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Overstaying Visitor Visa


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#1 Annabella01

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Posted 22 November 2012 - 02:08 PM

Hi, I'm in need some help with my partners immigration process so if anyone can help me please, please do! My partner came to the uk in feb 11 to join the British army however due to having a hernia this had to be postponed. He was advised to extend his visa but this was refused, we then appealed against this on the grounds of human rights as we got engaged in nov 11. This was again refused. We have been waiting for his passport to be returned and this has mow made him an overstayer. We are now expecting him to return to Fiji and be issued with the one year ban. My questions are, if he is banned for a year will it make it harder for him to return to the uk? If we marry in Fiji will this make it easier for him to return sooner? Is there anything else we could do eg apply for another visa in the uk to prevent him returning to Fiji or is this now impossible? Please help us, we are struggling to understand the implications and immigration laws. Thankyou



#2 Gentleman of Leisure

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Posted 22 November 2012 - 02:16 PM

If he applies for settlment (from Fiji) a ban for overstaying would not apply.

#3 Annabella01

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Posted 22 November 2012 - 02:37 PM

Thankyou for replying.

Do we need to be married in Fiji to do this? Or will that make no di

#4 Annabella01

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Posted 22 November 2012 - 02:54 PM

Thankyou for replying.

Do we need to be married in Fiji to do this? Or will that make no difference?
Do you no what the chances are of it happening and him not having to stay for the ban?

#5 Susi

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Posted 22 November 2012 - 02:57 PM

He can marry here but will have to return to Fiji to apply for a spouse visa to re-enter. Can you meet the new financial requirement of minimum annual earnings of £18,600?

#6 Annabella01

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Posted 22 November 2012 - 03:09 PM

yes i meet the requirements, however was told he could not marry in the UK while his visa was undecided then refused???

#7 Susi

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Posted 22 November 2012 - 04:15 PM

He can. The requirement for a Certificate of Approval from the Home Office in order to marry in a registry office has been removed.




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