New spouse visa application
 

Hi all,

I’ve just joined this site since I’ve found it over the last few days. It’s answered some questions which has been really helpful so I’ll avoid asking the same as others. Apologies for the long note…

My partner came to the uk on a study visa, she has now returned home to her home country this and I will be joining her for a few weeks to get married & apply for a spouse visa.

However she did overstay, despite returning back to her home country by choice rather than being asked by the home office. There is a question in the spouse visa application that asks for explanation on why she overstayed. The truth being there is little economic opportunities back home for her, it’s also not the safest place to live though it wouldn’t be considered somewhere you’d seek refuge from. Although we’d expand on this, would this be considered sufficient or could this be a serious stumbling block?

One last question. We first met during the period of her overstaying her visa, will this be an issue? We do have plenty of evidence of spending time together, trips around the UK, photos, messages etc. I’ll also have a tenancy agreement with her name attached for when she returns to the UK.

thanks so much in advance!

Re: New spouse visa application
 

How long did she overstay for? Is the Home Office aware at all or did she simply return home?

Re: New spouse visa application
 

Thanks for your reply, I typed a response straight away but posted with a link and hadn’t realised the post was not allowed!

she overstayed for 18 months and returned voluntarily. Since posting I have spoken to a free UK legal advice service and have said for spouse visa it’s more or less ignored but it should be addressed in the application.

From a legal advice website I have found the below:

One other powerful option is available if you have a British relative. If you are either the partner or the parent of a British citizen, you will be able to circumvent the ban and settle as such. This is an ideal situation for many who have had a relationship or raised a family during their time in the UK and is certainly the option to consider if it is open to you. If you wish to discuss this, call today and speak to a member of our team who will be happy to give you the advice that you need to settle.

reading between all the lines it seems we should be safe, I just thought it would be helpful to check any other previous experiences or advice.

Thanks again.