I’m an overstayer, married to a British citizen

What can I do to regularise my status in the UK?

Question: Hi! I came to the UK for studies but abandoned my studies and failed to renew my visa. I’m now an overstayer. My wife is British. We had a Muslim marriage (NIKKAH) but someone told me that it’s not recognised. What can I do to regularise my status in the UK? Thanks.

Answer: In order for you to regularise your status in the UK, you’ll be required to submit an entry clearance application to the British High Commission in your home country.

As you have now overstayed you unfortunately cannot submit any application whilst still remaining in the UK.

In addition, in order for your marriage to be recognised you would be required to have a registry office marriage either in the UK or abroad.

If you wish to marry in the UK you would need to apply for a fiancé visa which would allow you to come back to the UK lawfully to have a registry office wedding and then you could make a second application to remain on the basis of the marriage.

Otherwise your wife could travel with you; you marry abroad and then return to the UK on a marriage visa. Either way, provided you meet the specific visa requirements, there should be no reason for your application to be refused despite the fact that you have overstayed.

By Greenfields Solicitors,

Disclaimer: The above article is meant to be relied upon as an informative article and in no way constitutes legal advice. Information is offered for general information purposes only, based on the current law when the information was first displayed on this website. You should always seek advice from an appropriately qualified solicitor on any specific legal enquiry. For legal advice regarding your case, please contact Greenfields Solicitors for a Consultation with a Solicitor on 020 8884 1166.