Hi< I Need Desprate Advice

[jc2486]

Hi, my name is John. The issue I have is with my girlfriend. I'm sorry to say that she has over stayed her visa here in the UK. We both love each other dearly and want to have a bright future together, settle down have kids and just love our life. Hoever, she is now what the government call an ilegal alien. If they only knew the hard work she does in this counrty they would see she is no alien. Can some one please tll me how I can make it possible for her to become a British citizen, what are the best ways of getting around this, will they deport her, wil they arrest her. I am wso worried. Please help, any advice will be very much appreciated. John:ARsurrender::ARsurrender:

[Ann07]

Hi john welcome to the forum. She is in a difficult situation:NoNo: Even if she's done so much here still she is considered as illegal:NoNo: If you have plans together in the future better sort it now.

The best way i can think of is go back to the PI get married and apply for a visa:doh

[winner]

better for her to go back home right away if thay find her there is no way she get a visa in the future

[IainBusby]

better for her to go back home right away if thay find her there is no way she get a visa in the future

I agree, you'll just have to bite the bullet and get it over with, otherwise she'll always have to be looking over her shoulder for the UK Border Force. The further down the line it goes before she does this, the harder it will be if they find her and deport her.

How long has she overstayed by? Can you produce evidence of a relationship during the period that she was still legally in this country? If so then she should go back ASAP and then you should go out there and marry her as soon as it possible for you to do so.

If she can leave the country without getting a stamp on her visa or anything to say she overstayed or was deported, then it will probably take about 4 or 5 months before she is back here again legally, provided you can show that you can both support her and house her without recourse to public funds.

Iain.

[ginapeterb]

Hello John,

This is a common question we get here at the forum, but good old Ian has hit the nail on the head, he tells it as it is, Bite the bullet, if you intend to live together as man and wife in the future, suggest your girlfriend leaves the UK now, although I suspect if she has overstayed, its by a good margin.

People tend to ask this question long after the horse has bolted through the gate, the problems now for like minded ones, is that they can be barred from re-applying to enter the United Kingdom for up to 10 years, although that is related to lying or supplying false or fraudulent information to UKvisas.

I concur with Iain, because UK Border Force at present has no exit visa system, she could leave the UK, without having an exit stamp placed in her passport, however, the problem is always one of Philippine Immigration, who unfortunately stamp the passports of inward bound Filipino's.

That is where your problem is, hopefully, if they don't stamp it, I understand it can be arranged locally for an express fee, (you will have to find this out through other Filipinos) then there is no reason why your girl cannot legitimately apply for a fiancee visa, to come to UK, on the basis of her relationship with you in UK whilst working here,
but you suggest she has put much into the country and or the economy, why has she overstayed ?

If she is on a work permit, has not the permit been renewed ? if not why not ? how long has she been here in the UK, is she not close to indefinite leave to remain as an OFW
You seemed to have left out some important information.

Unless we have the full picture, its very difficult to give an accurate advice, since you have left so much out, suggest Iain's advice is correct.

[jc2486]

Thank you all for your very honest and sometimes scary answers to my question. My girlfriends emplotes are aware of her status here in the UK, and therefore, they are putting their selves in danger of maybe priosecution if she was discovered. She has been in this country for 4 yrars, and honestly her visa was for 6 months. I met her 2 years ago, but, I dont want to lose her for 1 minuate. I would do any thing now to keep her here, but the advice you guys have given me is kid of scary, and makes me want to stay as far away from the border police as possible. Is there any chance i could marry her here, will it make a difference f she has a child to me as we are trying. And when i say she has given so much this counrty ecomically, she has worked with of the elderly who sufer alzheimers. I do know there is no easy way, but I wish there were. Thank you guys all the same, we're in a very dificul situation.

[nigel]

I've heard of a guy who was dating a Spanish American girl who was living here ilegally...she got fed up with living in fear and was sent on a flight home back to America (She still had her passport) She wasn't confronted in any way when she flew back to America...

[darren-b]

That is where your problem is, hopefully, if they don't stamp it, I understand it can be arranged locally for an express fee, (you will have to find this out through other Filipinos) then there is no reason why your girl cannot legitimately apply for a fiancee visa, to come to UK, on the basis of her relationship with you in UK whilst working here,
but you suggest she has put much into the country and or the economy, why has she overstayed ?

Could be interesting though trying to provide evidence of a relationship during the time that you were supposedly in different countries.

[IainBusby]

I understand it can be arranged locally for an express fee, (you will have to find this out through other Filipinos)


Thank you all for your very honest and sometimes scary answers to my question. My girlfriends emplotes are aware of her status here in the UK, and therefore, they are putting their selves in danger of maybe priosecution if she was discovered. She has been in this country for 4 yrars, and honestly her visa was for 6 months. I met her 2 years ago, but, I dont want to lose her for 1 minuate. I would do any thing now to keep her here, but the advice you guys have given me is kid of scary, and makes me want to stay as far away from the border police as possible. Is there any chance i could marry her here, will it make a difference f she has a child to me as we are trying. And when i say she has given so much this counrty ecomically, she has worked with of the elderly who sufer alzheimers. I do know there is no easy way, but I wish there were. Thank you guys all the same, we're in a very dificul situation.

