Thanks for your question.
You husband will have to make a further application for a new spouses visa, rather than make simple renewal unfortunately. He will have to apply by using Form SET(f) available from UK Home Office/UKBA website.
He will have to show:-
- That you are legally married (ie, marriage certificate)
- That you are present and settled in the UK
- That you intend to live together as man and wife
- That you have met each other before
- That you can support each other without the need to access public funds
- That you have suitable accommodation, which is owned or lived in only by you or your household, and where your dependents (if any) can live without help from any public funds
- That neither of you are under 21 years of age
Generally, overstays of less than a month do not tend to prejudice subsequent applications. More than a month and your husband will have to demonstrate a persuasive reason why he overstayed.
If this was due to a family emergency as you appear to suggest then it is very important that he includes this in his application. He's got to explain clearly why is was necessary for him to overstay, was it for the welfare of his family, that there was no-one else who could help and he would not have overstayed unless it was absolutely essential. I really cannot stress enough how important it is to include in his application cast-iron reasons why he had no option but to overstay, you've really got to emphasise it because if they do refuse the application then it may be for this.
It would be best for a solicitor/immigration practitioner to prepare, or at least check, the application before it is made. Things can get complicated and messy on appeal if the application is incomplete or not well put together.
Remember this time that if he is granted a two year limited leave to remain and stays here as your husband for all of that time then he will be eligible to apply for indefinite leave to remain.
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