Overstay marriage and Visa application

[raimondo]

Hi there,

I hope you can give me some advice. My partner came to England from Brazil a few years ago on a spouse Visa. I think it was November 2009 that they divorced, meaning his visa expired with immediate effect.

At this time, I was pregnant with his baby. We moved in together in October 2009, and have been living together ever since. Our child is now 8 months old. We obviously want to get him another visa, and have been advised by a solicitor to apply for a marriage licence and once married return to Brazil to apply for the spouse visa. My partner is worried that once in Brazil, his application will be refused.

Prior to his visa expiring he had been working in the UK and paying taxes. He can get another job offer to support his application. I own a flat with only a 50% mortgage, and have a few thousand pounds in savings. I do not currently have a job, but am self-employed doing bits and bobs of work, which is enough to live on. I am not on state benefits of any kind.

Can anyone tell me if the fact he has overstayed will go against him? Also, will we be granted the marriage license? And if I don't have a permanent job, how much do I need in savings? DOes the fact I paid £100,000 deposit on the flat count as a good asset?

Please advise, as my partner is really scared of going back to Brazil. Thank you very much.

[Tahir Bashir]

Hi there,

I hope you can give me some advice. My partner came to England from Brazil a few years ago on a spouse Visa. I think it was November 2009 that they divorced, meaning his visa expired with immediate effect.

At this time, I was pregnant with his baby. We moved in together in October 2009, and have been living together ever since. Our child is now 8 months old. We obviously want to get him another visa, and have been advised by a solicitor to apply for a marriage licence and once married return to Brazil to apply for the spouse visa. My partner is worried that once in Brazil, his application will be refused.

Prior to his visa expiring he had been working in the UK and paying taxes. He can get another job offer to support his application. I own a flat with only a 50% mortgage, and have a few thousand pounds in savings. I do not currently have a job, but am self-employed doing bits and bobs of work, which is enough to live on. I am not on state benefits of any kind.

Can anyone tell me if the fact he has overstayed will go against him? Also, will we be granted the marriage license? And if I don't have a permanent job, how much do I need in savings? DOes the fact I paid £100,000 deposit on the flat count as a good asset?

Please advise, as my partner is really scared of going back to Brazil. Thank you very much.

Overstaying is not problem. Investment in flat will assist in regard to accommodation requirement, that is all. In regard to your savings, depend how much they are to negate the requirement of job (I don't want to know). Otherwise a long term/permanent job will be good.

You haven't married with him, do you? Also you state: "I think it was November 2009 that they divorced, meaning his visa expired with immediate effect."
What does it mean?

[rani111]

I am not sure I can help but am in somewhat a similar situation. I met my partner in 2007. He had already overstayed for a year by then. He moved into my home Dec 2009. Was advised by a lawyer (not good) to apply outwith the immigration rules on human rights. Of course the ECO refused. The only option open to him was to return to pakistan within the 28 days. I flew over an married him. We have submitted a spousal visa and are awaiting a result. I was advised by two lawyers. One in UK and another in gerry's pakistan that this was his only route. Overstaying itself may not be a problem but of course the ECO officer can refuse if he wishes based on that. If he finds anthing not right or if they do not believe in the relationship. I own half my property, have a very good job with a good salary, all my paper work is in order and original. I do have an overdraft but also have savings and he has a job offer in the uk and also £5000 wedding present. You need to seek good immigration advice. I am not sure if having a child will make a difference. i doubt it. They do not make a precedent of u getting to stay if u marry in the uk and in fact the register office will notify the border agency. my understanding is that they look more favourably if u go home. With regards the fact he already married and divorced within his limited leave to remain. ? Then entered into a new relationship I am not sure how the ECO will view that. At end of day the ECO has to make a judgement. Overstaing itself is not a bar provided you meet all the criteria and your partner has no criminal record etc. I wish u the best of luck. Keep me updated what u decide to do. If my partner had got caught and deported he would of been banned for 10 years. if he had not paid to go back himself within the 28 days of being refused leave to remain he would of been banned for one year. There was no way our relationship could of continued if he had not gone back as this was the only way for us. meanwhile he is in pakistan. Extremely distressed. phoning me constantly. worrying. but in a spousal case u always have a right of appeal and they cant refuse u forever. get advice from a good immigration solicitor. There is always the worry they may never get back but the alternative of being caught. and they now know his visa is cancelled is worse. I'm only talking from my own experience and what i was told. not sure re the baby. it will put him in a stronger position im sure. For my case i have an older son and there is no way we can live in pakistan as he is sitting exams etc and going to uni. Good luck x

[raimondo]

Tahir,

My partner's visa was a marriage visa, so I think I am right in saying that when they divorced his visa expired. It is good to know that overstaying won't be a negative.

We have been advised to get married in England, but as Rani says, that could cause a problem in itself. The lawyer seemed confident that if hte Home Office inform the Border Agency during the marriage application process that it won't be a problem, and he will deal with it. My partner knows someone in a similar situation, and they were allowed to marry on the proviso that he left the country immediately after the wedding. This would be fine.

Rani, I am not sure if the bans that would have applied to your husband would also apply in our case. I can only assume not, as the lawyer would have advised us to go to Brazil and apply for a fiance visa only. He prefers us to be married, as the visa application is much quicker. I hope you have some good news soon, and I plan to investigate further. If anyone else has any insight that'd be great. Thank you

[mochyn]

The visa does not expire when the divorce comes through.It will carry on until its expiration date and then ILR will not be granted.Then he will be expected to leave the UK