Staying in the UK

Whew!  [smiley=sunny.gif]

If I get a new passport and get married to my British partner here in the states then what would be my next point of action?

Not sure why you need a new passport, but if you marry your British partner there, you then need to apply for the FLR(M) visa. See the links to visas and such on the main UKY homepage and the related threads in the forum. Applying for the FLR does not mean they won't find out you were in the UK too long though!

Application for a Spouse Visa through the Consulate for your location - which I think Wisconsin would be Chicago, IL?  There are only three - NY, LA and Chicago.

For how to apply:

http://www.britainusa.com/visas/visas.asp

For what you'll need:

http://www.britainusa.com/visas/other_show.asp?SarticleType=25&Other_ID=322

Then you could apply for a spouse visa.  Other people here have experience with that.

However, be aware that getting a new passport may not erase your problem.  As peedal said, you may well be asked in your NI interview for all your trip dates, and they may well be able to look into your old passports/visits, not just the ones on the passport you physically have on hand.  Just something to keep in mind.

So what would happen if they found out if I was there past my visa date?

I suppose it depends upon how old you were (really young and foolish or just foolish?) and what kind of reason you give them. They could cut you some slack or be really by the book. Also might depend upon what you're doing now. Are you in a profession needed here? What about your partner and her family? Can they have any influence?

Well I am a computer tech.  I build and repair computers.  And what do you mean can her family have any influence?

Like balmerhon said, it probably depends.  Worst case, they could make you leave the country and bar you from entering again.  But they could be gentle if they see that you did eventually leave and didn't really do any harm in your overstay, and that you more recently went through the proper steps to move over permanently.

Those of you who got a spouse visa, did they ask about prior visits in the application process?

I don't know for sure, but in the States, if there were problems with getting my British husband over there, I'd call my Senator or State Rep. If my family had 'good standing' in the community and could sponsor us financially that would all help. I don't know if it would work in reverse but assume there's some room for negotiation.

As for your job, no idea if they need computer techs here. Have you looked at the Highly Skilled Migrant Programme?

So what would happen if they found out if I was there past my visa date?

A cousin of mine overstayed her visa once for a period of 6 weeks while visiting the UK.  She'd gone to stay with a guy she'd met at university and just fell totally in love and "forgot" to leave!  :-)  They did eventually marry (in the States several years later), and when they applied for her spousal visa, it was denied because she had overstayed during her previous visit.  I don't know if she told them outright that she'd overstayed, or if they just looked up her arrival/departure dates in the "passport database".  

The logic the consular official gave her was that a spousal visa would be denied to anyone who wouldn't qualify for a standard visitor's visa (i.e., anyone who'd broken immigration rules in the past...like overstaying a visa?).  I guess the logic is that she'd been dishonest once and would be likely to be so again.

Anyway, they had to do it the other way--he went to live in the US...thus having to go through the longer and more expensive (plus the cost of the DENIED UK visa! :-( ) UK-to-US option.  They're happy now, but went through a hell of a lot because she'd overstayed for less than two months years ago.

I'd suggest you consult w/ an immigration attorney since you've overstayed by 1 1/2 years.  The issue will come up when you apply for a visa of any sort, so it's best to find out which option is best for you now, rather than getting married with the intention of breezing through the spousal visa process and being denied one.

Hey lola, is your cousin allowed to visit the UK at all now? What about when her husband comes back to see family? Wow, that's really harsh but it just goes to show how serious the UK takes immigration. The UK has real problems with immigration violations (just watch the news every night!) and they obviously can't favor one country over another.

Hey lola, is your cousin allowed to visit the UK at all now? What about when her husband comes back to see family? Wow, that's really harsh but it just goes to show how serious the UK takes immigration. The UK has real problems with immigration violations (just watch the news every night!) and they obviously can't favor one country over another.

I'm not sure if she's allowed to visit the UK or not.  We haven't kept in touch for the past couple of years, so I don't know if she's even tried to make the visit!  :-)  I would assume though, that she's not allowed in for a specific period of time, given that the reason for denial of the spousal visa was that she wouldn't qualify for a visitor's visa (but that's just a guess). 

I'm sure her husband has been back to the UK--he was working with on some sort of Barclay's/Bank of America project the last I heard, so I'm sure he's been back and forth with ease.  I can't really see how they'd limit his visitation since he's a citizen and hasn't broken any rules....

At the time, I thought the consulate was being really hard on her, but I can kind of see their reasoning now...granted, she only overstayed by six weeks, but she broke the rules...she knew the rules and broke them, so she should have been prepared to accept the consequences.  Just goes to show that the UK can be just as "by the book" as the USA sometimes w/ regard to immigration!

Btw balmerhon, thanks for the "Things to do in Newcastle"  suggestions....I'm starting to get a good idea of what the city has to offer....I'm enjoying it!  :-)

Lolabyte,

The case you describe sounds like a prime candidate for judicial review in the English courts, if ever the British citizen spouse wanted to return to the UK to live with his foreign spouse, particularly in light of the incorporation of the European Convention on Human Rights into British Law. I suspect that Croydon would lose big on that one.

It also highlights the need for consulting lawyers when people get themselves into tricky positions with the immigration authorities, because just because IND says "nyet" doesn't really mean that is the end of the matter. An English judge can and certainly will overturn a Croydon functionary, folks.
A good immigration solicitor may cost a bomb, but may end up being the price for being too laidback about your immigration status. In addition, if you have to go to court, and win, you may get part or all of your lawyer's fees reimbursed to you.

Michael

Thanks for that info, Michael. I figured there probably was some hope beyond Croydon (not that I think I'm in any danger).

Lola, I actually meant did your cousin have to stay in the US when her husband came back to visit. Just thinking that would be really crap for his family who would probably like to get to know her!

Glad you're enjoying Newcastle... we've really been missing it lately. Hate to say it, but we find the Devon folk much less friendly.  :'(