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Senior Partner
Senior Partner, Solicitor
Category: UK Immigration Law
Satisfied Customers: 13325
Experience:  Solicitor
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Hi, My question is that my freinds wife is from india and he

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Hi, My question is that my freinds wife is from india and he is a british citizen (born in the UK) She is in U.K on a marriage VISA. Which has ran out after 2 years in august. They was meant to apply for a permanent residency visa in the uk in august but because of circumstances they was not able to do so. So now the question is: Can she still apply for permenent residence from the u.k and what the best way of doing this is??? Thanks
Submitted: 6 years ago.
Category: UK Immigration Law
Expert:  Fran-mod replied 6 years ago.

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Expert:  Senior Partner replied 6 years ago.
Do you still want a reply?
Customer: replied 6 years ago.
Yes Please
Expert:  Senior Partner replied 6 years ago.
By remaining after her leave has expired the wife does not actually comply with the requirement of the immigration rules. for an extension so she can be refused. I would apply anyway however as the Border Agency has a discretion and if they can satisfy all the other requirements they may allow the application . If she is refused she can still leave the country and apply for a spouse visa from India ( or wherever else she can go). An overstayer is not barred from reapplying immediately in the Spouse category ( unlike other overstayers who cannot apply for an new visa immediately) However as she is an overstayer she will not have an automatic appeal against a refusal in the UK . She could appeal on human rights grounds but it may be easier and cheaper to reapply. However in either case it is very important that she and her husband can show that they meet all the other requirements abut means accommodation etc.
Customer: replied 6 years ago.
Thank you. One last question can she apply for spouce visa directly? (another 2 years visa) rather then applying for permenant residency directly. If soo do they apply through british or indian high commision if it can be done can she do it from uk or does she have to do form india??

thank you
Expert:  Senior Partner replied 6 years ago.
She should not need another spouse visa if she applies for settlement. If she is going to do that then she should do that from india. My suggestion was that she try first for an extension of leave to remain in the uk and if that fails go to india and apply for another spouse visa
Senior Partner, Solicitor
Satisfied Customers: 13325
Experience: Solicitor
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