UK Immigration Law
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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.
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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:
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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