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INC, Solicitor-Advocate
Category: UK Immigration Law
Satisfied Customers: 11613
Experience:  LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
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My fiance is a brazilian national and was asked to leave the

Resolved Question:

My fiance is a brazilian national and was asked to leave the uk in July this year having overstayed his tourist visa by 2 years.

He was planning to go back to Brazil in August this year anyways as we are to be married there in 2 weeks but unfortunately we didnt do this in time and he was asked to leave.

As you can imagine we are now in a difficult situation as we would like to settle in the uk once we are married. I have been gathering information to send along with his visa application but im worried that this is going to be refused because he initally overstayed.

Any information you have on this matter would be much appreciated, I am a british citizen and have been since birth.

Many thanks
Submitted: 6 years ago.
Category: UK Immigration Law
Expert:  INC replied 6 years ago.



It is likely that his application will be refused, however, you will have an argument under Article 8 of teh Human Rights Act 1998. Article 8 states that everyone has teh right to aprivate and family life. This means that the Home Office should not seperate a family due to immigratin rules.


The application may initially be refused, however, you should be granted Leave to Appeal.


I would striongly suggest that you use Solicitors to make any application for you.


I hope this answers your question. If so, kindly click accept.


If you wish to discuss, please feel free to ask further questions.


Kind regards,

INC and other UK Immigration Law Specialists are ready to help you

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