Wife over stayer before our marriage

[RedBlue]

Hi All,

We have just got married and my wife was an over stayer before our marriage. She was granted 6 months visit visa and mentioned that she was staying only for 20 days in her interview but ended up staying for 5 months. She then applied for another visit visa a couple of years ago and got rejected saying she did not return in 20 days. I'm a British citizen if I apply for her a dependent visa, will her past record jeopardise the current dependent visa. Pls advise. Any information will be of great help!

[noajthan]

Hi All,

We have just got married and my wife was an over stayer before our marriage. She was granted 6 months visit visa and mentioned that she was staying only for 20 days in her interview but ended up staying for 5 months. She then applied for another visit visa a couple of years ago and got rejected saying she did not return in 20 days. I'm a British citizen if I apply for her a dependent visa, will her past record jeopardise the current dependent visa. Pls advise. Any information will be of great help!

Congratulations.

Wife may be granted a spouse visa.
But don't take it for granted. Visa applications, just like marriages, take work.

[RedBlue]

Thanks for the reply. What are the chances for rejection? And is the a way I can't appeal for reconsideration. Thanks again

[noajthan]

Thanks for the reply. What are the chances for rejection? And is the a way I can't appeal for reconsideration. Thanks again

Nooone can speak of chances/%; we don't know your case and we are not HO/UKVI.

[Casa]

Much depends on how she spent her time in the UK. Did she use deception, work with false papers or use NHS facilities without paying for them?

When applying for a Spouse Settlement visa she shouldn't be refused under 320(7b), but if the above applies she could be refused under 320(11).

"ECOs need to consider whether it is appropriate to refuse the applicant under paragraph 320(11) of the immigration rules where the applicant has ‘previously contrived in a significant way to frustrate the intentions of the Immigration Rules.’

https://www.gov.uk/government/publicati ... b-and-a320

[RedBlue]

Thanks you all for your replies. No she has not used any public funds like NHS and Benefits nor did she work. Only thing she did is stayed more than 20 days(5 months) but within the validity of 6 months. She left before her visa expired. I don't even think she is an over stayer as she left before her visa expired.

[Casa]

If she left before her visa expired then she isn't an overstayer.

[RedBlue]

She mentioned in her visa interview that she will be staying only for 20 days.. but ended up staying for 5 months. I think it should be fine. She was refused a subsequent visit visa on those grounds.

[Casa]

Indeed, visitor visas are frequently refused when a previous stay as a visitor has exceeded the requested length of stay.

There's no reason for this to have any impact on a Spouse Settlement visa.

[RedBlue]

Thanks all for the valuable advice. Much appreciated. Thanks for taking time to answer all the question in this forums

[Casa]

You're welcome. Post again if you get stuck with anything regarding the application.