Looks like there is no way you can show any proof of a relationship whilst she was living in this country legally. However, the rules with regard to obtaining a visa only state that you must have met personally and I know of at least one member here who met and married his wife on his first visit to the Philippines, so you could still go to the Philippines and get married on, what would be seen as, your first visit.

The only problems are 1: that you would have to be apart for a while, and 2: getting back to the Philippines without having her passport stamped. Firstly, I think she should look into Pete's suggestion below. Or alternatively, I just wonder if she could perhaps go via a third country where passports are not routinely stamped on two separately booked flights. Don't ask me where, you'd have to look into that.


I understand it can be arranged locally for an express fee, (you will have to find this out through other Filipinos)

Iain.

[joebloggs]

Thank you all for your very honest and sometimes scary answers to my question. My girlfriends emplotes are aware of her status here in the UK, and therefore, they are putting their selves in danger of maybe priosecution if she was discovered. She has been in this country for 4 yrars, and honestly her visa was for 6 months. I met her 2 years ago, but, I dont want to lose her for 1 minuate. I would do any thing now to keep her here, but the advice you guys have given me is kid of scary, and makes me want to stay as far away from the border police as possible. Is there any chance i could marry her here, will it make a difference f she has a child to me as we are trying. And when i say she has given so much this counrty ecomically, she has worked with of the elderly who sufer alzheimers. I do know there is no easy way, but I wish there were. Thank you guys all the same, we're in a very dificul situation.

i take it she came on a visitor visa?, a major problem for her is, if she is caught working :NoNo:, over staying is one thing, but if she is caught working she's in a deeper hole and will probably face a ban from coming to the uk for at least a year and upto 10yrs.

she would need a COA to marry, and your problem is applying for it, as it would make the gov aware of her overstaying and where she is:NoNo:.

better for her to leave and go back to the phils on a early morning flight, but not from a airport in London. the problem pete said about her passport getting stamped in manila, she could apply for a new passport if her old one became lost.

staying here, risks her getting served with a removal notice and then up to a 10yr ban from coming to the uk.

[LadyJ]

DOuble post http://filipinaroses.com/showthread.php?p=114273#post114273

:NoNo:

[darren-b]

Thank you all for your very honest and sometimes scary answers to my question. My girlfriends emplotes are aware of her status here in the UK, and therefore, they are putting their selves in danger of maybe priosecution if she was discovered. She has been in this country for 4 yrars, and honestly her visa was for 6 months. I met her 2 years ago, but, I dont want to lose her for 1 minuate. I would do any thing now to keep her here, but the advice you guys have given me is kid of scary, and makes me want to stay as far away from the border police as possible. Is there any chance i could marry her here, will it make a difference f she has a child to me as we are trying. And when i say she has given so much this counrty ecomically, she has worked with of the elderly who sufer alzheimers. I do know there is no easy way, but I wish there were. Thank you guys all the same, we're in a very dificul situation.

Whether you are married (assuming somewhere will marry you) or have kids doesn't make that much different, an overstayer will have difficulty trying to legalise their stay here without leaving the UK.

The advice given on here (return to the Philippines, get married there, apply for spouse visa) is your easiest way, and assuming you meet the rest of the requirements (accomodation, financial, etc) you have a very good chance of success even if you get stopped on the way out.

If you want to attempt an in country application you need to find yourself a good immigration advisor (which won't be cheap...).

[Plonker]

As most people have said its best for her to go back to Philippines then to marry her there, your situation is very much like mine. Cause my wife was overstayed in Japan by 2 years. So the only way for us to be together was for her to return to Philippines. But she had heard that if she surrended her self to the immigration police then the boarder of immigration will be lenient with her and give her a certain amount of time to get back to Philippines without detaining her in an immigration prison. In our case it was 2 weeks to get back. I'm pretty sure that the British immigration aren't that much different to Japanese system.

Were now married and shes here next month :yikes: So the futures bright for you too.

I think if she went back now and handed her self in she would be deported with in a matter of days or weeks, then you go out over there to marry her which will take about 11 days, cause you need to give 10 days notice to the registry/city hall in her area to marry her, also you will need to convert your British cni to a Philippine version which took us 15 minutes at the British Embassy. Then the rest is sorting out a wedding if you go down that route like reception, brides dress etc, etc. Then wait for your marriage contract, BUT, heres the but, we didn't wait for the marriage contract on nso cause we knew its takes months to get, so we applied for a secpa which took 2 days. Secpa is a certificate notifying that your marriage contract is being processed. So we used that to apply for the entry clearance spouse visa along with a 500 page supporting documents which took me 3 months to sort out :Cuckoo: but this was done before I went out to marry her, believe me its worth doing the supporting documents before you go and marry because in the Philippines postal system is so slow. Your better off carrying it with you on the plane so when you guys are married you can apply for a spouse visa asap.

