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UK_Lawyer
UK_Lawyer, Solicitor
Category: UK Immigration Law
Satisfied Customers: 2056
Experience:  I am a qualified solicitor and an expert in UK law.
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My girlfriend has overstayed her visa by 5 years! She now wants

Resolved Question:

My girlfriend has overstayed her visa by 5 years! She now wants to get it sorted and is planning to return to Ukraine by her own accord and own expense very soon and then apply to return, We are intending to marry. I am a UK citizen. Will she be able to return to UK immediately or will there be a delay?
Submitted: 2 years ago.
Category: UK Immigration Law
Expert:  UK_Lawyer replied 2 years ago.
Hi thank you for your question. Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE so I can get credited for my time.

How long did your partner overstay her visa?
Was it more than 28 days?
Does she intend to return to the UK on a fiancee visa to enable her to marry in the UK?

Kind regards
Customer: replied 2 years ago.
Well, if you had read my question you would see it says she has overstayed by 5 years and intends to return on a fiancee visa
Expert:  UK_Lawyer replied 2 years ago.
Thank you for your reply,

I apologise for the delayed response.

What visa will she be applying for on her return to the UK?

Kind regards
Customer: replied 2 years ago.
OK, you just keep asking the same question. I was very clear in my initial question. She will be applying for a spouse visa
Expert:  UK_Lawyer replied 2 years ago.
Although your girlfriend has overstayed she should be allowed to return without any delay if she is applying to return on a spouse visa, please ensure that you have married before applying for a spouse visa. If however, you intend to marry in the UK then she would first need to apply for a fiance visa and then subsequently switch to a spouse visa.

Although in most cases her return to the UK will not be hindered, however, as she has overstayed her visa for 5 years the UKBA may take the view that she has been deceptive as she has overstayed her previous visa and did not return when she stated. This may be used as a ground to refuse her entry in the UK.

I hope this answers your question, if so kindly leave positive feedback.

Kind regards
UK_Lawyer, Solicitor
Satisfied Customers: 2056
Experience: I am a qualified solicitor and an expert in UK law.
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