UK Immigration Law
Ask an UK Immigration Law Question, Get an Answer ASAP!
Did he receive a ban upon leaving the UK?
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.
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.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).