Uk spouse application and previous overstay

[TripleJ]

Hello everyone,

If someone can advice me regarding this matter;

I'm applying for uk spouse visa and I'm really stressed out of filling the application form. The question is, do you ever voluntarily elected to depart the uk?

I overstayed my visit visa for 3.5 years. I came back to my country early this year and got married to my British husband. I came back to my country on my own expense.

I don't have any reference number from ukba hence I didn't apply to legalise my stay in uk.

Thanks in advance....

[KatieWills]

Hi TripleJ,

As I understand from my own research, the overstay itself does not result in an automatic ban when applying for a settlement visa. I believe that the ECO has to consider whether the overstayer ALSO attempted to "frustrate the intentions of the immigration rules" as detailed here:

https://www.gov.uk/government/publicati ... raph-32011

Quote from Part 1 in link : "It is not sufficient to have been in breach of immigration law or to be an immigration offender. There must be aggravating circumstances as well."

[Casa]

That's correct, but the overstay should be declared in the application. Withholding the information could be considered as deception.

[TripleJ]

That's correct, but the overstay should be declared in the application. Withholding the information could be considered as deception.

Hi Casa,

About my question regarding on the application form for spouse visa. "Have you ever voluntarily elected to depart the Uk?

I came back to my country on my own expense without informing uk border agency. I don't have any letter from them.

Shall I just say no? Coz if I say yes they need reference number to put in the form.

Thanks

[CR001]

You need to declare your overstay. HO will have a record of when you originally arrived and when you left. If you say no, then you are withholding information and that is deception.

Not sure what to say about the reference number. I would imagine it is not a compulsory field as wouldn't be applicable to everyone if HO wasn't aware of the person while in the UK overstaying.

[Casa]

I agree with CR001 and suggest you explain the circumstances in the 'any other information' section .