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:-
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.
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