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Overstayer Marrige Visa Options inc Article 8

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

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danielmarriott82
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Overstayer Marrige Visa Options inc Article 8

Post by danielmarriott82 » Wed Oct 17, 2012 12:43 pm

Firstly i want to thank everyone for reading this. My name is Daniel i am 30 and my fiancee is 33. I am a UK citizen and she is Jamacian. We met 9 months ago and today i asked her to marry me and she said yes :-).

She has been in the coutnry legally for 9 1/2 years on various Student visa's and is currently living with her cousin, cousins husband and 2 kids whom she looks after whislt her cousin and cousins husband is at work.

She currently has overstayed her visa by 6 months. She hasnt got much family in Jamacia that she is still in contact with and has been living with her cousin the whole 9 1/2 years. She has made her life in the UK and doesnt want to go back to Jamacia where she has no close family or ties.

I am 33 single never married no criminal record and earn £23,000 as a IT support engineer I own my own flat and beleive i can support us both without any public funds.

My question is can article 8 be used in this situation to allow us to marry in the UK and for her not to have to leave the country as we are petrified if she leaves then we will never be together again.

She knows overstaying was wrong but we had just started dating and were in love so she stayed for me.

harv
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Post by harv » Wed Oct 17, 2012 12:50 pm

Congratulations!

Just thought to congratulate you, although I do not have any useful answer for your benefit. Hopefuly you will get good feedback on your queries by other forum members.
Feb 2012 - Spouse Visa - New Delhi
Mar 2012 - Documents collected - VISA Granted
March 2014 - ILR Granted
Apr 2015 - Applied for Naturalisation
Nov 2015 - Naturalised

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Casa
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Post by Casa » Wed Oct 17, 2012 2:16 pm

Since the 9th July the rules regarding an overstay are a lot tougher. The quickest option would be for her to return to Jamaica and apply for a spouse visa from there. If you attempt to take the Article 8 route you're probably looking at several years in 'limbo' while you wait for a decision with no guarantee of success.

danielmarriott82
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Post by danielmarriott82 » Wed Oct 17, 2012 2:56 pm

thanks for the advsie Casa how long does a spousal visa application take to process

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Casa
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Post by Casa » Wed Oct 17, 2012 3:33 pm

Estimated processing time in Jamaica is currently 60 days...but this is guideline only.

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