Overstayer , how to return to U.K ?

[steajames]

My girlfriend, Ugandan, myself British, she had visa for holiday, overstay some 5 years, we lived together during that time, she recently went back to Uganda, where do we stand regarding her coming back to settle/marry ,options, course of action please ? help ! THANKS.

[Chess]

Oli Otya Steajames?

If your girlfriend is returning to the UK in a category leading to settlement such as work permit, marriage etc then previous overstaying should not prejudice her return to the UK.

However, if she was to apply for any short term stay Visa such as Visitors or Student; this would lilely not be granted as she did not abide with her previous visa conditions.

If you are going for the marriage route make sure the paper work is thorough as Kampala BHC is extremely stringent!.


Also if going the marriage route - dont be afraid of disclosing previous overstaying

Good Luck

[avjones]

Oli Otya Steajames?

If your girlfriend is returning to the UK in a category leading to settlement such as work permit, marriage etc then previous overstaying should not prejudice her return to the UK.

Not necessarily now the case, I'm afraid - ECOs have started refusing under para 320 for previous overstaying.

[steajames]

Thanks all, would it be worthwhile for the application if i were to visit and marry in uganda or wouldn't it have any bearing on the matter ?

[steajames]

Please, what would our best options be regarding returning to u.k to settle, i understand she applies in Uganda, is it worthwhile me being present? thank you.

[Administrator]

.

I'm not an expert in this area.

Based upon my readings in this forum and in other places, if you marry her in Uganda (or some other country), you should have little trouble applying for a spouse visa to bring her to the UK. Most religions/churches are recognized, unless it is something pretty 'offbeat.'

Documentation with the civil government is critical.

When she left after such an overstay, what sort of documents did she receive from immigration? What marks in her passport? Was she deported?

You've given us very few details to work with, here. When did she leave the UK?

the Admin

[steajames]

went back on own accord with new passport, no problems upon departure.

[MikeKorea]

Thanks all, would it be worthwhile for the application if i were to visit and marry in uganda or wouldn't it have any bearing on the matter ?

Steajames,

With respect to Chess and Administrator their replies are consistent with way the rules were applied in the past, but I think it's fair to say there is a belief that the application of these rules has changed in the last few months. In other words, there has been a conscious policy shift and ECOs have been instructed to refuse on the basis of 320(11) - overstaying. My case is similar to yours and I posted my experience here:

http://www.immigrationboards.com/viewtopic.php?t=20604

You may also wish to read the following threads about overstaying if you haven't already here:

http://www.immigrationboards.com/viewtopic.php?t=20370
http://www.immigrationboards.com/viewtopic.php?t=20713

I really want to wish you luck but just be aware that the odds may be really stacked against you at this point as things currently appear to stand.

Mike