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INC
INC, Solicitor-Advocate
Category: UK Immigration Law
Satisfied Customers: 11509
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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Im looking for help regarding an immigration problem. My girlfriend

Resolved Question:

I'm looking for help regarding an immigration problem. My girlfriend of 3 years is Chinese and it turns out she has overstayed her visa by several years. She was previously here on a marriage visa but this expired several years ago. We were planning on marrying once she was able to finalise her divorce from her previous husband. She was arrested this morning by immigration and is currently in Poole police station.

My questions are:

1) Is there anything that can be done to prevent her being removed from the country immediately?

and

2) If she has to return to China, what should be done to allow us to finalise her divorce from there and allow us to marry and her to obtain another UK visa.
Submitted: 3 years ago.
Category: UK Immigration Law
Expert:  INC replied 3 years ago.

Hi,

 

Thanks for your question.

 

If your girlfriends's divorce is not yet finalised, I am afraid there is little that can be done if the UKBA attempt to remove her from the UK other than making an application for an injunction preventing removal.

 

If she has overstayed, the most likely outcome is that she will be removed from the UK unless she can prove she should not be removed as she enjoys human rights.

 

If your girlfriend is removed, once her divorce is finalised, she will be able to make an application for a Fiancee Visa or a Spouse Visa if you travel to Vhina and marry first.

 

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

 

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

 

Kind regards,

INC, Solicitor-Advocate
Satisfied Customers: 11509
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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