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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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im Vietnamese and overstay here until now is 11 month, im

Resolved Question:

i'm Vietnamese and overstay here until now is 11 month, i'm going to marry with a British citizen. After i married can i stay here or if i have to come back Vietnam, how long should i reapply to comeback UK?
Submitted: 3 years ago.
Category: UK Immigration Law
Expert:  Alex Hughes replied 3 years ago.
Thanks for your question.

Could you explain your situation a little more?

When did you come to UK?

What kind of visa did you originally have?

Why did you over stay?

How have you supported yourself?

How long have you been in your relationship?

Do you have children?

Where is your family?



Customer: replied 3 years ago.
i came here in 2009 with student visa tier 4 with 10 month visa valid from 30/10/2009 to 18/08/2010. I was studied foundation programme at Middlesex university, but i met some difficult while i study in there, i told with university's staff that i need to go to english school to improve more my english skills and then staff sent message to ukba report that i change another school. From there, i study in some of school english until my visa expire, then i stay here until now without legal visa. But i have meet my girl friend is Bristish citizen and we're going to marry next month. In my case, i want to ask you that what should i do to have a visa to stay here legally?
Expert:  Thomas replied 3 years ago.

Hi,

 

I provided you with an answer on the other question you asked. You did not click accept.

 

I may provide you with an answer to this thread but please confirm why you did not click accept to the previous answer.

 

If you continue to refuse to click accept when experts have answered you questions then they will not answer any others you submit.


Tom

Thomas, Solicitor
Satisfied Customers: 6650
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and other UK Immigration Law Specialists are ready to help you
Customer: replied 3 years ago.
i'm staying in the UK illigal. Before that i was a student and my visa was expire on 18/08/2010. What should i do now to stay here legally and i have a partner, she is British citizen and just have UK passport 4 month ago, she has baby with another person but she doesn't live with the person that a daddy of her child. In that case, can we marry and if we can, can we go to the council to make marriage registration?
Expert:  Thomas replied 3 years ago.

Hi,

 

Thanks for the accept.

 

 

There are no restrictions upon you marrying a UK citizen even thought you have overstayed. You will simply need to prove your identity and address, then give the appropriate notice of marriage at the registry office where you intend to marry.

However, you would not then be able to apply for a spouses visa whilst you are in the UK because of your overstay. They only times the UKBA permit this is when exceptional circumstances apply and even then it is only at there discretion. This is usually where to remove you would prejudice your care or where you are required to be in the UK to care for a UK citizen child.

 

If neither of these apply to you then you will have to return to your home country to make an application for a spouses visa. there is nothing preventing you getting married then going to see an immgration solicitor to prepare your out-of-country application on your behalf so that you can submit it straight away upon return.

Provided you meet the spouse visa eligiblity criteria and there are no other defects with your applicaiton (eg. no deception) then the UKBA will not be able to refuse the application on the basis of the overstay alone. They cannot do this because it is against Article 8 Right to A Family And Private Life.


Kind regards,


Tom

Thomas, Solicitor
Satisfied Customers: 6650
Experience: BA (Hons), PgDip, Practising Solicitor
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Customer: replied 3 years ago.
Thanks for your answers, one more think that i want to ask you that if i come back vietnam and need an Uk immgration solicitor in my country, where can i find them? In my case, can i stay here with my partner until 3/2012 and i come back vietnam 2 month after 2 month in vietnam, can i reapply to return UK?
Expert:  Thomas replied 3 years ago.
There won't be many at all in Vietnam, you need to instruct a UK solicitor here. They are best qualified and you can see them until you return home.

You and your spouse can remain in contact with them whilst you are away.

Yes, as explained above. If you marry in the UK and prepare an application here then you can take it with you when you return to Vietnam to submit straight away when you are there.

Tom
Customer: replied 3 years ago.
last question and all detail from me, please answer and give me advise.i came here in 2009 with student visa tier 4 with 10 month visa valid from 30/10/2009 to 18/08/2010. I was studied foundation programme at Middlesex university, but i met some difficult while i study in there, i told with university's staff that i need to go to english school to improve more my english skills and then staff sent message to ukba report that i change another school. From there, i study in some of school english until my visa expire, then i stay here until now without legal visa. But i have meet my girl friend is Bristish citizen and we're going to marry next month. In my case, i want to ask you that what should i do to have a visa to stay here legally? Thanks!
Expert:  Thomas replied 3 years ago.
It's as I've explained above - unless you have a health condition which would get worse if you had to leave OR you have a UK citizen child would was to be stay and be raised here then you do not have a chance of obtaining a visa by applying in the UK.

You need to apply for a spouses visa by getting married, seeing a solicitor to prepare the application and then returning to VIetnam to submit it as soon as you return there.

Provided there are no other defects in your application other than the overstay and you meet the eligiblity criteria then the UKBA will not be able to reject on the basis of the overstay alone.

Kind regards,

Tom
Customer: replied 3 years ago.
can you give some solicitor office that prestige and helpul? Thanks!
Expert:  Thomas replied 3 years ago.
You should use the following site to find immigration solicitors in your area. Enter your postcode and select Immigration Law:-
www.lawsociety.org.uk/choosingandusing/findasolicitor.law

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