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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7481
Experience:  UK Lawyer holding practising certficate for England & Wales.
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I have just realised that I have overstayed my visa in the

Customer Question

I have just realised that I have overstayed my visa in the uk by 2 months. i am working in a professional job, married to a british citizen. it was an oversight. what should i do?
Submitted: 3 years ago.
Category: Immigration Law
Expert:  Thomas replied 3 years ago.
Hi,

What visa do you hold please?

Were there any reasons for the oversight?

Tom
Customer: replied 3 years ago.

I hold a spousal visa. My first visa was valid from 2009-2011. I then renewed this visa, which was valid from 2011-April 26 2013. We traveled to America early in April to visit family, and my husband's grandmother died in the UK while we were away. It was a stressful time, and I honestly didn't even think about it. I only realised it had expired last night when I was going through my wallet.

Expert:  Thomas replied 3 years ago.
Hi,

Thanks.

I take it that both you and your wife plan to remain in the UK working etc?

Tom
Customer: replied 3 years ago.

Ah yes. My husband is British, I am American. We do both plan to remain in the UK working and living.

Expert:  Thomas replied 3 years ago.
Hi

Thanks for your patience.

I’m afraid that it’s a difficult situation with no easy choice.

The rules on overstayers were tightened significantly last year. Please refer to Immigration Rule 284(iv) on the following link:-
http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/part8/spouses_civil_partners/

You will note that there is an eligibility requirement which states that you must not be in breach of the immigration rules. They do of course disregard overstay periods of 28 days or less, but yours is more than this.

This means that you do not meet the eligibility criteria to extend your leave. This means that the UKBA has a general ground to refuse your application for extension and would in all probability refuse an application that you sent to them.

To stand a chance you would have to instruct a solicitor to prepare the application and impress heavily in it the recent family difficulties that you have experienced and how this has been an exceptional pressure on your personal life which appears to have extended to your personal life and consequently cause this oversight.

You would be arguing that, in view of the personal difficulties, it would be disproportionate and unreasonable for them to expect you to return to the US to make another application which would be relatively swiftly approved.

If it were feasible it would probably be quicker to leave the UK and apply from the US with the above mitigation, but this may not be practically possible.

If you apply within the UK for the extensions then you might be okay in the end but you should be prepared for a bit of a fight with the UKBA on determination of the application and probably also on appeal.


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Kind regards,


Tom
Expert:  Thomas replied 3 years ago.



Is there any further information you require?

I just want to ensure that you are satisfied, so please let me know if you have any further queries on your position. Please remember to RATE my answer, if you are satisfied.

Kind regards,


Tom
Expert:  Thomas replied 3 years ago.
Is there any further information you require?

I just want to ensure that you are satisfied, so please let me know if you have any further queries on your position. Please remember to RATE my answer, if you are satisfied.

I do not receive any credit for the time I have taken to answer your questins unless you RATE my answer.

Kind regards,


Tom
Expert:  Thomas replied 3 years ago.
Is there any further information you require?

I just want to ensure that you are satisfied, so please let me know if you have any further queries on your position. Please remember to RATE my answer, if you are satisfied.

I do not receive any credit for the time I have taken to answer your questins unless you RATE my answer.

Kind regards,


Tom

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