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Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7590
Experience:  BA (Hons), PgDip, Practising Solicitor
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i have overstayed on my visitors visa over year one on my

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i have overstayed on my visitors visa over year one on my last visit to uk, my girlfriend is coming home to get married to me. will i be granted a visa to join her as my partner lives and reside uk permanently.



Can you please confirm that you are presently in Ghana, will marry there and will then apply for a spouses visa?



Customer: replied 6 years ago.
yes im in ghana the marriage is taken place in december. The rael problem is that my fiancee is worried about whether my over stay of my previous visit will denail me from granting me a visa to join her in uk.I need to assure her before she makes the trip to ghana to marry me officially.the total cost of trip and wedding is running in thousands,so need to give her a professional advise now.the underlining issue is over- stay for over a year.



An overstay is one of the general grounds for refusal of a visa under s320 of the immigration rules but because this ground for refusal has been defeated on appeal by persons claiming Article 8 (Right to family and private life) Human RIghts Act 1998 is is now not the UKBA's policy to refuse on this basis.


It is highly unlikely that they will refuse the application on the grounds of your overstay. It would be a reverse of their current policy and you would have an excellent chance of success on appeal, though they would be extremely unwise to refuse on the basis of the overstay.


If you otherwise fulfill the eligibility criteria then you will very probably be successful. Info here:-


If this is useful please kindly click accept so that I may be rewarded for my time. It would be gratefully received and you will be free to ask follow up questions.


Kind regards.




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