Fiance Has Overstayed. Going Back To Nigeria. Implications?

[OA567]

Hello,

My Fiance has overstayed her visiting visa. She applied for settlement before she met me. She was denied settlement, and, was not given Right of Appeal.

I am getting my ILR (in a few months). Capita (on behalf of UKBA) has requested that she buys a flight ticket, and leave the country.

1. Her Passport has expired, and Capita has given her a letter to take to the Nigerian Embassy to obtain a new passport - speedily.

Question: What is the consequence, please - for her when she wants return to the UK?

2. When she wants to return to the UK, will a re-entry ban be applied to her? Thus, preventing her from returning?

- If yes (is the answer to the question above), how long EXACTLY would the re-entry ban be for ?

-Does anyone please know of a similar case as this one, and, how it was or has been resolved successfully ?

- Does anyone know of any reliable lawyer within Nigeria that has handled cases like this successfully ?

Thank you very much.

OA567.

[Obie]

How could someone from Nigeria be able to deal with a case like that, which involves UK law.

Will you be applying for ILR, and are your current earning above 18,600 at present.

When is ILR expected.

Depending on the circumstance, A320 may prevent a ban from been effected or effective, if the application is for a spouse visa.

[OA567]

Hello Elder Obie,

Thank you for the response.

My earnings are well above £18,600 at present.

I am expecting my ILR next year - January, 2015.

What is an A320, please?

PS: I honestly thought I mis-read that!! I thought it was the name of an Express way

Many Thanks!!

[ronny23]

Hello, I also overstayed in uk, I returned home , got married and I applied, believe me it is not easy, she should be prepared although I never applied in the uk, I been in Nigeria for over a year now and I still waiting for court date which is in April, that is my own experience am one of the unlucky ones, if you seek my advice from my experience tell her not to come home, no matter how honest you are they still what to delay you, they don't care they will delay and frustrate her if they have the chance to.

[GodGives]

let your fiance apply for FLR(M).... partner of a british citizen

[Obie]

What is an A320, please?

PS: I honestly thought I mis-read that!! I thought it was the name of an Express way

Many Thanks!!

A320 ensures that spouses of British or settled person do not face a ban for overstaying or deception, when they make as spouse or partner of a settled person.

[OA567]

Obie,

Many Thanks for the post.

Under what "specific" circumstance would an A320 apply, please?

Also, please, if you know of any successful case(s) when it has been applied, kindly let me know the circumstance, and other details that can be used in our case....