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Waleed Hassan
Waleed Hassan, Immigration Solicitor
Category: Immigration Law
Satisfied Customers: 66
Experience:  I have extensive knowledge in Immigration, Nationality and Asylum law and have had conducted in lead cases.
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My husband is from Mauritius, me from Romania. He overstayed

Resolved Question:

Hello. My husband is from Mauritius, me from Romania. He overstayed here for 2 years while we have been as boyfriend and girlfriend than we went to my country and got married this year now we want him to come back to UK as I work here. We apllied fir a family permit which war rejected as we didn t Submit enough photografs of us being togheter before and after the maridge, I had no idea that's needed. Now being from a Comonwealth country I know he doesn t need visa to come and visit his wife, but by just getting a flight to London will he have problems in passing imigration for the fact that he overstayed or for the fact that the family permit was rejected??
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Waleed Hassan replied 1 year ago.

Hi, thank you for the question, and I shall try and assist you as much as I can.

You are right, as your partner is from Mauritius, he can travel to the UK visa-free, However, he must have the intention to return to his country within six months of entry.

There is a strong possibility that he may get refused entry by an immigration officer on the basis that he has previously overstayed and that he has no intention to return to his country. Also, that as his family permit has been refused it may show that he has no intention to return as he wants to be with you in the UK.

If somehow, your partner passes through immigration, then he can apply for a residence card in the UK as long as he meets the criteria under the EEA regulations.

Or, you can re-apply for a family permit from Mauritius and ensure that you provide as much evidence as possible to support the application.

Thank you for your question, and I would be grateful if you would kindly rate my answer.

Regards

Customer: replied 1 year ago.
Hello, thank you for your answer , should I travel along with him ? Do you think is better ?
Expert:  Waleed Hassan replied 1 year ago.

Hi,

As you have both have the intention to live in the UK, this is one option. But be aware that an interview can be conducted by the officer at the airport, and you should be given the opportunity to prove that he is your family member. Please note, to prove he is your partner, you need to show that you are either married or that you have been continuously in a relationship for two years.

Please do not forget to rate my answer.

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