Can an overstayer get an unmarried person visa in uk??

[claraluh]

Hi Everyone, first of all I am posting this thread on behalf of a friend that doesn't speak english well and asked me to help.

My friend is a settled person in uk, He has been living with his partner for around 3 years in UK but his partner is an overstayer that has come to uk on a tourist visa and decided to stay a little longer because of their relationship.

They can proove they have lived together for over 2 years.

What options does my friend have to get his partner a visa? Can they apply as unmarried couple or does the partner has to go back to apply from her country? They can not afford much so they wanted to find out the best way to do it.

I would really appreciate any help given!!

Many Thanks.

[Casa]

They will have to go back to their home country and submit an application from there. 3 years overstay is a considerable length of time on a 6 month visa. In order for the application to succeed the sponsor must be earning a minimum of £18,600 per annum. Hopefully she hasn't used NHS facilities without paying, or worked with false documents as this will complicate the application and could result in a 12 month ban.

[claraluh]

The sponsor can show more than the income required, the fiance hasn't worked on false documents or used the NHS. She has registered with a GP though, does it complicate the process??

If she doesn't get a stamp on the passport when she leaver uk, will they know she overstayed??

[Wanderer]

Was treatment received from the GP ever?

Aside from that and if there are no kids involved I don't think the person in question has any option to return home and apply properly.

[claraluh]

She had an appointment with a nurse I think when she registered long time ago, but not treatment. ( I don't know what can be considered a treatment?)

Will they know she overstayed if she doesn't have a stamp on the passport?

[MPH80]

Sounds like the application will be fine given what you've put.

She should return home, gather the relevant proof (english language, financial), make the application and then return legally.

M.

[claraluh]

Thanks a lot everyone!!

So, there is no option to apply form Uk?? They should definitely apply from back home??

Do you know how long is the process if they get married there and apply as spouse instead of fiance??

[Casa]

Whether or not she has a stamp in her passport, she should in no way submit false information. Bear in mind that during her time in the UK she will no doubt have left an electronic footprint, especially with 3 years of overstaying. She won't be refused due to the overstay but she would face a lengthy ban for falsifying her application.
Without children, no other option. An application outside of the Rules would stand little or no chance and could take several years while she waits 'in limbo'. Marrying in her own country and applying as a spouse would be the cheaper option. A fiance visa requires two application - one to enter and another in the UK following the wedding for a spouse extension, meaning two fees instead of one for a spouse visa.

[claraluh]

Thanks a lot for the information Casa. Do you have any idea how long does it take the spouse visa process from abroad?? Thanks

[MPH80]

Anywhere from 2 weeks to 6 months. Varies by location.

[Casa]

MPH80 is right. Where will they be submitting the application?

[claraluh]

From Belgium

[MPH80]

Belgium is currently reporting 100% completed settlement visas within 60 days.

But if they can apply from Belgium - what's their nationality?

[claraluh]

She has a Belgian Residency, Her family lives there.

[claraluh]

Does anybody know if they can get married in uk?? If possible they could marry here and then go to Belgium to apply as spouse, is it possible??

[MPH80]

It is possible yes. They just give notice like anyone else. Legally UKBA cannot stop someone getting married.

However, the registrars are told to be on the lookout for anything that looks like a marriage of convenience - e.g. something that is false just for immigration purposes (not that your friend falls into this from what you've said).

They might, therefore, report it to UKBA and your friends find them waiting for them on the day of the wedding.

However, this is unlikely given the nature of their relationship. But it is worth keeping in mind.

M.

[claraluh]

Yes, Someone told us about that, it happened to a friend's friend's wedding. They have a genuine relationship of 3 years that they can prove it's completely genuine, what happens if UKBA turns out at the wedding then?

Thanks again for your help!!

[MPH80]

Potentially taken into holding. Gives her the right of appeal or she can leave the UK voluntarily.

Being deported won't, in itself, result in a ban for a spouse visa - but the combination of the overstay and that might result in the rule 320(11) being invoked on her application - which is a discretionary ban for people who don't fall under another category and have broken a number of rules of immigration.

So the simplest, legal, way of dealing with this is for her to return to Belgium. Her and bf marry there and apply for a spouse visa - or she can take the risk.

M.

[claraluh]

I understand!!

Thanks a lot MPH80 for all the information provided, helped a lot!

[shahfurqan]

HELLO ALL PLEASE HELP,
I HAVE RECEIVED MY SAR AND AT ONE OCCASION IT ONLY SAY INVALID APPLICATION BECAUSE OF WRONG VERSION OF TIER 4.
DETAILS ARE AS FOLLOWS.
TIER 4 WAS EXPIRING ON 30 SEPTEMBER 2008
EXTENSION APPLIED ON 17 SEPTEMBER 2008
PAYMENT CLEARED ON 24 SEPTEMBER 2008
IT WAS DECLARED INVALID ON SAR(MINUTES SHEET ON 25 SEPTEMBER
I RECEIVED ENTIRE RETURN APPLICATION ON 08 OCTOBER 2008
I APPLIED AGAIN ON NEW FORM ON 13 OCTOBER 2008 AND THIS IS THE SAME DATE ON SAR REPORT AS RAISE DATE
TIER 4 VISA GRANTED AS ON 01 JANUARY 2009
MY WORRYING:
I AM ABOUT TO APPLY FOR ILR UNDER 10 YEARS CATAGORY AND ALL OTHER REQUIREMENTS ARE ALRIGHT BUT I AM NOT SURE DO I STILL QUALIFY OR DO I COME IN OVERSTAYER CATAGORY AS I APPLIED IN TIME AND RE APPLIED WITH IN 28 DAYS.
THANKS IN ADVANCE FOR REPLY

[claraluh]

I'm sorry friend but you are posting on the wrong place, you should open your own topic and maybe people will help you there!!