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Thomas
Thomas, Solicitor
Category: Family Law
Satisfied Customers: 7567
Experience:  UK solicitor
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Hi,I am enquiring for my partner.In 2015, I am planning to

Resolved Question:

Hi,I am enquiring for my partner.In 2015, I am planning to visit UK for a conference.I would like to bring my partner along with me then.He unfortunately has overstayed in the UK previously.Will he be allowed to re enter temporarily?
Submitted: 2 years ago.
Category: Family Law
Expert:  Thomas replied 2 years ago.
Hi,
Thanks for your question.
What nationality are you?
What nationality is your partner?
Are you married to your partner? If not, how long have you lived with your partner?
Kind regarsd
Customer: replied 2 years ago.

Both of us are Indian nationals however I immigrated to New Zealand.I am married to my partner but haven't lived with him for about 2 yrs now due to work reasons.I don't know if thats a problem.

A bit of background info:we got married in the UK during his overstay.So showing his relationship to me would highlight that fact.Its a bit of a complicated situation and Im trying to find a way where he can visit the UK again without being rejected for character reasons(overstay).

I actually had obtained the UKBA file on him based on the information act and there are no blackmarks against him.There doesn't seem to be any info on our marriage ceremony(in Gretna Green) or anything else other than his landing record and his first address in the UK.

Expert:  Thomas replied 2 years ago.
Okay.
How long did he overstay please?
Tom
Customer: replied 2 years ago.

7 yrs.

Expert:  Thomas replied 2 years ago.
Hi
Thank you for your question and patience, I’m Tom and I’ll try to help you.
Basically, because the overstay is longer than 90 days the home office has a general ground to refuse almost all visa applications that your husband might make. Although significant time has passed which may mean that a refusal is not mandatory (ie automatic) the home office is still allowed to take the overstay in to account in determining whether he is an immigration risk.
This basically means that they would almost certainly refuse his visit visa application.
They only way that you would ever be able to argue around this would be if he was able to argue that a refusal would be contrary to his human right to a family and private life. This argument is not applicable where he is applying to come with your for a visit for a few months, because you would only be separated for a very short period of time.
In short, the application might be considered but a rejection is very, very likely. To even have a hint of a chance he would have to instruct a solicitor to draft the application for him and even then the chances are still very low.
I really am sorry, but his overstay is a big problem for him
My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.
Kind regards,
Tom
Thomas, Solicitor
Category: Family Law
Satisfied Customers: 7567
Experience: UK solicitor
Thomas and other Family Law Specialists are ready to help you
Customer: replied 2 years ago.

What if,in the future,if I were to apply in a visa investor category that sort of allows me to immigrate as a person of high net worth?There are very few of these visas,I am aware which can give one sort of indefinite leave to remain.Through that,can I bring him as family?Rather than a temporary visa,will such permanent visas be considered?

Customer: replied 2 years ago.

Thank you for your answer.

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