IS151A and Spouse Visa

[sidraghava]

I have been served with an IS151A on my last trip to the UK. I had overstayed by about 2 years and am planning on re-entering the UK on a Spouse/Marriage visa. I have been with my fiance for the last year and a half. What sort of chances do I have?
The Facts:
She's British, I am Indian, I am a qualified stockbroker and she works in a law office. So no financial problems as such. I arrived back in India just last month.

[antontony]

Hello,

Should not be a real problem if you could prove that you both meet the requirements under your respective visa.

The BHC may possibly delay your application and request your file from the HO before granting you a visa.

Hopefully, you do not have any convictions in the UK ?

[sidraghava]

Dear Anthony,

Thank you so much for your prompt, reassuring advice. I do not have any criminal cvonvictions but they do know I worked illegally for two years. Does the serving of IS151a automatically encompass this aspect of the situation? And how long could the procedure take conservatively i.e. looking up home office records etc? Thank you immensely once again and hope to hear from you soon

[ppron747]

This topic may give you some encouragement, sidraghava

[Jeff Albright]

The difference between your case and the case you have been referred to is that you are an overstayer but the person in that tread was a failed asylum seeker.

Just be aware that there is a rule 320(11) that says that the entry clearance should normally be refused if you have failed to observe the time limit attached to a previous leave to remain. That rule applies to you but not to a failed asylum seeker.

As your application has a human rights aspect in it that may drive a decision in your favour. You need to ensure that you prepare all the documents spic and span.

They may refer your application to UK Visas in London for decision, which may take some time.

Good luck and keep us informed on developments

[sidraghava]

Will keep you posted.