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Thomas, Lawyer
Category: UK Law
Satisfied Customers: 7617
Experience:  BA (Hons), PgDip, Practising Solicitor
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I am an American citizen. I entered the UK to join my husband

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I am an American citizen. I entered the UK to join my husband who is a UK citizen. I had a leave to enter visa for six months but have over-stayed. I have been in the YK for three years. I want to apply for a proper visa. Please advise. Thank you.



What was the reason for your overstay following on from your original visa?


Kind regards,



Customer: replied 6 years ago.


To stay with my husband who lives here.








I assume that you wish to apply for a spouses visa (ie. settlement) in order to secure your permanent stay here with your husband.


This being the case the UKBA will not entertain any application you make from inside the UK on this basis. They will refuse it and you will be forced to return home to make the application from there. This is what you will have to do if you want to regularise your stay in the UK.


The overstay in and of itself is not grounds for a refusal of any application for a spouses visa in accordance with the application for Immigration Rule 320:-

This means that provided your application contains no other defects then they cannot refuse on the basis of the overstay alone. The UKBA have ceased refusing on this ground alone because of the Article 8 Right to Family and Private life arguments made.


You cannot employ same argument to argue that your application from within the Uk should be allowed because the UKBA holds that you are not prevented from making an application because you can do it from your home country.

I would advise taking the documentary evidence you have of your time here to a local immigration solicitor and asking them to give a specific appraisal of the merits of your application. You can then instruct them to prepare an application for you to submit directly to the UK embassy once you have returned home.


You can find local solicitors here:-


I'm sorry it could not be better news.


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Kind regards,


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