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UK_Lawyer , Solicitor
Category: UK Immigration Law
Satisfied Customers: 2452
Experience:  I am a qualified solicitor and an expert in UK law.
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Hi, My name is Pat My question is that I am married to a

Resolved Question:

My name is Pat
My question is that I am married to a US citizen of which she as been in the UK on a visitor visa for more than 6 months and now will enter the 28 day grace period in 4 days time.

We don't have enough money for her flight until around 4 weeks time of which I will receive
enough money for her Spouse Visa(flight) eligibly finance of £63,000 for the six month period to get her to stay here permanent next year.
Our dilemma is we will over stay our 28 day grace period.
I my self am a British Citizen and we have been married since last July 2012.
We are worried that over staying by say 4 weeks we will be refused Spouse visa next July 2014...
Please any good accurate advice needed as there is to many answers on the internet.
Thank you Pat
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 service so I am credited for my time.

When would be the earliest she would be able to leave the uk?

Kind regards
Customer: replied 2 years ago.

The 6 months Visa runs out on November 21st, and more than likely have money for flights December the 15th. However, the best scenario for us is for my wife to return home on January 2nd. But, I assume it's best for her to leave within the 28 day grace period? Could you please give us two answers, for the one leaving within grace period and the one other option of January 2nd. Regards.

Expert:  UK_Lawyer replied 2 years ago.
Thank you for your reply.

1. If she does over stay her 28 days period then this could lead her visa next year being prejudiced by her overstaying. What you must keep in mind is that her visa expires in 6 months anything over that time will mean she is an overstayer, I would suggest that she leaves prior to this period. The 28 days after her visa expires is to ensure that no further action is taken ie a 12 months ban on her applying for her next visa to the uk.

Although the home office should not take into account any period of overstaying when an application for a settlement visa is made they usually do make take into account previous periods of applicants overstaying which could prolong the decision making process.

2. If your partner does leave within or before the 28 days then it would not effect any future application and would not effect her application for a fiancé visa next year. You may wish to explain why she did not leave within the 6 months period in the covering letter with the fiance visa application.

I hope this answers your question if so kindly rate my answer positively so I can get credited for my time. If however you feel that the answer does not cover all the points raised in your question please DO NOT rate my answer negatively I will be happy to answer further question until you are satisfied with my answer.

Kind regards
UK_Lawyer, Solicitor
Satisfied Customers: 2452
Experience: I am a qualified solicitor and an expert in UK law.
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