How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask UKSolicitorJA Your Own Question
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
Type Your Law Question Here...
UKSolicitorJA is online now

My partner had entered the uk on a student visa and he had

Customer Question

My partner had entered the uk on a student visa and he had overstayed by three years. I met him in October 2014 and we booked a marriage registration on the 18th of February. This was three years after he overstayed Unfortunately the immigration took him from the reg office and detained him here. He has now gone back on a voluntary departure basis where I paid for his ticket. He has gone back on a removal basis and has a one year re entry ban. I am now applying for a fiancé application I have all the requirements met however I am worried about if he can Defiantly come back due to the fact that he previously overstayed. I have all the documentation and proof and I meet the threshold too. Please can you advise me.
Submitted: 2 years ago.
Category: Law
Expert:  UKSolicitorJA replied 2 years ago.

The mandatory 1 year ban will not apply to him if he applies for a fiancee visa.

Hope this helps
Customer: replied 2 years ago.
Ok that's great does this mean him overstaying on his previous visa will not affect the fiancé visa? And is that because I'm applying for him.
Expert:  UKSolicitorJA replied 2 years ago.
Yes it will not affect his fiancee visa. This is because he is applying for a fiancee visa. The same applies were he to apply for a spouse visa)

All the best
Customer: replied 2 years ago.
I'm applying for the fiancé visa from here so I'm sponsoring him. But I guess it's the same thing right?
Expert:  UKSolicitorJA replied 2 years ago.

All the best. Please leave feedback
Customer: replied 2 years ago.
Defiantly I will also the fact that he was removed by the immigration it would not affect it either? I mean he was taken and caught at the reg office so would this work in Favour for him or not?
Expert:  UKSolicitorJA replied 2 years ago.
He left the UK voluntarily at his own expense ( paid by you) so that is why he got a 1 year ban. This ban will not apply as he is now applying for a fiancée visa to come back to the UK.
Hope this clarifies
Customer: replied 2 years ago.
Yh that's right but he was still caught and detained by the immigration so he was removed from this country that's why I'm asking if it's still ok?
Customer: replied 2 years ago.
Relist: Other.
Offline need an answer ASAP
Expert:  UKSolicitorJA replied 2 years ago.
Yes, it is still okay even if was caught and removed by immigration. The ban will not apply.

All the best