you were and how you want to make a fresh start (in a carefully worded and composed covering letter). The first thing they will suspect is that the marriage is a way to cover up your visa offence and a ruse to stay on in UK, so your relationship evidence must be beyond reproach. Make sure you meet all the other visa requirements completely. 
There is no guarantee of success of course and you must face the real possibility of a rejection. I'm afraid a Colombian-Pakistani couple will receive extra scrutiny even without negative immigration history. Be prepared to relocate to Colombia or any other country where you both can get a visa if you are really in love. And then reapply after a few years.


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## craigandjenny (Sep 4, 2013)

Joppa said:


> I'm no angel, but want to help others.
> I'd say honesty is your best solution. Don't try to justify your offence, admit your mistakes and how wrong you were and how you want to make a fresh start (in a carefully worded and composed covering letter). The first thing they will suspect is that the marriage is a way to cover up your visa offence and a ruse to stay on in UK, so your relationship evidence must be beyond reproach. Make sure you meet all the other visa requirements completely.
> There is no guarantee of success of course and you must face the real possibility of a rejection. I'm afraid a Colombian-Pakistani couple will receive extra scrutiny even without negative immigration history. Be prepared to relocate to Colombia or any other country where you both can get a visa if you are really in love. And then reapply after a few years.


Thank you Joppa and everyone! I will reply in full tomorrow but just to clarify that I am not Pakistani, I am English. Not sure where you got that from!

Anyways...we are starting to see the full size and shape of the mountain ahead and are choosing the best equipment to surmount it...

Thanks again


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## Joppa (Sep 7, 2009)

Just got confused with one of the respondents. 
Nonetheless, they do look suspiciously on a marriage entered after a visa violation, so be prepared to argue your case.


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## craigandjenny (Sep 4, 2013)

Joppa said:


> Just got confused with one of the respondents.
> Nonetheless, they do look suspiciously on a marriage entered after a visa violation, so be prepared to argue your case.


Thanks again Joppa.

Right now we are unsure whether to go ahead and apply for the spouse visa from Colombia, knowing that there is a very strong likelihood of rejection. If/when we appeal this can take many months and we are unsure of the likelihood of the decision being overturned this way.

If my wife returns to Colombia and waits it out for the 1 year ban to pass (assuming that is all she receives on departure from the UK), do you think her application stands a greater chance of being accepted this way vs the appeal we would likely have to make?

Thanks


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## craigandjenny (Sep 4, 2013)

Also, while we are considering every option available before we make a final decision:

Should I be able to secure a job in an EEA country, say Rep of Ireland, work for a few months there and then apply for an EEA family permit via the"Surinder Singh" route, is there a stronger likelihood of my wife being granted a permit if she has returned to Colombia?

Thanks again


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## AmyD (Jan 12, 2013)

Yes, the Surrinder Singh route is almost always easiest.


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## Joppa (Sep 7, 2009)

Remember, though, that every EEA country including Ireland has the right to keep out a person for being in the public interest, and Ireland has full access to UK immigration record because of the common travel area. While keeping out a family member of an EEA citizen seeking to exercise treaty rights isn't commonly done, it's a possibility.


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## Warif (Mar 27, 2013)

Im little confused after reading that it is one year ban or ten year ban for a peron who overstay?????


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## AmyD (Jan 12, 2013)

Ten year bans are for deception, not for overstaying (usually).


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## clarkemcrobb (Sep 6, 2013)

Craigandjenny;

My wife and I are currently embarking on the SS route and it isn't anywhere near as scary or convoluted, or a 'loophole' as some describe it. As an Englishman/European it is your right and ability to do so, and I recommend you look into it as an option based on my personal comparisons of the spouse/S.Singh route, before even considering the difficulties that you individual case will present via the spouse route.

I found so much info on this and other websites before I even posted, the people on here are great and can really aid your confidences. I would be happy to provide you with my bookmarks list as a starting point if you would like to consider this, I gathered a number of pages to study this route, just mail me.

Best of luck,
Clarke.


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## Mel_blatt (Oct 8, 2013)

*Advice required*

Hi Joppa, 



Hi Joppa, I am a British woman due to marry my Pakistani boyfriend but am very worried about possible repercussions, he too is an overstayers and has applied to the home office to stay he is about to take the biometric test also. I have read jig are stories about the bride and groom being arrested at the altar and people sent to prison in extreme cases,this is obviously worrying. My problem is I am 18 years older than him and feel this would cause excessive suspicion, we can prove e live together and how long we have been together via mobile phone bills etc but when you say evidence beyond reproach this makes me scared. Our relationship is secret due to the at gap, we have limited photos of each other and frankly I feel we don't stand a chance. Do you have any thoughts on our chance of success. Any advice would be gratefully received...




