overstaying and spouse visa outside the Uk

[Mattcin]

Hi all,

My question is, are spouses subject to any mandatory refusal or ban if they overstayed in the Uk exceeding 90 days ?

I read the rules and a lot of forums and I was almost sure that spouses did not get that ban unless they have frustrated the immigration in a significant way, which I would have thought did not apply in my case apart from overstaying I haven't done anything to aggravate the situation, not that I think overstaying is ok but I was waiting for them to review my case since my refusal in end of Jan.

Please help me , I have been given and appeal right when I received IS151a+b and IS96 ( i received all of it in the space of 3 days along with Home office review decision) but I thought I'd rather go back voluntarily and apply for spouse visa ( my husband is English) but today I have been told by my voluntary departure case worker that I am most probably to get a one year ban and an immigration advisor said something like it is discreationary it may go either way , as staying over 90 days can be considered as frustrating the rules, I am really confused please let me know your thoughts, thanks in advance for your time.

Good luck to all who are still waiting

[Casa]

You aren't subject to a ban purely due to an overstay if you applying to re-enter as a spouse.

[Mattcin]

Thanks for your reply, yes I will be leaving to apply for entry clearance as a spouse and I had only asked the case worker in the hope that she was going to confirm that. Thanks again.

[Casa]

Case Workers are never likely to give you a positive response. It's concerning that your immigration advisor gave the same advice.

[Mattcin]

You are so right, it is scary that this people helping us to decide about one of the most important decisions of our lives that's why I really appreciate any information and confirmation I can get at the moment, so thanks again.

[Casa]

Just ensure that when you do submit the application 'ticks all the boxes' leaving no margin for error, especially with financial and language evidence.

[Mattcin]

Will do, thanks. I have around 3 wks before I leave so I will be preparing my paper work soon but not submit until I am outside the Uk. I have taking my language test here while overstaying would that matter, you think? The certificate itself is from Trinity college, so I was told by the advisor that would be sufficient?

[Casa]

No problem with the test. I wish you well with everything.

[ronny23]

Hello everyone, just want you to know it may take 6 months to a year to get the visa, am not discouraging you, just wanted you to be prepared, am in it so I can tell you. My application was refused so we are appealing, my sure you have prove of relationship, that was why my was refused, so anything you can get to prove your relationship, pictures, call records, gifts, even the things you feel are ridiculous add them.

[Mattcin]

Hi again everyone,


Thanks Casa, I really appreciate your help and support, I hope it'll all work out in the end

Hi ronny23, really sorry to hear that, where are you applying from ? I will make sure I add everything, the only thing is working in my favour in this situation is that Home office stated in my refusal letter that they have sufficient evidence to confirm that my marriage is subsisting and genuine, I'm just going to make sure I send all that same evidence and maybe add some more photos, cards etc., also the fact that they had no problem with any of the docs I sent to them, but you are so totally right to point out the time scale, that is one of the things that still makes me nervous.I wish you all the best with your application.

[ronny23]

Hi Mattcin, am applying from Nigeria, the wait is not easy despite the fact my husband have visited, from what you said you are prepared, good luck.