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Overstayed 2 years and now getting married in Ecuador

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

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Carito
Newly Registered
Posts: 2
Joined: Sat Jun 07, 2008 11:39 pm

Overstayed 2 years and now getting married in Ecuador

Post by Carito » Sun Jun 08, 2008 12:08 am

hello, I would like to ask about the likelihood of getting a visa to return to the UK as the wife of Spanish person. This is my case:

Came to the Uk when i was 14, had 2 student visas till i was 16. Let my visa expired, but before my 18th birthday i submitted an application to the Home Office: applying for indefinite leave to remain as a dependent child (a british uncle sponsoring me). I am now 20, and never received any reply from that application.

I know intend to leave the UK and marry my Spanish husband in Ecuador. meaning that i will withdraw that application i made before i was 18.

Will it be extremely hard to get a visa(family permit ) to return to the Uk because of my record ?????

Hope to get some advice.

vinny
Moderator
Posts: 33285
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Sun Jun 08, 2008 1:14 am

You also have to convince them that your marriage is not a marriage of convenience.
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Carito
Newly Registered
Posts: 2
Joined: Sat Jun 07, 2008 11:39 pm

Post by Carito » Tue Jun 10, 2008 1:28 pm

I have just withdrawn that application from the Home Office, I bought my own ticket and said to them that i am leaving next week. I was told that I will be removed and that they will hand me the passport at the airport.

Being removed..is it really bad when applying for a visa to come back ? and will they question me at the airport ??

I am scared!!!

vinoth7007
Newbie
Posts: 31
Joined: Sun Jun 08, 2008 12:56 pm

overstaying

Post by vinoth7007 » Tue Jun 10, 2008 7:03 pm

Please read section 7B in the link below which might be relavant to you. If you leaving voluntarily the period after which you may reapply is shorter than if leaving at the expense of the state

http://www.ukba.homeoffice.gov.uk/polic ... les/part9/

I am not an immigration expert so may be if the above doesnt help you may wait for a response from more learned seniors in this forum

good luck
vinoth

chibage
Junior Member
Posts: 75
Joined: Mon Sep 10, 2007 4:10 pm

Post by chibage » Tue Jun 10, 2008 7:52 pm

26.17.6 The 17 March concession and establishing voluntary departure
The concession only applies to voluntary departures. It does not apply where the applicant was removed or deported from the UK.

Remember that making a decision to remove a person (Form IS 151B), or issuing a notice identifying him as an immigration offender (IS 151A part 2) does not in itself mean that the applicant has been removed from the country. It is perfectly possible for someone to leave the country voluntarily after a decision has been taken to remove him. You therefore need to be satisfied on the balance of probabilities that the applicant was actually removed before deciding that the concession does not apply to

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