Post
by ilm » Mon Oct 09, 2006 11:58 am
Many have done so and been successful in getting a spouse visa, including my wife.
Being an overstayer is not a reason that they can reject a visa application but lying on the application form is. I am not alone in advising that anyone applying for a uk visa should be completely honest on their application form.
Obviously being an overtayer doesn't look good though and will bring doubt your application. This just means you have to ensure your application is very well prepared, especially when demonstrating that 'the marriage/civil partnership is subsisting and each of the parties intend to live permanently with the other as his or her spouse/civil partner;' .
You UK employment history should help though with showing that, 'the parties will be able to maintain themselves and any dependants adequately without recourse to public funds.'
Other cases on this on this forum is of overstayers that are failed assylum seekers. I would be interested to hear from those who have successfully applied who have overstayed but not as assylum seekers. Although it would appear it is the same thing many assylum seekers waited along time for applications to be rejected and then they were not formally told to leave the country.
I personally don't see that there should be any difference but it would be good to hear about a successful case where the applicant was not an assylum seeker.
