some overstayers being refused spouse visa's

[joebloggs]

I've read on another froum , ( more upmarket and educational ) but not as friendly as here , i'm joking scouser keith.. just got nothnig to do in my dinner hour

any way, entry clearance offices are regularly considering applications for
spouse, fiancée, and unmarried partner applications under the general
provisions of the Immigration Rules. Under Section 9 of the Immigration
Rules, there are set out the grounds for which entry clearance is to be
refused, and entry clearance is normally to be refused.

I had not, before mid October, ever seen a case in which a previous
overstaying alone had been used as a reason to refuse entry clearance as
a spouse. I have, however, been made aware of four different cases
which have been refused on this ground over the past ten days. They
have been from three different countries, including Pakistan and
Jamaica, and it therefore does appear that this represents a new policy. this was from a immigration lawyer,,

so don't overstay in the uk, or you might be refused a spouse visa

[ginapeterb]

Joe

Thanks for bringing that to our attention, overstaying is indeed a reason for a visa to be declined, I always assumed that was common knowledge, but its good to see the rules are being observed.

This may be applicable to those who come to the UK as tourists, and expect nothing to happen when they overstay there welcome in our country, if they comply with the rules, they should be fine.

If they flout the rules, then they should expect to be declined, that is their choice.

Thanks for bringing it to our attention.

[joebloggs]

common knowledge, it may well be in immigration rules about refusal for overstaying, but i don't think its being enforced until now, i've never read about anyone being refused a spouse visa for overstaying, usually the overstayer would go back to thier country without being noticed by the immigration dept, and apply for a spouse visa without a problem, even if they've overstayed here for years, i've read many posts when they have been granted a spouse visa, even after 3 years as a overstayer, but since last month, i've heard of a few cases, where they have gone back to thier country as stated in my post, they have been refused for being overstayers. looks like some case workers are enforcing the rules.. or its starting to become standard..

[somebody]

Dont they soon want to bring in stamping on the way out?

Also i guess if it was an failed asylum seeker who tried to stay in the country by marrying a citzen or resident, many memebers of the public might say its outragous hang them high etc.

[joebloggs]

its not just asylum seekers, its people on a vistor/tourist/student visa who overstay, ones who are smuggled in, those who used fake passports or someone elses passport to enter the uk. if you have broken the law, you shoudn't expect a visa. what about those who haven't broke any law, yet have been refused a visa for another reason, not enough proof of a relationship, savings or accommdation. its not fair on those.. , when a law breaking overstayer gets granted a visa.

[spindrift]

Joe

Thanks for bringing that to our attention, overstaying is indeed a reason for a visa to be declined, I always assumed that was common knowledge, but its good to see the rules are being observed.

This may be applicable to those who come to the UK as tourists, and expect nothing to happen when they overstay there welcome in our country, if they comply with the rules, they should be fine.

If they flout the rules, then they should expect to be declined, that is their choice.

Thanks for bringing it to our attention.

Hi gina and peter
As far as the rules go, if my fiancee gets her visa and we get married in the uk within 6 months , can we apply for her right to remain before the fiancee visa expires. I know how the spouse visa works but not fiancee. And yes, i have been looking on your site and this one for research. Maybe i missed something. Any thoughts cheers spindrift.

[jencha8569]

Hi gina and peter
As far as the rules go, if my fiancee gets her visa and we get married in the uk within 6 months , can we apply for her right to remain before the fiancee visa expires. I know how the spouse visa works but not fiancee. And yes, i have been looking on your site and this one for research. Maybe i missed something. Any thoughts cheers spindrift.

just keep searching and posting

cheers mate

[ginapeterb]

If a fiancee obtains her marriage visa, then to apply to extend to a 24 month probationary visa is fine, those who marry in the UK have no problem s generally with going to stage 2, the 24 month visa.

Once the applicant has been in the UK for a total period of 24 months they are then entitled to apply for an indefinate leave to remain permit.
Good luck with it

[andypaul]

Hi gina and peter
As far as the rules go, if my fiancee gets her visa and we get married in the uk within 6 months , can we apply for her right to remain before the fiancee visa expires. I know how the spouse visa works but not fiancee. And yes, i have been looking on your site and this one for research. Maybe i missed something. Any thoughts cheers spindrift.

Once married you can apply for flr

[kimmi]

if she's on a fiancee visa when she enter the UK,after the marriage she can apply right away for flr even before her visa expires..

[joebloggs]

if she's on a fiancee visa when she enter the UK,after the marriage she can apply right away for flr even before her visa expires..

always a good idea to apply before it expires
apply ASAP as always

[keithAngel]

always a good idea to apply before it expires
apply ASAP as always

Who,s a sap?

[joebloggs]

It looks like for some people the gov has not kept it's word, some people are being refused settlement visa's for overstaying in the past,even thou the gov said if you were an overstayer but had gone back, the overstaying would not effect your visa app decision if you went back btw april to oct this year..

[andypaul]

It looks like for some people the gov has not kept it's word, some people are being refused settlement visa's for overstaying in the past,even thou the gov said if you were an overstayer but had gone back, the overstaying would not effect your visa app decision if you went back btw april to oct this year..

I feel sorry for those caught up in the problem.

But they knew the rules and overstayed. The goverment should never had said hey its ok don't worry.

Same problem with having an amesty for overstayers it sets a precedent for the future. It also rewards those who break the Law.

