Go Back   British Expats / Living & Moving Abroad / Moving back to the UK / Citizenship/Passports and Spouse/Family Visas (UK)

Reply
 
Thread Tools
Old Feb 8th 2018, 6:03 pm   #1
Just Joined
 
Joined: Feb 2018
Posts: 5
henrywiwi is an unknown quantity at this point
Default Overstayed 6 months in a year!! please help!

Thanks this is closed

Last edited by henrywiwi; Feb 8th 2018 at 6:08 pm. Reason: Removed thread
henrywiwi is offline   Reply With Quote
Old Feb 8th 2018, 8:10 pm   #2
Fun Sponge
Super Moderator
 
christmasoompa's Avatar
 
Joined: Oct 2007
Location: In a darkened room somewhere.............
Posts: 25,482
christmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond repute
Default Re: Overstayed 6 months in a year!! please help!

Quote:
Originally Posted by henrywiwi View Post
Thanks this is closed
It's not, only a mod can do that, but we can if you'd like. Sounds like you could do with some very sage advice from our forum members though, so are you sure you don't want to avail yourself of it? People like BritinParis are so knowledgeable and helpful.

If not then just let us know and we can close it for you.
christmasoompa is offline   Reply With Quote
Old Feb 13th 2018, 3:11 pm   #3
Just Joined
 
Joined: Feb 2018
Posts: 5
henrywiwi is an unknown quantity at this point
Default Re: Overstayed 6 months in a year!! please help!

Hi Please I wanted to open a new thread. This is the first time I write a forum requesting some advise.
henrywiwi is offline   Reply With Quote
Old Feb 13th 2018, 3:21 pm   #4
old age pensioner
Concierge
 
mikelincs's Avatar
 
Joined: May 2006
Location: ex ex-pat, in Seaton
Posts: 21,241
mikelincs has a reputation beyond reputemikelincs has a reputation beyond reputemikelincs has a reputation beyond reputemikelincs has a reputation beyond reputemikelincs has a reputation beyond reputemikelincs has a reputation beyond reputemikelincs has a reputation beyond reputemikelincs has a reputation beyond reputemikelincs has a reputation beyond reputemikelincs has a reputation beyond reputemikelincs has a reputation beyond repute
Default Re: Overstayed 6 months in a year!! please help!

Quote:
Originally Posted by henrywiwi View Post
Hi Please I wanted to open a new thread. This is the first time I write a forum requesting some advise.
Please just ask your question here, people will try their best to answer if you give the full details.
mikelincs is offline   Reply With Quote
Old Feb 13th 2018, 4:14 pm   #5
Just Joined
 
Joined: Feb 2018
Posts: 5
henrywiwi is an unknown quantity at this point
Default Re: Overstayed 6 months in a year!! please help!

Hi, I am a Malaysian and would like to apply for a UK spouse visa to join my partner in UK. We married since March 2017. I travelled to UK in mid June and stay for 2 months and 2 week. Then we went to Rome, Italy for our honeymoon for a long weekend. After that we back again to UK and I extend my stay to another 4 months 1 week until beginning of January 2018 for celebrating her birthday, Christmas and New Year.

Now I am planning to apply spouse visa at dated 8th March via priority service. Is it OK? Now the total I stayed in UK is 6 months and 3 weeks in a year will there be an issue to apply my visa.?

FYI. I am Malaysian passport holder and is visa free up to 6 months. Each visit to UK, I received the stay up to 6 months.

Can you please advise.

Thanks.
henrywiwi is offline   Reply With Quote
Old Feb 13th 2018, 4:26 pm   #6
Lt Col (Retd)
Premium Member
 
Pulaski's Avatar
 
Joined: Dec 2001
Location: Dixie, ex UK
Posts: 43,458
Pulaski has a reputation beyond reputePulaski has a reputation beyond reputePulaski has a reputation beyond reputePulaski has a reputation beyond reputePulaski has a reputation beyond reputePulaski has a reputation beyond reputePulaski has a reputation beyond reputePulaski has a reputation beyond reputePulaski has a reputation beyond reputePulaski has a reputation beyond reputePulaski has a reputation beyond repute
Default Re: Overstayed 6 months in a year!! please help!

You cannot apply for a spouse visa from within the UK. You will need to return to your home in Malaysia and apply from there. Whether or not you have overstayed, there is no way for you to obtain a spouse visa without leaving the UK to do so.
__________________
As quoted in the Grauniad.

Last edited by Pulaski; Feb 13th 2018 at 4:28 pm.
Pulaski is offline   Reply With Quote
Old Feb 13th 2018, 4:28 pm   #7
Premium Member
 
BritInParis's Avatar
 
Joined: Feb 2012
Location: Not in Paris
Posts: 9,344
BritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond repute
Default Re: Overstayed 6 months in a year!! please help!

