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Spouse Visa Extension (previous overstayer)

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Nightman22
Newly Registered
Posts: 13
Joined: Sat Aug 04, 2018 4:03 pm
United Kingdom

Spouse Visa Extension (previous overstayer)

Post by Nightman22 » Thu Dec 30, 2021 1:40 am

Hi.

I am about to apply for my first extension for my Spouse Visa and since everyone was so helpful previously with my tricky situation I was wondering if I could ask a few questions again.

I was an overstayer until 2018. Returned voluntarily to South Africa and applied successfully for a spouse visa to return to live with my husband who is a British citizen.

On the application it does ask the question have you overstayed a UK visa.
Obviously the answer is yes if they are referring to previous visas and not the current one. Also I would have previously lived in the UK etc.

My question is am I answering these questions as if I have a clean slate or do I need to refer to my previous immigration history openly and honestly from the beginning when answering all these questions. Would I need to mention this in the cover letter as well.

I don't want to prompt something that isn't necessary but obviously will be honest if this is relevant to this visa application.

Thanks in advance for any advice.

walker
Member
Posts: 133
Joined: Tue Mar 22, 2016 8:59 pm
Location: UK
Mood:
Palestine

Re: Spouse Visa Extension (previous overstayer)

Post by walker » Thu Dec 30, 2021 9:09 am

I think it is safe to assume they are referring to immigration history in general and so the answer should be yes if this is the case.

You can explain the situation by providing information in the addtional information section at the end of the online form and/or covering letter.

AmazonianX
Respected Guru
Posts: 8103
Joined: Tue Jun 11, 2019 2:09 pm
United Kingdom

Re: Spouse Visa Extension (previous overstayer)

Post by AmazonianX » Thu Dec 30, 2021 9:21 am

Nightman22 wrote:
Thu Dec 30, 2021 1:40 am
Hi.

I am about to apply for my first extension for my Spouse Visa and since everyone was so helpful previously with my tricky situation I was wondering if I could ask a few questions again.

I was an overstayer until 2018. Returned voluntarily to South Africa and applied successfully for a spouse visa to return to live with my husband who is a British citizen.

On the application it does ask the question have you overstayed a UK visa.
Obviously the answer is yes if they are referring to previous visas and not the current one. Also I would have previously lived in the UK etc.

My question is am I answering these questions as if I have a clean slate or do I need to refer to my previous immigration history openly and honestly from the beginning when answering all these questions. Would I need to mention this in the cover letter as well.

I don't want to prompt something that isn't necessary but obviously will be honest if this is relevant to this visa application.

Thanks in advance for any advice.
Refer to the previous situation, HO do have your immigration history and you don't want to appear deceptive. Mention it to corroborate the record with them. No need to do into indepth details.

Nightman22
Newly Registered
Posts: 13
Joined: Sat Aug 04, 2018 4:03 pm
United Kingdom

Re: Spouse Visa Extension (previous overstayer)

Post by Nightman22 » Fri Dec 31, 2021 3:48 am

Thank you very much for the advice.

secret.simon
Moderator
Posts: 11221
Joined: Thu Feb 21, 2013 9:29 pm

Re: Spouse Visa Extension (previous overstayer)

Post by secret.simon » Fri Dec 31, 2021 9:51 am

Nightman22 wrote:
Thu Dec 30, 2021 1:40 am
am I answering these questions as if I have a clean slate
No, because you do not, in fact, have a clean slate.

Be aware that overstaying in the UK will impact all applications till your naturalisation, which will be barred for you till the 10th anniversary of the end of your overstay (i.e. till the 10th anniversary of your leaving the UK at the end of that overstay).
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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