FLR (M) visa question

[RomanCandle]

Hello all

I have been on here in the past and find that you give good advice. So was wondering if you could help me.

After receiving my fiancée visa, we now find ourselves planning a wedding...no rest. At least it's fun planning now!

I will be getting married on 11 December and I have already booked my in-house appointment for the 16 December at Solihull. My fiancée visa doesn't expire until March, so I have plenty of time.

I just have a question:

I do have overstaying in my past. It's nothing too serious (not like overstaying by 10 years of anything), only 2 months.

Here is what happened:

I came on a dependency visa as my father was offered a job here in the UK in 2004. In 2008 we had to leave as his job was ending. My visa ended a few months before the rest of my family because for some reason me being of age (19 at the time), they didn't want to issue me a full year's visa, only 6 months. So my visa ended in September, and my family's visa ended in December. My father called immigration and asked if it would be alright if I stayed until December and left with the rest of my family, as I didn't have anywhere else to go.

They said it would be fine for me to stay until December and then leave with my family. When I left the country, no one asked me about my overstay and gladly handed my passport back to me. I came back to the UK on a visitor visa when March rolled around...and they let me into the country without any problems. Also I was granted a fiancée visa in September, and again I mentioned the overstay and got the visa without any problems.

But I just want to know if I have to mention it again when applying for the FLR (M) extension visa? Or whether it might be held against me again? Will they refuse you when you go for an extension (FLR (M)) after already let you in the country with a fiancée visa?

Thanks in advance for helping.

[vinny]

Previous overstaying shouldn't affect your switching. You should fill in the form FLR(M) truthfully. You may switch as soon as possible after marriage.

[RomanCandle]

I guess my other question is: is my application considered straightforward with overstaying in my background? Or will I need to send it in vis post?

I've read somewhere that they can only do straightforward applications in-house on the same day. I already have an appointment though - just don't want to lose my money.

[ElenaW]

I guess my other question is: is my application considered straightforward with overstaying in my background? Or will I need to send it in vis post?

I've read somewhere that they can only do straightforward applications in-house on the same day. I already have an appointment though - just don't want to lose my money.

I believe an overstay is not straightforward. Your best bet is to do a postal application.

[RomanCandle]

I believe an overstay is not straightforward. Your best bet is to do a postal application.

Does that mean I just cancel the appointment, or do I lose the money?

[RomanCandle]

I just found this on the Home Office BA website:

The offices cannot consider any cases that are not covered by the immigration rules, are complex or made by someone who has a poor immigration history. These applications must be posted to the address given on the application form.

When you apply for a fiancée visa, overstaying is covered by the immigration rules under 320 (7C) - is says that overstaying doesn't apply to spouse/fiancée visas. Right?

[ElenaW]

Roman,

I'm not quite sure if you lose the money but I think the best thing to do is give them a call and find out. I've been told that "not complicated" means that there isn't anything out of the norm and your application is straight forward without any immigration history complications.

Overstaying is not grounds for refusal for a spouse/fiance visa, correct.

[Casa]

Refusal of FLR(M) when switching from fiance visa is rare. If the overstay had been a problem, you wouldn't have been issued with the visa to enable you to marry and switch to spouse...or in fact the previous visitor visa.
I'm not an Immigration Advisor, but in my opinion (only an opinion) I think you'd be fine.
Check the FLR(M) form...unless I'm mistaken, I don't believe it asks about past immigration history.