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Discussion Starter · #1 ·
Hi Joppa, I was wondering if you could give me your opinion regarding my situation. I'm a software developer and my wife is a nurse, we have three children all British passport holders. We currently live in the USA and we want to return home to the UK to be nearer to my elderly parents, both are 70+. I want to apply for the spousal visa and I have the required money in savings to meet the financial requirement. However, my wife has overstayed her tourist visa twice, once in 2009 and again in 2011 due to my last two children being born in the UK, I was told by the midwife attending my wife that it was ok for her to recieve care there due to being the wife of a British citizen, my understanding now is that she was wrong. My wife has never been deported and has left the country at her own cost. We recently returned to the UK for a 3 week visit and returned to the USA, this has been our first visit to the UK in 4 years. I would greatly appreciate an objective analysis of the chances of my being successfull in obtaining a spousal visa. Any advice or alternative pathways I might take would likewise be appreciated. My thanks in advance to all those decide to help.
 

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Overstay must be declared (in her travel history) and brief details given about the circumstances. She should take full responsibility for her actions, show regret and her wish to move on. This will probably be enough to nullify the effect of her overstay, but there is no way of knowing how ECO will deal with it.
 

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Discussion Starter · #4 ·
Thank you for the prompt reply Joppa. We're both ready to acknowledge our past transgressions and move forward with our lives. If I may ask a few more questions, I appreciate that you are extremely busy, how would you suggest I go about tackling our use of the NHS system for the birth of my two children? How would I go about determining if there is any debt owed? The midwife treating my wife during her pregnancy said that we could use the NHS as my wife was married to me -an error I now know. Am I likely to be slapped with a bill upon applying for a spousal visa?
 

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You'll have to contact the practice or hospital where she received services and ask to be charged. You may have to be insistent but she was not entitled to free services from the NHS whilst on a visit visa. Visitors are only entitled to receive emergency treatment given in an A&E. Having unpaid NHS charges of £1000 or more is grounds for refusal. I imagine the cost of childbirth exceeds that. You'll have to show proof that you've paid your debt.
 
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