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Buachaill
Buachaill, Barrister
Category: Immigration Law
Satisfied Customers: 10189
Experience:  Barrister 17 years experience
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My partner in the uk has overstayed he will be going back to

Customer Question

Hi my partner in the uk has overstayed he will be going back to India and I will join him to get married. Do you know if he can come back or will he be banned from coming back to the U.K.
Submitted: 4 months ago.
Category: Immigration Law
Expert:  Buachaill replied 4 months ago.

1. There is no hard and fast rule that overstayers will not be allowed to re-enter the country. It is a matter for the discretion of Immigration & Visas. Normally, it will only prejudice an application if the person has overstayed to a large extent. Minor infractions of the visa period generally don't result in subsequent visa applications being refused. The law states that the Home Office may refuse a visa on the ground of previous breach of visa conditions. However, it is only a discretion. There is no requirement that it be exercised. So, if you get married to your partner and he subsequently applies, as your spouse, to accompany you to enter the UK, his visa application will be looked at in the light of the fact he is now married and part of a settled family unit. The fact he overstayed will merely be a factor to be taken into consideration. It will not be decisive.

Expert:  Buachaill replied 4 months ago.

2. Please Rate the answer as unless you Rate the answer your expert will receive no payment for answering your question.

Customer: replied 4 months ago.
there is a chance he can come back because a solicitor told me he will be banned for 1 year from coming back
Expert:  Buachaill replied 4 months ago.

3. There is no hard and fast rule banning him, unless he was served with a deportation order. The new visa application will be determined on the basis of all the facts before the Home Office, not the fact he overstayed. There is no automatic ban for overstaying. That is not correct.

Customer: replied 4 months ago.
Another question how much is the salary to show income I think it's 18,600 but I earn 18,00 only so what can I do
Expert:  Buachaill replied 4 months ago.

4. If you are that close to the 18,600 limit, I would suggest you get yourself a part-time job to increase your income above the necessary threshold. Essentially, the test takes no account of how many hours you work. It only looks at gross income. However, you need to be sure that the employer fully declares your income and you pay tax on it, so it is available to be taken into account.

Expert:  Buachaill replied 4 months ago.

5. Please Rate the answer as unless you Rate that answer your Expert receives no payment for answering your question.

Customer: replied 4 months ago.
What documents do I need all together?
Expert:  Buachaill replied 4 months ago.

6. Documents for what? If you are talking about your income level, you simply need your tax return forms which show your gross income as being in excess of 18,600.

Customer: replied 4 months ago.
I mean all required documents
Expert:  Buachaill replied 4 months ago.

7. All required documents for what???

Customer: replied 4 months ago.
For all the paperwork to start an application in India after the wedding
Expert:  Buachaill replied 4 months ago.

8. I would advise you to file a separate question for that topic and include in it all your personal details which are relevant to the making of an application.

Expert:  Buachaill replied 4 months ago.

9. Please Rate the answer.

Customer: replied 4 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Buachaill replied 4 months ago.

10. I regret that i don't provide the Live Phone Call Service. Another expert will have to provide that service to you. However, please Rate the answer given to date as this is separate.

Customer: replied 4 months ago.
I was wondering if the annual salary is my p60? Or do the home office calculate my 6 months pay slips
Expert:  Buachaill replied 4 months ago.

11. I see you have filed this question as a separate question, which was the correct thing to do. However, you still haven't paid for the answer to this question and rated the answer.

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