Caramelo wrote: ↑Wed Dec 16, 2020 1:36 pm
I want to know whats the legal understanding
The legal position is that it is up to the Immigration Officer at the airport/border to make a judgment on your in-effect on-the-spot application at the border and they have a wide breadth of discretion in such cases.
If the Immigration Officer sees that you have a history of overstaying, then that application/decision can take a long time. So I would factor in a few hours at the airport if you plan to go down this route.
Caramelo wrote: ↑Wed Dec 16, 2020 11:16 am
I'm not sure I'm a prime candidate for overstaying, because I'm lawfully married to a British citizen, so surely I could just apply for a spouse's visa if wanted? It's her right after all,
You might not understand just how hostile the immigration environment is.
Just because your wife is a British citizen does
not give her an automatic right to have a non-EEA spouse join her in the UK. It is worth keeping in mind that any leave to remain in the UK is never a matter of right, but a grant of the Home Office.
Indeed, the requirements for non-EEA spouses of British citizens are so onerous (such as a Minimum Income requirement of at least £18,600 per annum, etc) that about 40% of the British population do not meet the requirements. There are thus many Skype-only families where the only chance to meet each other is over Skype or by travelling
out of the UK.
The fact that you have a British citizen family member (and that applies to many British citizens who have non-EEA parents as well) makes it
more likely that you will overstay (because the British citizen family member may support you while you live illegally in the UK) and thus increase the chances of refusal.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.