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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7478
Experience:  BA (Hons), PgDip, Practising Solicitor
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My girlfriend came from China to the UK in 2007 on a 6 month

Resolved Question:

My girlfriend came from China to the UK in 2007 on a 6 month business visa.She has overstayed this visa.What is the legal situation re us marrying?
Submitted: 5 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 5 years ago.
Hi,

Thanks for your question.

There are no longer any restrictions on foreign nationals marrying UK nationals in the UK regardless of whether they have leave to remain or not. You will be able to marry in a registry office in the UK provided that you can prove your identities and put the requisite notice for your marriage up at the registry office prior to marriage.

However, the UKBA only entertain applications for spouse visas (ie. settlement) from persons without valid leave to remain in the most exceptional circumstances. This is usually where to require the foreign national to return to their home country to make the application would prejudice their health.

They will require her to return to her home country to make an application for settlement following marriage. The Overstay is not a sufficient reason alone to reject such an application under Immigration Rule 320.

I can provide you with further detailed guidance of the eligibility criteria and how to make the application out of country. If you would like me to do this please submit a further question to the board and either request my using my profile or by marking your question “FAO Tom”.


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Kind regards,


Tom
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