A1 English language exemption-UK BSc and MA as overstayer

[Favoured25]

Hi,

I am applying for a Spouse visa for my husband. He was an overstayer (overstayed his multiple entry visitor visa which expired in 2015) and thus obtained his degrees unlawfully. We met in 2014 while he was in the UK as a masters student (paying home fees) and have been in a relationship since then. We both went to Nigeria to get married at a registry last month (we will do the church wedding once he is back in the UK). I am now back in the UK and would like to start the app process. We have all the necessary docs, and I meet the financial requirements. I have a few questions...

1. Is he exempt from the English language requirement as he has both a UK Bsc and MA, eventhough he was an overstayer?
2. He is actually currently doing a PhD in the UK (started this in 2016) and still has student status while he is in Nigeria, will the HO contact the university if he discloses this? Should we even disclose the PhD?

Thank you in advance for your help!

[kamsi]

Your spouse should just do the English language test instead of disclosing that he had studied in the U.K. and paid home student fees when he was not entitled to. Disclosing these facts will be like opening a can of worms. Let the sleeping dog lie.

[Favoured25]

Your spouse should just do the English language test instead of disclosing that he had studied in the U.K. and paid home student fees when he was not entitled to. Disclosing these facts will be like opening a can of worms. Let the sleeping dog lie.

Thank you so much for replying!
However, wouldn't the Home office do checks to see whether a person is working or studying illegally? Particularly as he is an overstayer? I'm worried that if we do not disclose his current studies they may say he deceived them.
Thanks for your help

[CR001]

You must be honest when dealing with HO. They will also likely already know that your partner overstayed.

[Favoured25]

You must be honest when dealing with HO. They will also likely already know that your partner overstayed.

Yes, they most likely do know as he has a sibling who he cares for (who has autism) who is an overstayer and received social care. But since my husband left of his own accord and expense and he is applying as my spouse we will avoid any ban for overstaying.

There is no where in the form however that asks about what you have been doing in the UK so how can we mention his PhD and previous degrees? Although there is a question that asks what your employment status is (and student is one of the options).

His case is quite complex because he hasn't worked illegally only studied and paid fees with the support of myself and his family. We just want to regularise his status so he can come back.

Also I wanted to ask, the solicitors we were with lost his old passport. They have written a letter explaining this. Will this be sufficient for HO?

Thank you so much, your advice is a great help!

[seagul]

HO loves the weak points especially relating to past of applicants. So showing wrong circumstances for home student fee will never be overlooked and more likely linked to future application. They don't care any innocence in such matters.