Tier 1 Dependant: Previously Overstayed Tourist Visa

[jdzappy]

I'm a Tier 1 (General) visa holder, about to apply for my dependant partner. He previously was in the UK (4 years ago). Following is an outline of his stay in England:

- arrived as a tourist (didn't need a visa), granted 6 months.

- just before expiration of 6 months, filed to change to student visa. it was a completely bona fide application; he was accepted to and fully intended to study at that university.

- after many months' wait, student visa denied (due to technicality). he appealed decision.

- after many more months' wait, appeal denied. received a letter from Home Office requiring him to leave UK.

- he waited 2 more months before leaving UK.

He has visited the UK (and many other countries around the world) for holiday every year since then and has had no trouble getting in, apart from being temporarily pulled aside at Heathrow and questioned for a few hours once. When asked about the past visit, he simply tells them what happened and they let him in, although they ask him a lot of questions. On the last trip, the officer at the airport told him that every time he enters and exits the UK, each successive entry will be easier and easier.

Should we anticipate any problems with the Tier 1 Dependant application? We're requesting a copy of his file from the Home Office (Freedom of Information Act) in the meantime.

Thanks for any feedback!

[mvent00]

Your dependent partner should explain this in the application form, with all the details you mentioned here. I hope the application would be fine. When you are awaiting decision from HO for your visa application, you are not required to leave UK, until/unless they ask you to leave. Anyway, your partner must explain it in the Tier 1 dependent application.

I'm a Tier 1 (General) visa holder, about to apply for my dependant partner. He previously was in the UK (4 years ago). Following is an outline of his stay in England:

- arrived as a tourist (didn't need a visa), granted 6 months.

- just before expiration of 6 months, filed to change to student visa. it was a completely bona fide application; he was accepted to and fully intended to study at that university.

- after many months' wait, student visa denied (due to technicality). he appealed decision.

- after many more months' wait, appeal denied. received a letter from Home Office requiring him to leave UK.

- he waited 2 more months before leaving UK.

He has visited the UK (and many other countries around the world) for holiday every year since then and has had no trouble getting in, apart from being temporarily pulled aside at Heathrow and questioned for a few hours once. When asked about the past visit, he simply tells them what happened and they let him in, although they ask him a lot of questions. On the last trip, the officer at the airport told him that every time he enters and exits the UK, each successive entry will be easier and easier.

Should we anticipate any problems with the Tier 1 Dependant application? We're requesting a copy of his file from the Home Office (Freedom of Information Act) in the meantime.

Thanks for any feedback!

[OrestGSM]

Any news? di you get visa?

Your dependent partner should explain this in the application form, with all the details you mentioned here. I hope the application would be fine. When you are awaiting decision from HO for your visa application, you are not required to leave UK, until/unless they ask you to leave. Anyway, your partner must explain it in the Tier 1 dependent application.

I'm a Tier 1 (General) visa holder, about to apply for my dependant partner. He previously was in the UK (4 years ago). Following is an outline of his stay in England:

- arrived as a tourist (didn't need a visa), granted 6 months.

- just before expiration of 6 months, filed to change to student visa. it was a completely bona fide application; he was accepted to and fully intended to study at that university.

- after many months' wait, student visa denied (due to technicality). he appealed decision.

- after many more months' wait, appeal denied. received a letter from Home Office requiring him to leave UK.

- he waited 2 more months before leaving UK.

He has visited the UK (and many other countries around the world) for holiday every year since then and has had no trouble getting in, apart from being temporarily pulled aside at Heathrow and questioned for a few hours once. When asked about the past visit, he simply tells them what happened and they let him in, although they ask him a lot of questions. On the last trip, the officer at the airport told him that every time he enters and exits the UK, each successive entry will be easier and easier.

Should we anticipate any problems with the Tier 1 Dependant application? We're requesting a copy of his file from the Home Office (Freedom of Information Act) in the meantime.

Thanks for any feedback!