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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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my husband is an american citizen, he came to the uk in 2010

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my husband is an american citizen, he came to the uk in 2010 in january,but did not return to the usa until january 2011. he overstayed his 6 month visa by 6 months. nothing was said to him by uk immigration officers when he flew back to the usa. if he returned to the uk now,april 2011 would he be allowed entry,or would he be held by uk immigration officers and sent back to the uk straight away? would the uk be aware of his overstay on his last visit? he has never had his fingerprints or photograph taken in the uk,and he does not have a chip and pin passport. he did not have to apply for a visa waiver when he entered the uk on his last visit. i am a uk citizen. please advise me,thankyou. my husband and i have been married for a year and a half and got married in the usa. i cannot return to the usa at the present time,as my husband is in the usa at present,and has filed an I-130 immigrant visa for me to return to the usa. we have not seen each other now for almost three months,and i miss him so much.
Submitted: 3 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 3 years ago.
Hi.

Is he to return for a visit only OR to settle permanently?

Tom
Customer: replied 3 years ago.
he only wants to return to the uk for a visit only. we both want to permanently reside in the usa.he has filed an I-130 visa form in the USA for me to return to the states and eventually become a USA citizen.I don't want to permanently live in the Uk anymore,i want to live in the usa with my american citizen husband,get a green card to allow me to work in the states,and eventually become a permanent usa citizen,with a usa passport. in the meantime while the 1-130 is being processed which could take several months,i would like my husband to return to the uk,for a couple of months,so we can be together. he does not want to settle permanently in the uk. we both want to settle permanently in the usa. would he be able to come to the uk to visit me,even though he overstayed his 6 month visa here in the uk,by almost 6 months the last time he visited the uk? or would he be denied entry into the uk,and sent back on a flight to the usa?
Expert:  Thomas replied 3 years ago.

Hi,

 

Thanks for your reply.

 

They will be aware of the overstay because your husband's previous visa length will be noted in his passport as will the date he left the UK. This will also be noted in a central database, or at least it should be.

 

The UKBA would have been entitle to impose a ban upon your husband re-entering the UK of up to one year if he left of his own accord. He would probably know about this but even if he is unsure he should apply directly to the embassy for a visa prior to travel rather than just hope they grant him one upon port of entry in the usual way for american citizens.

 

He must disclose the previous overstay, if he does not it will be viewed as deception. He must give reasons for his overstay and explaing any mitigating circumstances. You should complete a sponsorship delcaration explaining the previous overstay, the terms of the propsoed visit and your plans to immigrate to the US. Attach any correspondence relating to the application you have made with respect to your plans to immigrate to further substantiate your claim that he shall not be staying long.

 

 

The eligibility criteria for a visitor's visa is as follows(as I am sure you are aware0, is that you need to show that:-

  • Youwant to visit the UK for no more than six months;
  • You intend to leave the UK at the end of your visit;
  • You have enough money to support yourself during your stay in the UK without working or needing help from public funds

Yo ushould go to a local solicitor to draft a sponsorship declaration. This should cost around £50+vat and you can find immigration solicitors via:-

http://www.lawsociety.org.uk/choosingandusing/findasolicitor.law

 

The reality is that even if there is not a ban then the UKBA would be entitled to refuse his application for a visitor's visa. In the circumstances the only option available to you is to apply before he travels explaining in full details the overstay and submitting a comprehenive sponsorship declaration drafted by you.

 

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

Thomas, Solicitor
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Experience: BA (Hons), PgDip, Practising Solicitor
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