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Thomas
Thomas, Solicitor
Category: UK Immigration Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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CAN MY HUSBAND WHO IS A UNITED STATES CITIZEN,COME BACK TO

Resolved Question:

CAN MY HUSBAND WHO IS A UNITED STATES CITIZEN,COME BACK TO THE UK AFTER OVERSTAYING HIS VISA BY ALMOST 6 MONTHS,DUE TO THE FACT THAT I WAS SICK AND WAS IN AND OUT OF HOSPITAL,I AM A UK CITIZEN. HE KNOWS IT WAS WRONG TO DO THIS AND HAS NO CRIMINAL RECORD IN ANY COUNTRY.HE LEFT THE UK OF HIS OWN ACCURD,AND PAYED FOR HIS OWN FLIGHT BACK TO THE USA. HE DID NOT HAVE HIS FINGER PRINTS TAKEN OR PHOTOGRAPH TAKEN ON ENTERING THE UK,AND NOTHING WAS SAID TO HIM WHEN HE LEFT THE UK. I AM CURRENTLY IN YHE UK AND MY HUSBAND IS IN THE USA,CAN HE FLY BACK TO THE UK AND WILL HE BE ALLOWED TO ENTER? HE DID NOT HAVE TO FILE A VISA WAIVER FORM BEFORE HE CAME TO THE UK ON HIS LAST VISIT. PLEASE ADVISE ME,MANY THANKS.
Submitted: 3 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 3 years ago.

Hi,

 

Did he receive a ban upon leaving the UK?


Tom

Customer: replied 3 years ago.
NO HE DID NOT RECEIVE A BAN ON LEAVING THE UK,NOTHING AT ALL WAS SAID TO HIM.
Expert:  Thomas replied 3 years ago.

If he did not receive a ban then the overstay will not be grounds for refusal in and of itself.

 

The UKBA are not permitted to use overstays as a reason for refusal alone (immigration rule 320). This means that if your husband's application for a spouses visa is otherwise correct and he meets the eligibility criteria then you will be successful.

 

If this is useful please kindly click accept so that I may be rewarded for my time. You will be free to ask follow up questions.


Kind regards,


Tom

Customer: replied 3 years ago.
DOES THIS MEAN THAT MY HUSBAND CAN RETURN TO THE UK AS SOON AS POSSIBLE? IS THERE ANY CHANCE HE WILL BE HELD UP BY THE IMMIGRATION AIRPORT PATROL HE ONLY FLEW BACK TO THE USA THREE WEEKS AGO.
Expert:  Thomas replied 3 years ago.

If he attempts to come back to the UK on a visitor's visa in the normal way US citizens travel to the UK then they will be able to refuse him entry.


If he applies for a spouses visa prior to travel in order to come her to settle permanently with you (as man and wife) then they will not be able to refuse him entry on the basis of his overstay alone.

 

Provided he applies for a spouses visa and meets the eligibility criteria then he will be fine, but on a visitor's visa there is a very high chance he will be refused entry.

 

Hope this clarifies, if so please click accept.


Tom

Thomas, Solicitor
Satisfied Customers: 6444
Experience: BA (Hons), PgDip, Practising Solicitor
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