Hi I'm after advise please, My girlfriend of 6 months has overstayed by 2 years which has been brought to the attention of Immigration who severed her a SP Form "notification to a person who is liable to be detained. We spoke and she agrees to return to the Philippines as soon as possible as we want to continue our relationship so she can return after 1 year as I'm aware that there will be a ban for overstaying. The plan is to marry in the Philippines and apply for a spousal visa in the UK I need advise on what other people advise is the best thing to do as I don't want her to go and UK immigration say there is no way of her returning Appreciate any feedback
There will be a banned period and if you marry her in the Philippines, you may have difficulties to get a spouse visa for her because of her overstayed records, so tell her to get a fresh passport before applying to the British Embassy for another visa. If application has been turned down, keep trying as they will eventually give it. It is important that you meet all the criteria, like you can provide for her being your spouse living here in the UK. Also with a spouse visa, this will allow her to work and can help you meet the required earnings, I think as far as I know, at the moment it’s £18,600 annually. Ideally, you shouldn’t be claiming benefits whilst on process of her indefinite leave to remain. So when it’s time for her to apply for ILR it will not affect her application. Good luck!
