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Thomas, Lawyer
Category: UK Law
Satisfied Customers: 7617
Experience:  BA (Hons), PgDip, Practising Solicitor
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i have overstayed 6 years in the usa and applying for a settlement

Resolved Question:

iam a national of st lucia i have overstayed 6 years in the usa and returned back to my country of origin earlier this year > I am now applying for a settlement visa to join my spouse in the the uk. i currently reside in st lucia and my spouse is a british citzen, hence my settlement application
Submitted: 7 years ago.
Category: UK Law
Expert:  Thomas replied 7 years ago.

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



Edited by Thomas on 9/10/2010 at 1:25 PM EST
Customer: replied 7 years ago.
i've been on a tourist visa in the usa> i over stayed there because i tried to come visit my then g/f from usa whilst i was on holiday in 2004 in the uk but was refused entry because they said it didnt seem like i would return back to my country> i stayed because it was easy to keep in contact with her and she was able to visit me more frequently. she is residing in the uk> a memeber of HM Forces
Expert:  Thomas replied 7 years ago.



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?



Customer: replied 7 years ago.
hi i not sent the application but i filled out most of it i have disclosed the dates i spent in the usa on the form
Expert:  Thomas replied 7 years ago.

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)

  • 2. That your spouse is present and settled in the UK (property records - tenancy agreements, Land registry office copies, other records of your life here, council tax bills etc.
  • 3. You have met before (statements, correspondence)
  • 4. You intend to live permanently together here in the UK as husband and wife (statements, evidence of her (statements about your relationship from you both and any others, correspondence)
  • 5. You can support each other withoutthe need for public funds (bank statements, evidence of income, evidence of jobs available that your husband could do)
  • 6. You have suitable accomodation which is owned or lived in only by you or your household and where you and your dependents can live without any help from public funds (tenancy agreement, land registry docs if you your own home)
  • 7. That neither of you are younger than 21 years of age. (birth certificates, passports)

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,




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