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Awan-Legal
Awan-Legal, Solicitor
Category: UK Immigration Law
Satisfied Customers: 128
Experience:  Specialist in immigration law with the highest level of accreditation in this area and with many years experience.
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Overstay in uk for three weeks - left of on free will - have

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Overstay in uk for three weeks - left of on free will - have applied for visitor visa and been rejected - USA citizen - now married to uk citizen - want to visit uk -chances of visa? Should I do waiver? Or marriage visa?
Submitted: 2 years ago.
Category: UK Immigration Law
Expert:  Awan-Legal replied 2 years ago.

Awan-Legal : Hi
Awan-Legal : The re-entry ban does not apply to spouse visas so you should be fine although it would be applied to a visit visa.
Awan-Legal : If you left of your own free will you are banned or one to two years.
Awan-Legal : When did you overstay?
Awan-Legal : (as the ban may already have been lifted)
Customer: 2010
Awan-Legal : Which month?
Awan-Legal : http://www.bia.homeoffice.gov.uk/sitecontent/documents/policyandlaw/enforcement/detentionandremovals/chapter62_re-entry-bans.pdf?view=Binary#page2
Awan-Legal : The fact that it was 2010 means your re-entry ban has been completed as you left voluntarily at your own expense - in which case you may come to the uk now as either a visitor or a spouse.
Customer: Don't recall - why does it matter? If I do not want to live in Uk but just want to go there is spousal visa correct visa?
Awan-Legal : No it should not matter as you have already passed the one year ban.
Awan-Legal : You can come as a visitor if you do not intEnd to settle but cannot then work or study in the uk during the visit. A spouse visa will be valid for two years if you have the intention to live together permanently with your spouse and can apply for indefinite leave to remain (permanent stay) after 2 years.
Awan-Legal : If applying as a visitor you will need to show that you will return at the end of the visit by showing commitments in the US despite having a spouse in the uK and that you are purely only visiting her at the moment.
Customer: If I do spousal visa can I go back and forth to USA - are there requirements on how long I should stay in ukuk?
Awan-Legal : Yes you can go back and forth. No requirements although if you apply for indefinite leave to remain you will want to show that you will be settling in the uk and the reasons you were travelling to the US so often. There are restrictions on days absent from the uk if applying for British nationality later on though.
Awan-Legal : The link shows how to apply for a visit visa and the documents required:
Awan-Legal : gov.uk/visas-immigration/visiting/
Awan-Legal : http://www.ukba.homeoffice.gov.uk/visas-immigration/visiting/
Awan-Legal : & this one for the spouse visa:
Awan-Legal : http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/spouse-cp/
Awan-Legal : The UKBA states:
Awan-Legal : Section 1 - Spouses wrote:4.5. Further guidance There is no specific requirement in the Rules that the entire probationary period must be spent in the United Kingdom. For example, where an applicant has spent a limited period outside of the United Kingdom in connection with his employment, this should not count against him. However, if he has spent the majority of the period overseas, there may be reason to doubt that all the requirements of the Rules have been met. Each case must be judged on its merits, taking into account reasons for travel, length of absences and whether the applicant and sponsor travelled and lived together during the time spent outside the United Kingdom. These factors will need to be considered against the requirements of the Rules.
Awan-Legal : You will therefore want to show that your main principle home is in the UK and you are based predominantly in the UK - if you wish to apply for permanent status after 2 years.
Customer: so us citizen marry Uk citizen and wants to go to Uk even though I have been denied visitor visa five times I can apply now for spouse or visitor and go back and forth to uk
Awan-Legal : Why have you previously been refused? On a spouse visa you should be fine so long as you meet the requirements in the above link.
Awan-Legal, Solicitor
Satisfied Customers: 128
Experience: Specialist in immigration law with the highest level of accreditation in this area and with many years experience.
Awan-Legal and 3 other UK Immigration Law Specialists are ready to help you
Expert:  Awan-Legal replied 2 years ago.
Thank you for the accept!

If you have any further questions, you may address them for Awan Legal Only and I will be able to assist you.

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