fiance has overstayed his visa, what r our options?

[bron]

Hi there

My Russian fiance has overstayed his UK student visa by a whole year. I am a UK citizen and we are wanting to get married this year and live in the UK. Do we have any chance? Even if he leaves the UK without them cottoning on to his expired visa, they would still pick this up when he tries to enter again, right?

He is considering telling the Russian embassy he has lost his passport, in order to obtain a certain document proving he is Russian, which he can use to travel back home without the over-staying being detected.

So basically, if we apply for a fiance visa in order for him to return, will the authorities be able to detect that he overstayed his previous visa? Is there any way for us to get around this?

Please advise and save me from a life of icy russian winters!

[theclawinorbit]

I have limited knowledge but I am going through a similar situation with my partner.

1) Getting married will not happen if you have neither a valid visa nor official correspondence from the Home office giving you permission. The registrars are now very strict on this unlike previous years.
2) Other advice I received indicates that whilst overstaying now, it would best to go home and apply for the appropriate visa to return. Settlement application carries different requirements to visitor visa so refusal of application possibly will not necessarily be based on the fact he overstayed previously.

Hope these observation help

[theclawinorbit]

post from another forum

We flew out from Heathrow Terminal 4 on Jan 13th and there was no passport check on departures. There was an "Immigration" desk there, with 2 guys stood in front of it, who were probably Special Branch. They didn't look at our passports

[Chedz]

The main criteria looked for by an ECO with regard to a visitor visa is evidence that the applicant will return home at visa end. Where as with a Fiance visa (which is a settlement visa) no evidence of this is required. So the fact that he has overstayed on a VV shouldn't make any difference to the likely success of a Settlement Visa

[bron]

Thanks for the advice guys! This is most helpful... If anyone else has personal experience or advice, don't hesitate to let me know!!

[Jeff Albright]

So the fact that he has overstayed on a VV shouldn't make any difference to the likely success of a Settlement Visa

Or to be more precise, a Category Leading to Settlement visa - WP, HSMP, business person, innovator, spouse, finace(e).
Just go ahead, get married in Russia, get him a visa and come back to the UK.

[John]

Just go ahead, get married in Russia, get him a visa and come back to the UK.

Totally agree.

For a spouse visa the form to use is the VAF2. I am not suggesting you would do otherwise but do ensure that it is completed accurately. Section 7 of the form has a number of questions relating to previous visas and visits to the UK. Accurate answers needed, but in fact those accurate answers should not cause a problem for your fiancé. After all for "7.7 Have you ever been deported, removed, or otherwise required to leave the UK?", it appears that the answer is No.

[Jeff Albright]

After all for "7.7 Have you ever been deported, removed, or otherwise required to leave the UK?", it appears that the answer is No.

John, I think the answer is "yes", because any overstayer is actually required to leave the UK. He will need to explain the situation and ask the Embassy what to put in the form. Covering this up will not be a very good idea, as the refusal may come up on the reasons of dishonesty.

[ppron747]

My view is that the phrase "otherwise required" refers to the situation whereby an individual is actively and individually told by immigration authorities to leave by a particular date, or within a particular time. In this context, I think "required" is being used as a synonym for "ordered".

I don't think an overstayer who leaves voluntarily without being specifically asked to is being required to leave. He's just leaving - like the guy who resigns 10 seconds before he gets dismissed, if you like...

[John]

Paul, I agree with your interpretation ... which means Jeff ... sorry I disagree with you.

That is, I think "required" is as Paul says at least someone saying ... get out by a certain date, or something like that. I don't think the mere expiry of the visa amounts to being "required" to leave.

[Chess]

My view is that the phrase "otherwise required" refers to the situation whereby an individual is actively and individually told by immigration authorities to leave by a particular date, or within a particular time. In this context, I think "required" is being used as a synonym for "ordered".

I don't think an overstayer who leaves voluntarily without being specifically asked to is being required to leave. He's just leaving - like the guy who resigns 10 seconds before he gets dismissed, if you like...

Agreed

In life sometimes you need to be economical with the truth!

[Jeff Albright]

Are you three really sure about it?

Well, it is good news, then. Because it applies to me, it is also good news for my Australian application where there was the same question. I will call the British High Commission to check this and also question it again with my Australian Agents and then post a reply to this topic.

Cheers to all.

[ilm]

We put 'no' on my wifes spouse visa application. She had an asylum application fail and then did not ever leave as she was not ever told to.

We did however document her history in the UK and provided asylum application documents/numbers etc and explained she was not ever told to leave, so we in effect justified our answer so even if the ECO thought differently he had all the information to make up his his own mind.

None of this was brought up in her interview and she received a visa.

[Jeff Albright]

Ilm

That's very helpful information - many thanks for sharing it!

best wishes

Jeff