My partner left the UK after overstaying for 4 months. He is now banned from the Uk for a year. I'm wondering if he can reapply for his new visa before the year ban is complete, so that he can come back as soon as the ban has ended? Or will it be rejected as the year ban has not been completed?

  • 18
    You are really pushing it. Getting approved for a new visa at any point in the future is in serious doubt, much less an approval after applying early. Jan 14 '21 at 14:52
  • 18
    How will he convince them that he wouldn’t overstay again? Eagerness to return as soon as a ban is over is a pretty big red flag
    – Traveller
    Jan 14 '21 at 15:55
  • 3
    @nikhil How would remaining in the UK illegally help the OP’s partner to stay long-term?
    – Traveller
    Jan 14 '21 at 22:24
  • 1
    @nikhil You seemed to be recommending that the OP’s partner should have continued to remain in the UK without the appropriate immigration status?
    – Traveller
    Jan 14 '21 at 22:28
  • 7
    Did he overstay because travel bans physically stopped him from returning to his own country, by mistake, or for some other reason? If it was because he was unable to return to his own country because of a travel ban, did he contact UK immigration to make them aware of this prior to overstaying?
    – Llama
    Jan 15 '21 at 8:01

The immigration rules state:

Previous breach of immigration laws grounds

9.8.1. An application for entry clearance or permission to enter must be refused if:

(a) the applicant has previously breached immigration laws; and

(b) the application is for entry clearance or permission to enter and it was made within the relevant time period in paragraph 9.8.7.

(emphasis mine)

Paragraph 9.8.7 lists the different lengths of the bans.

So it's the date of application which counts, not the intended date of travel.

In any case, he'd better have a bullet-proof application in all other respects, as he has already shown not be trustworthy. Chances of a successful application are pretty low.

Note that rules are different for family members, though the details vary depending on the exact status of your relationship and other details.

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