Girlfriend overstayed visa, is spouse visa viable?

[Trainstop]

Hi all,

I'd love to get some advice or a reality check on whether a future together is possible. I have done some research and understand that rules have changed a lot recently.


Situation:
First met my girlfriend 8 months ago, we started seeing each other 4 months ago.
She's overstayed student visa around one year.
She came to UK three years ago.
She struggled to pay for her studies and had been together with her ex for a year and they broke up two months after her visa expired. I believe her ex had a large influence on her making the mistake of overstaying and the breakup is likely to have escalated her mistakes but I know this holds no grounds from a legal standpoint.
She is from Vietnam
Her father passed away four months ago as a consequence of alcoholism
Her mother lives in Vietnam
She speaks decent English
I have a comfortable wage and a professional occupation.
We have never lived together but have been considering it.

Possible ideas:
Spouse visa but from what I have read, this seems difficult - I have read sources which say she can voluntarily leave UK and they won't note her as an overstayer but other sources say it will be noted, can anyone confirm?
She seems to think it is possible for her to apply for a refugee visa but I have limited knowledge on this

If anyone can shed some light on what we can or can't do, that would be much appreciated.

Merry Christmas

[Casa]

Your girlfriend won't be able to apply for any other category of visa from within the UK. Are you considering marriage?

The definition of 'refugee' is a person who has been forced to leave their country in order to escape war, persecution, or natural disaster. Does this apply to your girlfriend

[Trainstop]

Thanks for the quick reply Casa and the explanation of criteria for refugee.

I would consider marriage if it has a large probability of working. I've read advice saying it's better/essential for her to go back to her own country to get married there but her friends have told her if she leaves, it's too difficult to return. I think the overstaying part will have a large impact on the success rate?

[Wanderer]

Thanks for the quick reply Casa and the explanation of criteria for refugee.

I would consider marriage if it has a large probability of working. I've read advice saying it's better/essential for her to go back to her own country to get married there but her friends have told her if she leaves, it's too difficult to return. I think the overstaying part will have a large impact on the success rate?

There's no option, overstaying will only end up in deportation which would make it very difficult to return.

There's always a price to pay.

[Obie]

Have you tried to get to know this lady and ascertained if she is the one you wish to spend the rest of your life with and if the feeling is mutual?

Why does she want to claim.asylum? Is she at risk of persecution in her home country?

[Casa]

If you marry outside of the UK and apply for a Spouse Settlement visa, she shouldn't be refused under 320(7b) of the Immigration Rules, but she could face a refusal under 320(11) if any of the reasons for 'frustrating the intentions of the Immigration Rules' apply.

Read through the link:
https://www.gov.uk/government/publicati ... raph-32011

[Obie]

In my experience, they do not tend to impose 320(11) in case of overstaying unless there is something more to the case.

[Casa]

In my experience, they do not tend to impose 320(11) in case of overstaying unless there is something more to the case.

Obie, that's why I suggested the OP check through the list of reasons to refuse under 320(11).

[Obie]

In my experience, they do not tend to impose 320(11) in case of overstaying unless there is something more to the case.

Obie, that's why I suggested the OP check through the list of reasons to refuse under 320(11).

No Casa I was not suggesting you said something wrong. In fact you were correct in setting out all the possible options in relation to refusal.

I was trying to make the point that even though it has not been used in overstaying in matters I personally know, I have heard of cases where it has.

[Trainstop]

Again, many thanks for all the replies no matter how upsetting they are to hear.

She never had any problems with the police or any of the aggravating factors as far as she is aware.

She could not afford the school fees and her family in Vietnam were in debt. We know this is not an adequate reason but we hope this would help some way towards explaining why she overstayed.

We do want to be together but due to my job and family, it is not viable for me to move to Vietnam. I work as an actuary and am currently undertaking exams which are relevant only to the UK industry.

Ultimately, we have not been together significantly long but we are sure we want to be together. If however, it turns out the chance of a realistic future together is close to zero then we'll have to reevaluate our relationship.

[Casa]

Providing there is only the issue of the overstay and you are able to meet the minimum income level of £18,600 p.a if you marry outside of the UK you should then be able to apply for a Spouse Settlement visa.
You will also have to submit evidence of a genuine relationship, adequate accommodation and your wife will need A1 level English from a Home Office approved test provider.

https://www.gov.uk/uk-family-visa/partner-spouse

[giramondo]

Dear Trainstop,
Did your girlfriend know she was overstaying? or did she not "know" until the visa expired?