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Discussion Starter · #1 ·
I am trying to get some help and advise for a family member. This is the outline.
My nephew's wife overstayed her visa in the UK by a couple of months, a long story, but it happened. During this overstay my nephew (who is British born and bred) left the UK for a job in HK, leaving his Japanese pregnant wife and (British) son briefly in the UK. He couldn't take them with him as he was in a new job, subject to 6 month initial trial. His wife left for her homeland in Nov 2012 with her son. She left voluntarily and without expense to the UK taxpayer. She had her baby daughter in Japan and joined her husband in HK when the baby was old enough to travel and his job position was confirmed. They now want to get back to the UK ASAP, but there is the question of sorting out his wife's visa and their daughters registration in the UK. He is going to register his daughter through the HK consulate ASAP. His daughter holds a Japanese passport. My question is can anyone advise on us on his wife's status for returning to the UK. There are a number of issues we would apprieciate help on. Firstly he cannot apply for a UK job without certainty that his wife can come into the UK with the family, but for her to get visa he needs to have a UK job to prove he can support her back home. It is a chicken and egg situation. Is there a possibility he could return to the UK with his wife and children and sort his wife's status out from within our borders? Secondly if he registers his daughters birth, can she come into the UK on her Japanese passport or does she have to get a UK one to enter the country as a UK registered citizen? All help and advise will be much apprieciated. His wife has been out of the UK for 16 months. I have tried to get answers from the UKBA but I can't find a phone line that actually talks to people, I just directed to an email address. I have tried that, but have had no response at all so far. So official guidance seems very difficult to get. Thank You
 

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If he is British otherwise than by descent he just needs to apply for a UK passport for his daughter.

Unfortunately, there is no way around applying for a spouse visa before his wife can come to the UK to live. She can't change from a visit visa to any other kind of visa.
 

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Discussion Starter · #3 ·
Nyclon. Thank You for reply. So no need for him to get her birth registered first am I correct in this understanding?

Another question if I may. Given his wife has been out of the UK for 16 months since her overstay, is this sufficient for any exclusion penalty she counting against her for her overstay in 2012?

Any thoughts on how to tackle the chicken and egg situation regarding her visa? That is to say, her husband cannot apply for a job with a firm start date in the UK if he can't bring his wife back with him, but he can't get a visa for his wife without confirming he has a job? This seems difficult to overcome?

many thanks
 

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It might be an idea in your situation to make an appointment at the British Consulate in Hong Kong.
Their contact details are.
British consulate General HK
1, Supreme Court rd
Admiralty
HK.
Tel (+852 2901-3222). Monday to Friday office hours, but I think theirs closes around 4.30
The consulate is not far from THE CONRAD hotel if you know that place in HK.

Take along any marriage certificates you have, HK identification, which you should have to work in HK, and your wife and children should have some kind of temporary HK visa to be with you,! passports you hold as a family! marriage certificate! and any birth certificates of the children.
Was you children registered with British birth certs, or birth certs of any kind.
Hopefully somebody at the consulate can guide you with all the 'red tape' issues. They won't be able to do a visa for UK application for you, but tell you how to proceed and in what order.
 

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Nyclon. Thank You for reply. So no need for him to get her birth registered first am I correct in this understanding?

Another question if I may. Given his wife has been out of the UK for 16 months since her overstay, is this sufficient for any exclusion penalty she counting against her for her overstay in 2012?
She will have to disclose her overstay. She has to explain the situation and she should be very apologetic, say that she understands that she shouldn't have stayed past her visa expiration and that she feels very badly for not following the rules.

Any thoughts on how to tackle the chicken and egg situation regarding her visa? That is to say, her husband cannot apply for a job with a firm start date in the UK if he can't bring his wife back with him, but he can't get a visa for his wife without confirming he has a job? This seems difficult to overcome?
As I said, there is no way around getting a spouse visa before she can enter the UK to live and there is no way to know if she will be granted a spouse visa unless she applies. Her overstay will be considered but in itself should not be a reason for refusal. The whole application and all supporting documents will be taken into consideration. They need to put together a solid application which meets the financial, accommodation and relationship requirements. If they can do that they should be successful, but no one can give you 100% assurance that they will be successful.
 

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Discussion Starter · #7 ·
Fergie. Thank you for your help too. Both your's and Nyclon's replies consolidate the way forward. Many Thanks
 
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