No, you won't have an issue.
BritInParis is offline   Reply With Quote
Old Feb 13th 2018, 4:28 pm   #8
Lost in BE Cyberspace
 
DaveLovesDee's Avatar
 
Joined: Jul 2007
Location: Swansea, Wales
Posts: 15,053
DaveLovesDee has a reputation beyond reputeDaveLovesDee has a reputation beyond reputeDaveLovesDee has a reputation beyond reputeDaveLovesDee has a reputation beyond reputeDaveLovesDee has a reputation beyond reputeDaveLovesDee has a reputation beyond reputeDaveLovesDee has a reputation beyond reputeDaveLovesDee has a reputation beyond reputeDaveLovesDee has a reputation beyond reputeDaveLovesDee has a reputation beyond reputeDaveLovesDee has a reputation beyond repute
Default Re: Overstayed 6 months in a year!! please help!

Quote:
Originally Posted by henrywiwi View Post
Hi, I am a Malaysian and would like to apply for a UK spouse visa to join my partner in UK. We married since March 2017. I travelled to UK in mid June and stay for 2 months and 2 week. Then we went to Rome, Italy for our honeymoon for a long weekend. After that we back again to UK and I extend my stay to another 4 months 1 week until beginning of January 2018 for celebrating her birthday, Christmas and New Year.
So far, you say you've been a visitor to the UK for 6 months and 3 weeks. Have you now left the UK?

Quote:
Now I am planning to apply spouse visa at dated 8th March via priority service. Is it OK? Now the total I stayed in UK is 6 months and 3 weeks in a year will there be an issue to apply my visa.?
As I understand it, you are allowed to visit the UK for up to 6 months in any 12-month period. I also believe that as long as you leave no more than 28 days after the expiry date of any visa (including as a visitor), it's unlikely it will affect a future application (but as with everything the Home Office does, this may change). If you overstay more than 28 days and the Homer Office find out, it can be a 10yr ban.

Quote:
FYI. I am Malaysian passport holder and is visa free up to 6 months. Each visit to UK, I received the stay up to 6 months.

Can you please advise.

Thanks.
Up to 6 months. Minus any previous length of stay in the UK withing the previous 12 months.
__________________
If the EU has removed British sovereignty, name me one UK law imposed by the EU that has passed into UK law without the agreement of an elected UK politician.
#WeAreThe48%
DaveLovesDee is offline   Reply With Quote
Old Feb 13th 2018, 4:42 pm   #9
Premium Member
 
BritInParis's Avatar
 
Joined: Feb 2012
Location: Not in Paris
Posts: 9,344
BritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond repute
Default Re: Overstayed 6 months in a year!! please help!

Quote:
Originally Posted by DaveLovesDee View Post
As I understand it, you are allowed to visit the UK for up to 6 months in any 12-month period. I also believe that as long as you leave no more than 28 days after the expiry date of any visa (including as a visitor), it's unlikely it will affect a future application (but as with everything the Home Office does, this may change). If you overstay more than 28 days and the Homer Office find out, it can be a 10yr ban.

Up to 6 months. Minus any previous length of stay in the UK withing the previous 12 months.
That's not quite correct. The OP can apply for Leave to Enter as a visitor for up to six months every time he enters the UK. As a rule of thumb he may not be given Leave to Enter for the full six months or refuse entry altogether if the total time he has or plans to spend in the UK totals more than six months in any twelve month as he is less likely to be considered a genuine visitor if he is spending the majority of his time in the UK. Whether to grant Leave to Enter or not is at the discretion of the Immigration Officer.

He has been given Leave to Enter as a visitor for six months each time he has entered the UK and he has left before those six months are up then he's done nothing untoward.
BritInParis is offline   Reply With Quote
Old Feb 13th 2018, 4:44 pm   #10
Premium Member
 
BritInParis's Avatar
 
Joined: Feb 2012
Location: Not in Paris
Posts: 9,344
BritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond repute
Default Re: Overstayed 6 months in a year!! please help!

