some overstayers being refused spouse visa's

[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.

[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?