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Overstayed with British partner

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

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, Administrator

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sha66ir
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Posts: 6
Joined: Tue Aug 09, 2016 2:33 pm

Overstayed with British partner

Post by sha66ir » Thu Nov 14, 2019 1:05 am

I am an overstayed whose partner is British.
She has a child from a previous relationship.
We have registered for marriage.

However her earnings is less than £18,600 per year and she is on benefits.

Is there any hope for us to live together in the U.K. and what application should I submit.

Thanks

hashim1
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Posts: 16
Joined: Mon Nov 11, 2019 5:25 pm
United Kingdom

Re: Overstayed with British partner

Post by hashim1 » Thu Nov 14, 2019 1:35 am

What country you from?

THO
- thin ice -
Posts: 538
Joined: Sat Feb 17, 2018 12:12 am
Vietnam

Re: Overstayed with British partner

Post by THO » Thu Nov 14, 2019 4:33 am

You stand 0% chance of remaining as it is. You cannot be married in the UK, since you do not have legal status to be here. Any marriage that takes place will not be valid. Besides, you don't even meet the financial criteria. There seem to be no grounds for you to stay.

Go back to your home country voluntarily, pay for your own ticket, get married legally, and then apply for the spouse visa.

Moderator edit : please post with respect. Anyone is free to ask for advice regardless if their circumstances.

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Casa
Moderator
Posts: 25817
Joined: Wed Jul 23, 2008 3:32 pm
United Kingdom

Re: Overstayed with British partner

Post by Casa » Thu Nov 14, 2019 8:07 am

When you mention that you have registered to marry, was this with a Home Office designated Registry Office? The Registrar is legally bound to notify the HO who can extend the notification period from 28 - 70 days in order to interview you both separately before the wedding can go ahead, should they choose to do so.

As you have overstayed, you risk being detained during the interview. Be aware that marriage won't give you any legal status in the UK.
(Casa, not CR001)
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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