British Expats

British Expats (https://britishexpats.com/forum/)
-   Citizenship/Passports and Spouse/Family Visas (UK) (https://britishexpats.com/forum/citizenship-passports-spouse-family-visas-uk-196/)
-   -   Overstayed 6 months in a year!! please help! (https://britishexpats.com/forum/citizenship-passports-spouse-family-visas-uk-196/overstayed-6-months-year-please-help-908973/)

henrywiwi Feb 8th 2018 5:03 pm

Overstayed 6 months in a year!! please help!
 
Thanks this is closed

christmasoompa Feb 8th 2018 7:10 pm

Re: Overstayed 6 months in a year!! please help!
 

Originally Posted by henrywiwi (Post 12437820)
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.

henrywiwi Feb 13th 2018 2:11 pm

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.

mikelincs Feb 13th 2018 2:21 pm

Re: Overstayed 6 months in a year!! please help!
 

Originally Posted by henrywiwi (Post 12441157)
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.

henrywiwi Feb 13th 2018 3:14 pm

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.

Pulaski Feb 13th 2018 3:26 pm

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.

BritInParis Feb 13th 2018 3:28 pm

Re: Overstayed 6 months in a year!! please help!
 
No, you won't have an issue.

DaveLovesDee Feb 13th 2018 3:28 pm

Re: Overstayed 6 months in a year!! please help!
 

Originally Posted by henrywiwi (Post 12441208)
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?


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.


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.

BritInParis Feb 13th 2018 3:42 pm

Re: Overstayed 6 months in a year!! please help!
 

Originally Posted by DaveLovesDee (Post 12441222)
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 Feb 13th 2018 3:44 pm

Re: Overstayed 6 months in a year!! please help!
 

Originally Posted by Pulaski (Post 12441220)
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.

DaveLovesDee Feb 13th 2018 3:48 pm

Re: Overstayed 6 months in a year!! please help!
 

Originally Posted by BritInParis (Post 12441230)
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!

henrywiwi Feb 14th 2018 1:11 am

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.


Originally Posted by BritInParis (Post 12441230)
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?

BritInParis Feb 14th 2018 2:29 pm

Re: Overstayed 6 months in a year!! please help!
 

Originally Posted by henrywiwi (Post 12441597)
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.


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.

henrywiwi Feb 14th 2018 2:33 pm

Re: Overstayed 6 months in a year!! please help!
 

Originally Posted by BritInParis (Post 12441939)
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.

AG_222 Feb 22nd 2018 11:22 am

Re: Overstayed 6 months in a year!! please help!
 
henrywiwi, let us know your update pls.


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