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INC, Solicitor-Advocate
Category: UK Immigration Law
Satisfied Customers: 11825
Experience:  LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
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My English sons partner has unintentionally overstayed in Uk

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My English sons partner has unintentionally overstayed in Uk .
She is a student and has been in college 2 years,has been offered a place at university in Sept/Oct 2010.
After a visit to her home in USA she thought she could stay as a visitor 6 months and after 5 months applied for a visa as my sons partner which has been refused as an overstayer-to leave in 28 days
Her daughter (a minor) due to visit 2 months 14/7/2010.
What can she do now? Can she stay 2 months for daughter? Can she apply for student visa and stay (to go to university)
Mrs E Townend



If your sons partenr has overstayed her visa, she will have to return to the US. If she wishes to return as a Student, she will have to return to the US and make an application for a Tier 4 (Student) Visa from the US.


An alternative is that she makes an application for Judicial Review based on the Human Rights Act as she has a subsisting relationship with your son. This is an expensive and complex procedure and I would suggest instructing lawyers to do this for you.


I hope this answers your question. If so, kindly click accept.


If you wish to discuss, please feel free to ask further questions.


Kind regards,

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