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previous overstayer any advice please

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Lira
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previous overstayer any advice please

Post by Lira » Mon Aug 11, 2014 7:11 pm

I have been living in the uk for 12 years. The first 2-3 years I had legal visa and there after I overstayed my visa. In 2012 I met by boyfriend who is a British citizen. In February 2014 we went on holiday on our return I was detained although they gave me a few days to go home pack and finalise my things in which I did. On the 20 February I returned to south Africa adding to that I purchased my return ticket.

My boyfriend has visited me in south Africa. We will be getting married in the next few months. My questions are:
1. Financial requirements: do we need to show the 6months bank statements of saving?
2. Will I have difficulty in acquiring a spousal visa with my previous immigration history?

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Casa
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Re: previous overstayer any advice please

Post by Casa » Mon Aug 11, 2014 7:15 pm

Your fiance needs to submit the last 6 months of payslips showing annual earnings of at least £18,600. If you meet this minimum level of earned income you don't need to show savings.
Your time spent illegally shouldn't cause a refusal for a spouse visa application as long as you didn't 'frustrate immigration rules' i.e work with false documents, use NHS facilities, claim Public Funds to which you weren't entitled etc.
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Obie
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Re: previous overstayer any advice please

Post by Obie » Mon Aug 11, 2014 7:17 pm

You should not. The overstay will not result in a ban, but you will need to disclose it.

Yes you need to show earning over a 6 months period.
Smooth seas do not make skilful sailors

Lira
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Re: previous overstayer any advice please

Post by Lira » Mon Aug 11, 2014 8:00 pm

Thank you for the response. I did work during that period should I declare this on my application?

Amber
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Re: previous overstayer any advice please

Post by Amber » Mon Aug 11, 2014 8:48 pm

You were working illegally?
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Lira
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Re: previous overstayer any advice please

Post by Lira » Mon Aug 11, 2014 9:03 pm

Yes. Also went to university and completed a degree.

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Casa
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Re: previous overstayer any advice please

Post by Casa » Mon Aug 11, 2014 9:12 pm

How did you manage to submit the relevant documents for employment and university?
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Re: previous overstayer any advice please

Post by Amber » Mon Aug 11, 2014 9:23 pm

Breaching immigration rules could be considered frustrating the rules under 320(11).
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Lira
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Re: previous overstayer any advice please

Post by Lira » Mon Aug 11, 2014 9:40 pm

Does that mean the visa could be refused. Is the anyway I could show that for having a degree I will contribute to my the community as we economically?

Wanderer
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Re: previous overstayer any advice please

Post by Wanderer » Mon Aug 11, 2014 9:41 pm

Lira wrote:Yes. Also went to university and completed a degree.
Did you use false documents/identity?
An chéad stad eile Stáisiún Uí Chonghaile....

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Casa
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Re: previous overstayer any advice please

Post by Casa » Mon Aug 11, 2014 9:48 pm

Read through the Immigration Rules on reasons for entry officers to issue a refusal.
https://www.gov.uk/government/publicati ... raph-32011
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Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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Frontier Mole
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Re: previous overstayer any advice please

Post by Frontier Mole » Tue Aug 12, 2014 10:27 am

Given the information supplied so far there is every reason to suspect you will be refused a spouse visa.
It is clear by your lack of comment you have accessed public funds, no doubt used the HHS, worked illegally and more than likely used deception along the way if not out and out false documents.
Perhaps your husband to be might be better off considering.South Africa as his new aboad or some other EEA state.

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