Ask an UK Law Question, Get an Answer ASAP!
Could you explain a bit more please:-
- What visa were you on in the USA
- Why have you overstayed
- Is you spouse residing in the uk
Last question - do you need info on eligibility and how to apply for settlement or have you already made an application?
If you have already made an application please state whether you disclosed the overstay?
Okay, below listed is the elibigilbity criteria with suggested documents that you should submit in brackets:-
1. That you are legally married to eachother (marriage certificate)
It would be best for a solicitor to check your application before you send it. You coudl send it to you spouse and she could take it to a UK immigration solicitors.
She can find UK immigration solicitors by using the following search engine:-
If you apply after 29 November then you wil have to pass an English language test showing spoken and listening English skills.
You are righ tto disclose the overstay if you did not and they found out about it then they may view this as dishonesty which could prejudice your application a lot more than the overstay itself.
The overstay may or may not form the basis of a refusal of your application, in my view the UKBA would be unwise to refuse on this basis because you will be able to appeal and argue your article 8 Human Rights Act (right to a fmily and private life) and provided you made this argument well would have a good chance of being sucessful on appeal. If you do have to appeal then I would strongly advise you to instruct a solicitor to act on your behalf.
If this has been useful please kindly click accept so that I may be rewarded for my time. It will be gratefully received and you will be free to ask follow up questions.Kind regards,Tom
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).