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Advice needed: Pregnant partner who overstayed

Family member & Ancestry immigration; don't post other immigration categories, please!
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WayneTsang
Newly Registered
Posts: 1
Joined: Sun Jul 04, 2010 10:48 pm

Advice needed: Pregnant partner who overstayed

Post by WayneTsang » Sun Jul 04, 2010 11:09 pm

Hi all,

I am looking for some advice for my situation. My girlfriend who overstayed her UK vistor visa by 4 years just left to return home to Malaysia on her own accord and funds. The thing is, she is 3 months pregnant with my child when she left and I am a UK citizen. The main purpose that she left is that she wanted to have the baby in Malaysia as she is without status here in the UK. We were both crying in each others arms when she left this morning. I plan to travel to Malaysia to get married to her as soon as possible.

What I am looking for advice is, is there any hope of her coming back to the UK with my child to be together with me again on some sort of visa in the near future? What are the chances of a successful application to the UKBA considering she has overstayed?

Thank you for any advice. I already miss her so much and want to be together with her again.

Wayne
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ElenaW
Diamond Member
Posts: 1525
Joined: Wed Oct 07, 2009 11:14 am
Location: Back and forth between California and Norwich :D

Re: Advice needed: Pregnant partner who overstayed

Post by ElenaW » Sun Jul 04, 2010 11:14 pm

After you marry, apply for a spousal visa. Unless she's used false documents or lied in the past, overstay doesn't matter when it comes to applying through the family route. Just make sure you meet all the criteria and she will most likely be granted the visa.
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mochyn
Diamond Member
Posts: 1038
Joined: Wed Dec 09, 2009 10:02 pm

Post by mochyn » Tue Jul 06, 2010 6:06 pm

As Elena has said no problems with spousal visa as overstaying does not prevent the visa being issued but you need to get your act together so that she can be back here for the birth of the baby
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sapvish
Junior Member
Posts: 63
Joined: Tue Jun 29, 2010 4:01 pm

Post by sapvish » Tue Jul 06, 2010 7:47 pm

Is it possible to overstay for such long time when on a visit visa? Wil it not be a problem when you are returning bak to home country after such long gap..i mean wil the visa officers not question?

sorry for not addressing the real issue here... I was just thinking that if overstaying would have any impact when reapplying visa. Is it that simple?
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ElenaW
Diamond Member
Posts: 1525
Joined: Wed Oct 07, 2009 11:14 am
Location: Back and forth between California and Norwich :D

Post by ElenaW » Tue Jul 06, 2010 11:45 pm

sapvish wrote:Is it possible to overstay for such long time when on a visit visa? Wil it not be a problem when you are returning bak to home country after such long gap..i mean wil the visa officers not question?

sorry for not addressing the real issue here... I was just thinking that if overstaying would have any impact when reapplying visa. Is it that simple?
Yes it's that simple. It will take longer for the application to be processed but it will not be rejected because of an overstay in this situation.
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