Due to so many people basically breaking the condtions of their Visa now its almost impossible to invite a member of your family to the UK

[garywestwales]

Is this true?
Because my wife extended her stay here in UK due to the Home Office still has her passport on the date that her visa got expired and we didn't know that she should go back to the Philipines.
They only give us 3 months to get married so we got married and apply for Spouse Leave to Remain and she got refused. We are due to go back to the Philippines to apply for a new Spouse Leave to Remain.
Is this going to be a problem? We thought it is okay because the Home Office still gives us Certificate of Approval to marry eventhough they know my wife has run out of visa. That is why we got married. Please help me!! I don't want to lose my wife... Thanks...

[telford]

Is this true?
Because my wife extended her stay here in UK due to the Home Office still has her passport on the date that her visa got expired and we didn't know that she should go back to the Philipines.
They only give us 3 months to get married so we got married and apply for Spouse Leave to Remain and she got refused. We are due to go back to the Philippines to apply for a new Spouse Leave to Remain.
Is this going to be a problem? We thought it is okay because the Home Office still gives us Certificate of Approval to marry eventhough they know my wife has run out of visa. That is why we got married. Please help me!! I don't want to lose my wife... Thanks...

you should apply FLR before her visa expire not ILR since she just been there for 3months... you cant apply ILR or FLR in Philippines..Just visa,,,

[IainBusby]

I don't think this will stand for long, I'm sure that someone will eventually challenge this under european human right legislation or something similar because it seems to go against the grain somehow to deny a British citizen (sorry I forgot, were not citizens were just serfs.... no I meant to say Brtish subjects) the right to bring his wfe to this country.
Iain.

[joebloggs]

mandatory bans for overstayers was introduced earlier this year, althou if you left i think btw the end of march and oct, there was supposedly a concession, that the embassy wouldn't refuse you a visa just becuase you overstayed...

then if i remember correctly, for spouses they changed it, so they didn't make the ban mandatory.but if they say she has overstayed then she could face a years ban from the uk..

i think british immigration laws/rules over ride any european immigration laws..

COA is not a visa, never let a visa expire...

i take it your wifes visa had expired b4 you sent it to the HO ?

[bornatbirth]

can someone tell me,what if your a overstayer in france?

my wifes friend is working in france and chatting to a scottish guy,what problems will she have?

[aromulus]

my wifes friend is working in france and chatting to a scottish guy,what problems will she have?

A humungous language barrier.....

[bornatbirth]

A humungous language barrier.....

apart from that and the weather?

in getting a financee visa,he as told her she needs to wait 2 years before they can apply?

[aromulus]

in getting a financee visa,he as told her she needs to wait 2 years before they can apply?

Sound like a load of "Spucatum tauri" to me....

But then again, not being familiar with French legislation on overstayers, I cannot comment.

Unless he got cold feet and is trying to put her off altogether, very diplomatically....

[darren-b]

apart from that and the weather?

in getting a financee visa,he as told her she needs to wait 2 years before they can apply?

Where do they plan to live together - France or the UK?

[aromulus]

Where do they plan to live together - France or the UK?

It doesn't really matter because she cannot apply from France as an overstayer, and if she gets caught and sent back to Philly, the chances for her getting either a fiancee or spouse visa will be very, very slim indeed for an extremely long time, because of the bad record.

[bornatbirth]

i take it,they will go to scotland but she will go back to philipines and apply but as Dom as said the overstaying will be a problem.

but for how long?

[darren-b]

It doesn't really matter because she cannot apply from France as an overstayer, and if she gets caught and sent back to Philly, the chances for her getting either a fiancee or spouse visa will be very, very slim indeed for an extremely long time, because of the bad record.

I'm not an expert but I think it would make a big difference.... If he was exercising his treaty rights in France as a EU citizen and she could prove that she was in a durable relationship with him I think she would be able to legalise her stay in France.

[joebloggs]

immigration data is shared btw European countries..

i think she will have to go back to the phils to apply for a visa as she is not a legal resident of France.

i take it if she leaves France, and her passport is not checked or marked as she leaves the airport to board the plane to go back to the phils, then no one knows she has overstayed.

so applying for a visa shouldn't be a problem, if she is stopped and her passport is marked, then it still might not matter, and also she has not overstayed in the uk, and there is no mandatory ban for overstaying spouses.

[baboyako]

if the french embassy in manila asked her to return, then, it may be a problem. but as everyone has said leaving a county doesn't usually involve that many checks.

if she goes to filly, applies for a uk visa, I can't see any issues.

if there are, Geneva is a nice place

[bornatbirth]

thx guys

i will pass this on

but him telling her she as to wait 2 years is bull right?

[andypaul]

immigration data is shared btw European countries..

i think she will have to go back to the phils to apply for a visa as she is not a legal resident of France.

i take it if she leaves France, and her passport is not checked or marked as she leaves the airport to board the plane to go back to the phils, then no one knows she has overstayed.

so applying for a visa shouldn't be a problem, if she is stopped and her passport is marked, then it still might not matter, and also she has not overstayed in the uk, and there is no mandatory ban for overstaying spouses.

Dont the phils stamp the passport with the flight number on it?

That could possibly cause a problem with some ECos if they pick up on it.

Unless you flew back cathay or singapore for example and tranist through an asian country so the flight in phill appears as its one from the asean area?