Quote:
Originally Posted by Pulaski View Post
You cannot apply for a spouse visa from within the UK. You will need to return to your home in Malaysia and apply from there. Whether or not you have overstayed, there is no way for you to obtain a spouse visa without leaving the UK to do so.
That's correct but I don't think the OP is in the UK.
BritInParis is offline   Reply With Quote
Old Feb 13th 2018, 4:48 pm   #11
Lost in BE Cyberspace
 
DaveLovesDee's Avatar
 
Joined: Jul 2007
Location: Swansea, Wales
Posts: 15,053
DaveLovesDee has a reputation beyond reputeDaveLovesDee has a reputation beyond reputeDaveLovesDee has a reputation beyond reputeDaveLovesDee has a reputation beyond reputeDaveLovesDee has a reputation beyond reputeDaveLovesDee has a reputation beyond reputeDaveLovesDee has a reputation beyond reputeDaveLovesDee has a reputation beyond reputeDaveLovesDee has a reputation beyond reputeDaveLovesDee has a reputation beyond reputeDaveLovesDee has a reputation beyond repute
Default Re: Overstayed 6 months in a year!! please help!

Quote:
Originally Posted by BritInParis View Post
That's not quite correct. The OP can apply for Leave to Enter as a visitor for up to six months every time he enters the UK. As a rule of thumb he may not be given Leave to Enter for the full six months or refuse entry altogether if the total time he has or plans to spend in the UK totals more than six months in any twelve month as he is less likely to be considered a genuine visitor if he is spending the majority of his time in the UK. Whether to grant Leave to Enter or not is at the discretion of the Immigration Officer.

He has been given Leave to Enter as a visitor for six months each time he has entered the UK and he has left before those six months are up then he's done nothing untoward.
Thanks BiP!
__________________
If the EU has removed British sovereignty, name me one UK law imposed by the EU that has passed into UK law without the agreement of an elected UK politician.
#WeAreThe48%
DaveLovesDee is offline   Reply With Quote
Old Feb 14th 2018, 2:11 am   #12
Just Joined
 
Joined: Feb 2018
Posts: 5
henrywiwi is an unknown quantity at this point
Default Re: Overstayed 6 months in a year!! please help!

Thanks everyone for the advise. Yes I am in my home country now and applying here.

Quote:
Originally Posted by BritInParis View Post
That's not quite correct. The OP can apply for Leave to Enter as a visitor for up to six months every time he enters the UK. As a rule of thumb he may not be given Leave to Enter for the full six months or refuse entry altogether if the total time he has or plans to spend in the UK totals more than six months in any twelve month as he is less likely to be considered a genuine visitor if he is spending the majority of his time in the UK. Whether to grant Leave to Enter or not is at the discretion of the Immigration Officer.

He has been given Leave to Enter as a visitor for six months each time he has entered the UK and he has left before those six months are up then he's done nothing untoward.
Thanks BIP. So the 6 months out of 1 year not relevant now? I heard a lot of people mentioned but never see this rule even check at the government website.


Should I list down all my trips in my cover letter? Should we write cover letter for each of us?

Last edited by henrywiwi; Feb 14th 2018 at 2:28 am.
henrywiwi is offline   Reply With Quote
Old Feb 14th 2018, 3:29 pm   #13
Premium Member
 
BritInParis's Avatar
 
Joined: Feb 2012
Location: Not in Paris
Posts: 9,344
BritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond repute
Default Re: Overstayed 6 months in a year!! please help!

Quote:
Originally Posted by henrywiwi View Post
Thanks BIP. So the 6 months out of 1 year not relevant now? I heard a lot of people mentioned but never see this rule even check at the government website.
No, because you never overstayed.

Quote:
Should I list down all my trips in my cover letter? Should we write cover letter for each of us?
Cover letters are a good idea although not mandatory. From memory you'll need to provide your travel history on the application form.
BritInParis is offline   Reply With Quote
Old Feb 14th 2018, 3:33 pm   #14
Just Joined
 
Joined: Feb 2018
Posts: 5
henrywiwi is an unknown quantity at this point
Default Re: Overstayed 6 months in a year!! please help!

Quote:
Originally Posted by BritInParis View Post
No, because you never overstayed.



Cover letters are a good idea although not mandatory. From memory you'll need to provide your travel history on the application form.
Thank you BIP. Hopefully my application is success.

Thanks again.
henrywiwi is offline   Reply With Quote
Old Feb 22nd 2018, 12:22 pm   #15
AG_222 
Forum Regular
 
Joined: May 2017
Posts: 37
AG_222 is an unknown quantity at this point
Default Re: Overstayed 6 months in a year!! please help!

henrywiwi, let us know your update pls.
AG_222 is offline   Reply With Quote
Reply

Go Back   British Expats / Living & Moving Abroad / Moving back to the UK / Citizenship/Passports and Spouse/Family Visas (UK)


Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off



All times are GMT. The time now is 5:56 am.


We are a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for us to earn fees by linking to Amazon.com and affiliated sites.
Powered by vBulletin: ©2000 - 2018, Jelsoft Enterprises Ltd.
© 1999-2010 BritishExpats.com