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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7481
Experience:  BA (Hons), PgDip, Practising Solicitor
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I'm a uk citizen. My fiancé is a New Zealand citizen. She is

Customer Question

Hi. I'm a uk citizen. My fiancé is a New Zealand citizen. She is here on a tier 5 youth mobility visa. This runs out on October 31st.
I'm currently waiting for my final divorce papers to come through, this should be around mid September.
I understand we must give 30 days notice before getting married in the uk. However, this could be 70 days I have read as she is not a away citizen?
If the worst comes to the worst and we run out of time, would it be possible for her to overstay her tier 5 visa a few weeks so we can get married and get the spouse visa? Would this overstay affect her chances of getting a spouse visa?
Thank you
Jason
Submitted: 4 months ago.
Category: UK Immigration Law
Expert:  Thomas replied 4 months ago.

Hi Jason

Thanks for your question. I will try to help.

If she overstays her visa by up to 28 days then the home office would have a discretionary ground to refuse an in-country application for a spouse.

So, this means that they can refuse if they are minded to do so. It is not a mandatory ground to refuse a visa, which means that they will not reject it out of hand though.

Where there are other aggravating factors in the applciations (eg breaches of early visa conditions, criminal records, elements of deception, a suspicion the evidence does not show that the relationship is genuine) then they are more likely to reject because of the overstay. If there are no aggravating factors then it’s still probably 50:50.

If she overstays by more than 28 then the application would definitely be rejected.

I am sorry I could not have better news for you.

My goal is to provide you with a good service. If you feel you have received anything less, please reply back. Please remember to leave positive feedback using the stars at the top of the page.

Kind regards,

Tom

Customer: replied 4 months ago.
Thank you for the info. Overstaying is too great a risk then.My question on the 30 days or 70 days notice for marriage.... If I got my divorce papers in mid September and we straight away give notice to get married, would we be able to get married after 30 days or would it be 70 days?
I'm wondering how they decide whether it be 30 days or 70 as what I have read everywhere it says "30 days, but may be up to 70 days if you are a non EU citizen".All being well we get married in mid October with two weeks left on her visa. We can then go to the home office and try get a fast track spouse visa. Can we do this within a few days get an appointment or is there a waiting list?
Expert:  Thomas replied 4 months ago.

Hi,

Once you attend a registry to give notice, your fiance's documentation will be refered to the home office for approval I believe, which takes some time between 28-70 days. Once they have returned it approved then you can give your notice at the registry office of 28 days.

You can usually book in advance:

https://www.gov.uk/ukvi-premium-service-centres/book-an-appointment

Please do remember to leave feedback.>

Tom

Expert:  Thomas replied 4 months ago.

Hi

Is there any further information you require?

I just want to ensure that you are satisfied, so please let me know if you have any further queries on the information I have provided. If you have no further questions then please do leave positive feedback using the stars at the top of the page.

Kind regards,

Tom

Customer: replied 4 months ago.
Hi,
I am currently working with a uk immigration specialist lawyer for my partner's visa.
He also answered the same question I asked you but come up with a completely different answer."Applying within 28 days is not a problem. Any more or less experienced lawyer would know this.
Immigration status requirements;
E-LTRP.2.2. The applicant must not be in the UK –
(a) on temporary admission or temporary release
(b) in breach of immigration laws (disregarding any period of overstaying for a period of 28 days or less)"
Expert:  Thomas replied 4 months ago.

Hi,

I did not say that overstaying less than 28 days would result in a mandatory refusal, I said that it creates a discretionary ground. This is because it can create an issue credibility which can affect how the case officier views any other aggravating issues.

If she applies within 28 days and there are no other aggravating factors then an approval is likely.

Please remember to leave feedback..

Tom

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