my partner overstayed what is best way to try to get him bac

medinacurran · Post by **medinacurran** » Tue Jul 31, 2012 12:28 pm

my partner has overstayed for 7 years. 4 of which we have lived together. he was removed last month.
we have been told he is not banned from applying to come back as my partner. I am worried that as i am married to a south african we will be refused. or refused for the fact he was overstayer for so long.
he was not working in this time nor did he have false documents. neither of us has criminal record. He is from dominica. I am a uk born citizen.
i am applying for divorce but this will take time. What are the chances of him being refused apartner visa to come back to me. i am having trouble proving we lived together as he was not registered at doctor or dentist etc. due to his circumstances.
i have lots of statements from friends family and lots of photographic and video evidence of our relationship.
if i have to wait for divorce this is going to take months to apply for marriage/spouse visa.
i earn enough to support him and seem to cover all areas except evidence of living together.

Post by **Lucapooka** » Tue Jul 31, 2012 12:43 pm

A partner application will not be subject to ban but you can't make a fiancee-settlement application until you have, at the very least, the decree nici from your on-going divorce.

Aside from the ban that should be waived, there are discretionary refusals that may be applied to a person with a poor immigration history. There are waived for settlement applications in the same was as statutory bans.

http://www.bia.homeoffice.gov.uk/policy ... /rfl/rfl7/

medinacurran · Post by **medinacurran** » Tue Jul 31, 2012 1:12 pm

do you think it would be better to wait until i get a divorce and then apply for fiancee or marriage visa.
what do you think chances of refusal would be if we applied for partner one

Post by **Lucapooka** » Tue Jul 31, 2012 1:14 pm

It would be better to wait for the divorce. Whether it is a fiancee visa or a marriage visa depends on if you are already married to him when he applies. Do you intend to marry outside the UK or inside? Without knowing his intimate history it's really not possible to predict the outcome of a 320(11) refusal.

medinacurran · Post by **medinacurran** » Tue Jul 31, 2012 1:21 pm

i would rather marry him here but would go there if it meant we had a btter chance. this is his only bad history of immigration if that is what you mean of him overstaying, he has no other immigration history. is that what you mean by intimate history?

Post by **Lucapooka** » Tue Jul 31, 2012 1:26 pm

It will not matter, with regard to the application of the rules, if you married or intend to marry. The requirements are basically the same.

By intimate history, I mean all of the various activities he has engaged in while in the UK for a very long time, and if any of those fit the purpose for a 320(11) refusal. We don't know anything about him so can't say if he will or will not be subject to this type of refusal.

medinacurran · Post by **medinacurran** » Tue Jul 31, 2012 1:28 pm

he has not claimed any benefits i supported him he has no nhs bills or any of the other that i can see. the worst part is fact he overstayed for 7 years, no other rules broken.

medinacurran · Post by **medinacurran** » Tue Jul 31, 2012 1:33 pm

the main activity was out relationship. he benefitted in no other way being in the uk. with work or anything else. he gained nothing except my love for him.

Post by **Lucapooka** » Tue Jul 31, 2012 2:02 pm

You can't predict or mitigate 320(11) refusals. I think all you can do is apply (when ready) and see what happens.

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my partner overstayed what is best way to try to get him bac

my partner overstayed what is best way to try to get him bac