Overstayer, how to become legal honestly?

[Terpe]

....Having been an overstayer is not, in itself, either a barrier or reason for refusal in applying for a UK entry visa (spouse or fiancee). However, I recall that overstaying for more than 28 days, but voluntarily leaving the UK by using your own finances (no public funds) may mean some automatic delay period before making a settlement visa application.
If I'm incorrect somebody will say so. I will try to make some time for a research of immigration rules........

byron19,

I managed to find some time and research the immigration rules a little and it seems to me there is no delay penalty at all for those making settlement visa applications.

Please read the links and the guidance below and see if you agree.

On the question of overstaying I don't believe this should present a problem for your fiance under 'normal' conditions.
Normal means no other immigration offences. This is where you need legal advice from a professional. Especially in terms of possible illegal working etc.

BTW, during the overstay period of your fiancee, did she ever seek treatment from the NHS?

The Immigration Rules are here please look to 320(7B) and 320(7C)

Please also look here for further information

[joebloggs]

byron19,

I managed to find some time and research the immigration rules a little and it seems to me there is no delay penalty at all for those making settlement visa applications.

Please read the links and the guidance below and see if you agree.

On the question of overstaying I don't believe this should present a problem for your fiance under 'normal' conditions.
Normal means no other immigration offences. This is where you need legal advice from a professional. Especially in terms of possible illegal working etc.

BTW, during the overstay period of your fiancee, did she ever seek treatment from the NHS?

The Immigration Rules are here please look to 320(7B) and 320(7C)

Please also look here for further information

no automatic ban for a spouse, if they think they have grounds to refuse her, it will probably be for 320(11)

(11) where the applicant has previously contrived in a significant way to frustrate the intentions of these Rules. Guidance will be published giving examples of circumstances in which an applicant who has previously overstayed, breached a condition attached to his leave, been an Illegal Entrant or used Deception in an application for entry clearance, leave to enter or remain (whether successful or not) is likely to be considered as having contrived in a significant way to frustrate the intentions of these Rules.


also not sure what grounds your g/f would get DLR for HO might say nothing stopping her going back and applying for the correct visa.

also applying for a visa will alert the Ho to where she is living ..

like terpe has said get some legal advice