Question please help!!

[sabah84]

Hi I just need a simple answer to a simple Q...

I am applying for a Uk spouse Visa. Will a previous overstay in the UK affect my application?? say if the overstay was for a good 3-4 years. Will it refuse my application????? I am applying from USA and my hubby is in UK, we been married nearly 5 years.

[batleykhan]

Yes it is possible that your application can be refused on the basis that you overstayed your stay.They do however take a number of other things into consideration before saying it outright that they are not prepared to give you a visa

[Casa]

If it's an overstay with no illegal entry or false documents or use of NHS to which you weren't entitled, then you can't be refused purely for the overstay if you're applying for a spouse visa. You do however, need to make sure that the rest of your application is 100%, as it will come under a great deal of scrutiny...which is what Batleykhan is saying I believe...they'll be looking for something which will warrant a refusal.
You need sound finances, adequate accomodation and proof that the relationship is genuine...and both over 21.

[sabah84]

The Overstay was about 4 years. I returned to the US because my dad was seriously ill & passed away. During this time, I lost my passport in the stress and hard time. I didn't have any problems returning to UK. I was prepared to answer any questions regarding my previous overstay, but was not asked anything. I dont even think my passport was scanned. I then returned to US recently in May this yr while still on my 6 Month Visitor Visa, and had a return ticket for May 3, but was refused entry. Because of my previous overstay. I 100% understood this and was aware it might have happened, but since I was on a new Visitor Visa, I didn't think there were going to be any problems. This might be wrong, but its the honest truth.

I didn't have any false documents. I did use the A & E during my overstay period in emergencys a few times. And during my 6 Month Visitor Visa recently, I registered with a doctor. I don't know if this is allowed. I was not aware of any rules regarding this...

My husbands finances should be ok. He is providing an employee letter and payslips. Has only been working there for alittle over 2 months, so he will provide as much as he can. Also, he's been recently promoted so pay rise will show in payslips... will this be sufficient? His pay at the moment is about 1000/monthly. GB Pounds.

Other then this, we have strong evidence in regards to accomodation and relationship/genuine marriage.

He is paying 500/month rent, 100 for both electric and water together (this was the figure during the time I was there), and tax 100/monthly. I think our budget is right at the edge if not lower then the requirement. Might need to work on that...

What do you think?

I appreciate all your help x

[meats]

Hi I just need a simple answer to a simple Q...

I am applying for a Uk spouse Visa. Will a previous overstay in the UK affect my application?? say if the overstay was for a good 3-4 years. Will it refuse my application????? I am applying from USA and my hubby is in UK, we been married nearly 5 years.

Were your questions not answered in the overstay letter thread you had going on last night?