I'm sure you and your love will be together within the space of 4 months. Which sounds long but it will all be over soon and you can be with her forever. Also you will get to see Philippines which is great.

Basically just do it by the book dont skip a few pages.

[LadyJ]

I have a couple of story to share to you John,

A friend of mine who was overstayed her visa for more than 5 years.
She got married here in UK to a British man.
They applied a settlement visa but it was refused and the Home Office wanted her to go back to Phils to apply from there.
She refused to go back home.
Her case was brought to court versus Home Office.
They spent a lot of money worth more than £15,000 for fees ie. solicitor fees etc.
It took them many months probably years fighting for what they wanted.
But in the end she was granted a settlement visa

Another friend of mine was overstayed 5 yrs, they got married here in UK and had children. One day 4x policemen came to her house to arrest her, because someone had tip the police off that she was here illegaly, luckily she have already applied for settlement visa so the policemen didn't take her.
Her application was refused and the H.O. wanted her to leave UK asap and apply visa from her country.
She voluntary went home with her husband and children, while they're waiting for the result, they went to visit many places in Phils like holiday.
Just near after 3 months they submit the application, they've received her spouse visa without interview and they're now happily living together in UK.

[joebloggs]

They applied a settlement visa but it was refused and the Home Office wanted her to go back to Phils to apply from there.


if you marry in the uk you need entry clearance to stay here, and it can only be obtained in the country where you are a legal resident(unless your married to a european in the uk :D). sure you can try from within the UK but be prepared for a very long wait and refusal.

[aromulus]

i (unless your married to a european in the uk :D).

You had to sneak that one in, didn't yah....???:doh

Yes, mate, I am afraid that there is no other way but for your loved one, to go back.
Hoping that on the way out her passport doesn't get stamped.
As someone else mentioned, if eventually she gets a stamp on arrival, that ain't too much of a problem, as she can claim to have mislaid, lost or stolen, her passport and apply for a new one.

ILR ain't that bad, really...
Sooneer or later the wimmen get here.....:doh

[somebody]

I have a couple of story to share to you John,

A friend of mine who was overstayed her visa for more than 5 years.
She got married here in UK to a British man.
They applied a settlement visa but it was refused and the Home Office wanted her to go back to Phils to apply from there.
She refused to go back home.
Her case was brought to court versus Home Office.
They spent a lot of money worth more than £15,000 for fees ie. solicitor fees etc.
It took them many months probably years fighting for what they wanted.
But in the end she was granted a settlement visa

Another friend of mine was overstayed 5 yrs, they got married here in UK and had children. One day 4x policemen came to her house to arrest her, because someone had tip the police off that she was here illegaly, luckily she have already applied for settlement visa so the policemen didn't take her.
Her application was refused and the H.O. wanted her to leave UK asap and apply visa from her country.
She voluntary went home with her husband and children, while they're waiting for the result, they went to visit many places in Phils like holiday.
Just near after 3 months they submit the application, they've received her spouse visa without interview and they're now happily living together in UK.

Some good news from lady J

But the money avaiable and resources as you say need to be almost unlimited. As no one can say it will cost x amount or how long. Law firms from my day to day personal experience are one of the trades doing well out of the current situation so fees unlikely either:rolleyes:

I would also be aware if it comes to the Customs and excise attetnion that your Mahal has een paid cash in hand you may also end up with a tax bill.

Hop on a plane and oh whoops my Passport the maid washed by accident is my suggestion for what its worth

[joebloggs]

but dom its a fact, thats how unfair the immigration system is here and i don't know how they get away with it :Erm:

[aromulus]

but dom its a fact, thats how unfair the immigration system is here and i don't know how they get away with it :Erm:

4th September 1974....

Folkestone.....

How long will you be staying In the Uk, and the purpose of your visit, Sir...?

About one week, maybe two, for tourism and visiting friends.

Do you have a return ticket...?

Yes, it is here.

And how much Uk currency do you have to be able to support yourself while here...?:Erm:

About £400, and 2 thousand German Marks.

Stamped a card for me to go in my passport, and said "have a nice stay".:xxgrinning--00xx3:

Three days later, some plonker offered me a job I wasn't looking for....:doh

The rest is History, which sometime, parts of it, I want to forget about....:NoNo:

At the same time, I was witness to some other Europeans, being refused entry, and taken back to the ferry....
One of them, the german berd I travelled with all the way from Stuttgart....:omg: Small blessing in disguise....:D