Marriage/partnership with overstaying overseas student

[sativa]

Hi All,

I do hope anyone with relevant experience or wisdom would care to advise.

I am in regular, close contact with an overseas (Jamaican) student.

Essentially, she arrived in 2001 on a visitors visa, and her initial request to switch from visitor to student was refused becasue the college submitted the forms late. The students trust of the college being the blame. Of course as a newcomer to the UK, you dont know who to trust.

Anyway, since 2001, she has continuously studied, and continuously had appeals, representations (by MPs and Solicitors) and re-applications served to the home office, each one refused. So to me this means she has a strong case for not fitting the "criminal" category whilst shes been challenging the refusals and gaining academic development.

She has been serverd with the ISxyz (cant recall the number 1415 or something) form which "stops the clock" of illegal stayer becoming legal resident after 14 years.

That is a brief history.

I am a UK citizen since birth.

As much as this sounds convenient, but i would like to know peoples thoughts, and possible outcomes of me wishing to become engaged and subsequently marry her. What would i do? what would she need to do?

Is there any other route as opposed to marriage?

Does the UK government, really have the right to decide whether i shall be able to marry my chosen one, and also cohabitate in the same country?. Im sure the Home office would frown at the thought since she is an overstayer, but what would i have to do to show that i wish to be wed. Is engagement in anyway useful.
Would she have to return to Jamiaca and reapply for spousal or dependent visa? would this be rejected cos of her overstaying and hence force a seperation and so on?

I do hope there is some experts by experience out there to advise.

Thanks in anticipation.

Any advice more than welcome.

[Wanderer]

She'll have to turn to Jam. mate, unless there are extreme compassionate circumstances, like terminal illness or such like. I think marriage is your only option.

Only fair to say rejection rate for Jamaican's is just about the highest, around 66% so it's up to you to make your case for marriage crystal clear and watertight with plenty of confirmable evidence, you really do have to show a lot of real proof.

I don't think there are anymore routes open to you, as anything other then a settlement visa is almost guaranteed a refusal. Does she qualify for a work permit or HSMP? Unlikely if she's a student but u never know.

Do you have Irish Citizenship too? There is a possible route there. Usually means you have an Irish Grandparent or where born in NI.

[sativa]

thanks for that,

i presume you mean she wont have to return if marriage process goes ahead?

Yes, I run an overseas education establishment, and have noticed that Jamaicans particularly get dealt with very badly by the home office.

Unfortunately, not irish and no irish decendants.

[Wanderer]

thanks for that,

i presume you mean she wont have to return if marriage process goes ahead?

Yes, I run an overseas education establishment, and have noticed that Jamaicans particularly get dealt with very badly by the home office.

Unfortunately, not irish and no irish decendants.

She'll have to return - there's no way around that that I can see. There's nothing much u can do with an adminstrative removal order like she;s got.

[avjones]

Does the UK government, really have the right to decide whether i shall be able to marry my chosen one, and also cohabitate in the same country?.

When that country is the UK, they most certainly do have that right! They can't stop you living in the same country if that country is other than the UK, though.

She sounds like a person who has made serial efforts to frustrate removal, in Home Office parlance, with constant applications and appeals.

Unless there are exceptional circumstances, she needs to return to Jamaica and make an application for entry clearance as a spouse (if you marry first) or a fiancee (if you don't). You need to put in a strong application, though, because there is likely to be a strong suspicion in light of her immigration history that this is a marriage of convenience.

[sudhy6]

Hi there,

I would strongly advise her to go back home quietly and then you join her in a couple of months and get married. When you present your application the British High Com there make sure you present a strong case that you are a genuine couple and that your marriage is not a marriage of convenience. Bring lots of photos of both of you, cards, letters anything to show that you been together for a long time and do want to legalise your status. dont put much accent on her history but at the same dont lie. I would also advise her to change her passport to that of her married name, that would stop the entry clearance officers from being prejudiced against her. Another thing pepare get her to prepare a statement to say how much she loves you and want to start your married life together and avoid all the hassle of all these years. I hope things go well for you. Good Luck and let us know how it goes.

[pat bollers]

Hello,

I know you don't want to hear this but be carefull, you sound just like my brother some years ago (please check my story 30th September 07). Too many coincidences in your story, there is a reason why that country has a high refusal rate.

Be carefull and don't become a victim.