UK Immigration Law
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Thanks for your question.
To enable me to answer your question could you please respond to the following:-
Yes we do intend to marry .
She left the UK on the 23rd July 2011.
We did co-habit for the dration of her stay , right up to her departure . Ans at no stage did she work .
Where do you plan to marry?
Thanks for your reply.
The overstay in any of itself is not a sufficient reasons for them to refuse her a fiancé or spouse visa because it is contrary to Article 8 Rights to Family and Private Life. Provided there are no other defects in her application then she will be successful but her Article 8 rights must be argued. Sometimes the UKBA try and shoehorn an overstay in to Deception in to a ground for refusal so you would have to disclose the overstay and mitigate it by explaining it.
You can either marry outside the UK and then apply directly for a spouses visa. Once application, one application fee.
Alternatively, she can apply for a fiance visa so that she can come here specifically for the purpose of marrying him. Once married she would then have to apply for a spouses visa (settlement). Two applications, two application fees.
The eligibility criteria is largely similar for both applications.The advantage is that if your fiance visa is refused then you are not married. If you marry and you spouses visa application is refused initially and then on appeal then you are stuck being married but in different countries.
Here is the criteria you would need to fulfill for a fiance visa, as I say the criteria is largely the same for a spouses visa. If you meet this you will almost certainly not be refused a spouses visa:-
The application will have to be supported by evidence proving the above eligibility criteria. I have suggested basic documents above, but the list is not exhaustive. They key to a successful application is producing well-collated documentary evidence for the above criteria.
He will also have to pass and english language test showing he has a basic command of spoken and listening English. She can find out approved test providers in his area by contacting the UK embassy nearest to her
You will need to apply for fiance/spouses visa using form VAF4 which is available for download from the UKBA website
You should consider instructing a immigration solicitor based here in the UK to prepare an application for her (whichever way you decide to do it). You can find local solicitors via:-
It should cost around £1000-1500+ VAT.
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I will answer your follow up questions you may have.
Yes, it would in terms of mitigation and convincing the UKBA that there will be no further deception but the important point is that the overstay is not a sufficient enough reason alone for them to refuse the application in any event..
It will also help to convince them that your relationship is genuine and the more documentary evidence provided the likelier you application is to be accepted.
If there are no other defects with her application other than the overstay then she will likely be fine provided the application is well drafted and you enclose appropriate supporting documentation.
Trust this clarifies, if so please click accept.
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