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Overstayed visa and settlement application

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

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Sweetea1
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Posts: 3
Joined: Fri Mar 02, 2018 9:28 am
Ireland

overstayed visa , settlement application

Post by Sweetea1 » Fri Mar 02, 2018 9:31 am

Hi all,

I was hoping you could kindly educate me on the UK immigration process.

I met a guy recently and we are both looking for something serious (no committments/attachment yet).

He told me he overstayed his vistiing visa. However before his visiting visa expired, he applied for permission to remain; to which he was granted a temporary 6months visa to work with while they review his application- Is it true that they do grant such visa?

So he mentioned that he is currently working with tthe visa eventhough it has expired.

His application is still pending with the home office for settlement.

Now I would like to ask if any one has experienced it, if we get married (legitimately, because we both love each other), would he be allowed to stay in the country or would it be complicated?

I'm an EEA citizen and not british. Also I' am only asking this questions so I can make wise decision and not get stuck with a baggage I can't handle.

Sweetea1
Newly Registered
Posts: 3
Joined: Fri Mar 02, 2018 9:28 am
Ireland

Overstayed visa and settlement application

Post by Sweetea1 » Fri Mar 02, 2018 9:33 am

Hi all,

I was hoping you could kindly educate me on the UK immigration process.

I met a guy recently and we are both looking for something serious (no committments/attachment yet).

He told me he overstayed his vistiing visa. However before his visiting visa expired, he applied for permission to remain; to which he was granted a temporary 6months visa to work with while they review his application- Is it true that they do grant such visa?

So he mentioned that he is currently working with tthe visa eventhough it has expired.

His application is still pending with the home office for settlement.

Now I would like to ask if any one has experienced it, if we get married (legitimately, because we both love each other), would he be allowed to stay in the country or would it be complicated?

I'm an EEA citizen and not british. Also I' am only asking this questions so I can make wise decision and not get stuck with a baggage I can't handle.

Thank you

Jayjay2017
Newbie
Posts: 47
Joined: Sat Nov 25, 2017 9:56 pm
Nigeria

Re: Overstayed visa and settlement application

Post by Jayjay2017 » Fri Mar 02, 2018 6:07 pm

It seems unlikely that a person will be offered a 6 month temporary working visa when he had previously overstayed his visitor’s visa.

What visa category did he apply to in order to get settlement? Can you get some clarification on this?

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CR001
Moderator
Posts: 87859
Joined: Thu Mar 08, 2012 10:55 pm
Location: London
Mood:
South Africa

Re: Overstayed visa and settlement application

Post by CR001 » Sat Mar 03, 2018 3:48 pm

He doesn't qualify for 'settlement' which is ILR / PR.

What visa exactly was he granted for 6 months??

What application form was submitted to HO and is still pending??

There is no 'general visa becuase I prefer UK to home country' type of applications.

Also, in order to marry, you have to give 28 days notice at an HO approved Registry office (with your passports). This notice period can and likely will be extended to 70 days for HO to investigate/interview each of you separately before granting permission to marry.

How long have you been in a relationship?

Do you live together and if yes, for how long?
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

Sweetea1
Newly Registered
Posts: 3
Joined: Fri Mar 02, 2018 9:28 am
Ireland

Re: Overstayed visa and settlement application

Post by Sweetea1 » Mon Mar 19, 2018 12:11 pm

Hi all,

he mentioned his initial application was on the basis that he is dependent on his parents to whcih he has been asked to provide evidence.

So I guess this is an application to settle in the country? Obviously as an adult, he cannot be dependent on his parents.

I believe his application has been rejected so he will reapply on the basis that he has a daughter here?

I dont' want to get into a messy situation or where he gets deported and then I ahve to go through the cumbersome process to bring him back to the UK.

From what I read online, I dont see why the Home office will grant 6months working visa while they review an application to remain, considering he came here on a vistiors visa.

I look forward to your opinions and advise.

Thank you.

User avatar
CR001
Moderator
Posts: 87859
Joined: Thu Mar 08, 2012 10:55 pm
Location: London
Mood:
South Africa

Re: Overstayed visa and settlement application

Post by CR001 » Mon Mar 19, 2018 12:28 pm

So I guess this is an application to settle in the country? Obviously as an adult, he cannot be dependent on his parents.
He doesn't qualify for 'settlement' as this requires 5 years legal stay.

At the most he could get FLR(FP) based on a British child (if child is British) and this would be a 10 year route to 'settlement' or ILR.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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