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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Immigration Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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Hi I am a britiah citizen and just got married to a girl

Resolved Question:

Hi
I am a britiah citizen and just got married to a girl who overstayed in uk for about good 8 years but we went back home to get married as i was advised to do so. I will sponsor her next month and admit her file.
Will they refuse her application based on that she overstayed in uk even though i complete all the other requirements to sponsor a spouse?
I am worried.
Submitted: 3 years ago.
Category: Immigration Law
Expert:  UKSolicitorJA replied 3 years ago.
Hello,

The good news is that she will not be refused a spouse visa based on her overstaying in the UK as she is married to you, a British citizen.

Her exemption from the ban for overstaying is set out in Paragraph 320 (7C) of the Immigration Rules.

Hope this helps
Customer: replied 3 years ago.

Would you pls send me the link for the paragraph you mentioned? Does it mean she will be ban even though if she volunteerly left uk?


Thanks

Expert:  UKSolicitorJA replied 3 years ago.
She will not be banned as she is the spouse of a British Citizen.

See page 15 of this document: 320(7C): https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/231218/0607.pdf

All the best
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