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Overstayed, intending to leave UK voluntarily

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Walter108
Newly Registered
Posts: 3
Joined: Thu Aug 17, 2017 7:13 am

Overstayed, intending to leave UK voluntarily

Post by Walter108 » Thu Aug 17, 2017 9:19 am

Good day folks
I need advise please, I had a visit visa which expired February 2017 and I have overstayed by 6 months now. I met a lady we feel in love and we have both decided to go back home (Nigeria) to marry. We met April 2017 and hopefully we will both travel home April 2018 to get married( means I would have overstayed 14 months by April 2018).
Presently we do not live together,we don't have any children together, but she has 3 children from other men but not legally married to any of the men, children aged 7,13,18

Note: There is no evidence of us living together for these couple of months we met as I live separately.
The lady is British born, She works as a nurse and her annual income meets the Financial requirements 18,600 as stated on the UK home office website.
She lives in a 3 bedroom apartment with two of her children ages 7,13 years

What're my chances or things I can do now to increase my chances of getting a spouse visa to rejoin her after the marriage? or are there any other options for us to marry here in the UK? or any other option that can keep me here with her without having to go home?
Pls advise needed
Thanks.

Robstin2014
Member
Posts: 114
Joined: Wed Aug 09, 2017 2:24 pm
Location: London
United States of America

Re: Overstayed, intending to leave UK voluntarily

Post by Robstin2014 » Thu Aug 17, 2017 9:44 am

I cannot tell you the answer for definite but I can definitely give you some pointers.

Firstly, the fact that your partner has children of her own which are British citizens means that the salary which she earns can be no less than £18,600, and from what you've said, she does which is very good and should help you.

The main issue is that the UKVI will be wondering why you overstayed. If you can provide proof of why and why the duration as well then you have a higher chance of the UKVI being okay about it. If we cannot give a good reason for your overstay and the proof to back up the reason, you could find this rather difficult.

Walter108
Newly Registered
Posts: 3
Joined: Thu Aug 17, 2017 7:13 am

Re: Overstayed, intending to leave UK voluntarily

Post by Walter108 » Thu Aug 17, 2017 10:17 am

Many thanks Robstin2014
Really appreciate your response.
But is there any options I can access apart from travelling back home

hassanh
Member of Standing
Posts: 348
Joined: Thu Apr 03, 2014 12:20 pm
Pakistan

Re: Overstayed, intending to leave UK voluntarily

Post by hassanh » Thu Aug 17, 2017 11:43 am

Hi,

As she has other dependent children, therefore, income requirement should be higher than £18,600.

It should be £18,600 + £3,800 (for first child) + £2,400 (for each child after first child)

See link below:

https://www.gov.uk/uk-family-visa/proof-income

Thanks,
Hassan

Walter108
Newly Registered
Posts: 3
Joined: Thu Aug 17, 2017 7:13 am

Re: Overstayed, intending to leave UK voluntarily

Post by Walter108 » Thu Aug 17, 2017 1:23 pm

Hi Hassan thanks but it is clearly stated in the UK website "if children who aren’t "" But this children to be British citizens.
Many thanks for your response really appreciate

You must prove you have extra money if you have children who aren’t:

British citizens
EEA nationals
permanently settled
You’ll need to earn an extra:]
£3,800 for your first child
£2,400 for each child you have after your first child

hassanh
Member of Standing
Posts: 348
Joined: Thu Apr 03, 2014 12:20 pm
Pakistan

Re: Overstayed, intending to leave UK voluntarily

Post by hassanh » Thu Aug 17, 2017 2:24 pm

Apologise, I missed that bit.

You are correct, according to the statement there, she only needs to show £18,600.

I will leave it to senior members to confirm.

Thanks,
Hassan

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