Joppa said:


> I'm no angel, but want to help others.
> I'd say honesty is your best solution. Don't try to justify your offence, admit your mistakes and how wrong you were and how you want to make a fresh start (in a carefully worded and composed covering letter). The first thing they will suspect is that the marriage is a way to cover up your visa offence and a ruse to stay on in UK, so your relationship evidence must be beyond reproach. Make sure you meet all the other visa requirements completely.
> There is no guarantee of success of course and you must face the real possibility of a rejection. I'm afraid a Colombian-Pakistani couple will receive extra scrutiny even without negative immigration history. Be prepared to relocate to Colombia or any other country where you both can get a visa if you are really in love. And then reapply after a few years.


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## AmyD (Jan 12, 2013)

You don't stand a chance. You outlined the reasons here: the secrecy, the age difference, the lack of proof. And the fact that he's an overstayer isn't good either. Do you meet the financial requirements?


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## Mel_blatt (Oct 8, 2013)

Thanks Amy, yes I earn £20k - what is the worst that can happen I really want to help him but I don't want to get in trouble, he is prepared to be sent home and to wait and keep trying but will I get in trouble if they decide to prosecute.




AmyD said:


> You don't stand a chance. You outlined the reasons here: the secrecy, the age difference, the lack of proof. And the fact that he's an overstayer isn't good either. Do you meet the financial requirements?


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## Hertsfem (Jun 19, 2013)

Get a new boyfriend with less baggage...


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## AmyD (Jan 12, 2013)

Okay, this is outside the scope of visas, but think about this: is your life improved with this person in it, or is it made worse with him in it? Do you have more freedom, happiness, and less worry? Or more worry, less freedom, and less happiness? Only you can answer that question, but I'd like to at least put it out there to consider.

In any case, you probably won't be prosecuted - but if you leave him, and try to sponsor someone else, your application will be scrutinized even more. 

If you really want to go through with this, you should send him back to his home country and have him apply for the visa there. He should declare everything on his application, meaning he should not make excuses but just accept responsibility for the mistakes. Be humble.

You say that he has already applied from inside the country (I think?). That is very likely to fail because he's an overstayer and has no grounds to be in the country. You've mentioned no extenuating circumstances. So be prepared for this app to fail, but also look forward to the future when you can submit a good application with a higher possibility of acceptance.

I hope this is helpful. Good luck to you!


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## Mel_blatt (Oct 8, 2013)

I appreciate your thoughts, I think my life has been much better with him in it up until the point where we decided to try and make it legal, now the stress is very hard to cope with. The wedding is due this week and im completely torn what to do.. the thought of being arrested at the altar is the worst case scenario, how common is this ?

Thanks


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## AmyD (Jan 12, 2013)

Well, it happens. Have you ever watched UK Border Force? They show wedding raids quite a bit. And if he's on their radar, or if the registrar has doubts, it is certainly possible for them to show up. If they don't show up, count yourself lucky and try to get his status legal.


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## ppretty (Jun 13, 2013)

Sounds stressful - plus your reputation. Its always best to do things the right way...otherwise you risk making media headlines


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## Hertsfem (Jun 19, 2013)

If you are unsure Mel then don't do it, just don't xx


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## Warif (Mar 27, 2013)

AmyD said:


> Well, it happens. Have you ever watched UK Border Force? They show wedding raids quite a bit. And if he's on their radar, or if the registrar has doubts, it is certainly possible for them to show up. If they don't show up, count yourself lucky and try to get his status legal.


When i registered my marriage they check the visa on my passport.a lady told me they are not allowed to carry on any mrriage without the proof of valid visa document.i think they will turn down the app at very first day whn they go to apply for notice of marriage.


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## Mel_blatt (Oct 8, 2013)

Hertsfem said:


> If you are unsure Mel then don't do it, just don't xx


Your right, thank you


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## Mel_blatt (Oct 8, 2013)

I have decided against it, thanks for all your advice x x x




AmyD said:


> Well, it happens. Have you ever watched UK Border Force? They show wedding raids quite a bit. And if he's on their radar, or if the registrar has doubts, it is certainly possible for them to show up. If they don't show up, count yourself lucky and try to get his status legal.


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