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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 6290
Experience:  BA (Hons), PgDip, Practising Solicitor
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Hi, A friend of mine overstayed his visit visa by 1 year.

Resolved Question:

Hi,

A friend of mine overstayed his visit visa by 1 year. His visit visa was valid for 6 months, so the total time he stayed in the UK was 18 months.

3 months back he got into a civil partnership and his partner makes around 20k. His personal savings are around 25k.

Can he apply for a civil partner visa to legalize his situation?

Thank you,
Submitted: 2 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 2 years ago.
Hi
Thanks for your question .

For clarity and the avoidance of doubt, could you please respond to the following USING THE SAME NUMBERING:-
1. What nationality is their partner please
2. What nationality are they
Kind regards.

Tom
Customer: replied 2 years ago.
1- She is a British national
2- He is Sudanese

Thank you
Expert:  Thomas replied 2 years ago.
Hi

Thanks for your reply/patience.

I would advise that he leave the country to make the application to for spouse visa. He has overstayed his visa and although the UKBA cannot ultimately reject an out of country application they can refuse an in country application if he does not have leave to remain.

You could attempt to apply in country but it would be rejected, you may be successful on appeal in securing leave to remain without leaving the country arguing that it would be unreasonable and disproportionate to expect him to leave the country but this is far from guaranteed. You could lose and then have to leave the country have wasted the money in appeal/application fees and legal costs.

The reality is that it’s probably much less stressful and a little bit quicker to see a UK solicitor to prepare the application here now so that it can be taken with him when he returns to his home country and submitted straight away.

If you attempt to make an application in country you should be prepared to pay some money and be engaged in a fight with the UKBA because it’s uncertain, time consuming and stressful.

Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE or above if you are satisfied that you have received the correct legal advice (even if it is not the answer you wanted to hear), otherwise I do not receive any credit for answering your question.

If you are not willing to rate my answer as OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE then allow me to assist further by replying asking what clarification you require rather than rating my answer at levels below.

If you wish for me to provide you with further guidance on any question you may have in the future then please submit a further question to the board requesting me either by my profile or by marking your question. “FAO Tom”.

Kind regards,


Tom
Customer: replied 2 years ago.
Thanks Tom. I know this could be difficult for you to confirm, but if he was to leave and apply from outside the UK, will this be a guaranteed way to obtain the visa or could UKBA agency still refuse it on the ground that he overstayed

Best Regards
Expert:  Thomas replied 2 years ago.
Hi,

If he meets the eligibility criteria and provides the supporting documentation to prove it then they could not reject on the basis of the overstay alone.

The only way they could is if there is other evidence of deceptive behaviour, which would mean they could attempt to say that the overstay is another example of deceptive behaviour in order to demonstrate that he is deceptive by nature and therefore reject on the basis that it would not be conducive to the public good to approve the application.

There would have to be quite few other examples and serious in nature though.

Please remember to rate my answer.

Kind regards,

Tom
Customer: replied 2 years ago.
Thanks Tom, when you say deceptive behavior, are you referring to the fact that he overstayed in the country or to the nature of their relationship?

If he can prove that he had some serious personal issues that has caused him to overstay, will this help his case?

Best Regards,
Expert:  Thomas replied 2 years ago.
Hi,

I referring to the overstay. IN order to reject there would have to be other significant examples of deceptive behaviour.

Personal issues causing to overstay are helpful to explain why this should be not regarded as deceptive behaviour, but do not affect the argument that he should be permitted to apply in country

Please rate my answer.

Kind regards,

Tom
Thomas, Solicitor
Satisfied Customers: 6290
Experience: BA (Hons), PgDip, Practising Solicitor
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