Please Help! Formerly An Illegal Immigrant Applying For Settlement Visa

[donnabelvaldeo]

Hi there!
i've been reading different topics from this forum and getting some idea but because my situation is quite different, i would like to seek advise to you. please find time to read my story.

i had been an illegal immigrant for 4 yrs in the uk. I came to uk last june 2003 on a visitors visa. during the end of my stay, i decided not to come back to my country. While i am in uk, i worked as part time cleaner on a cash on hand basis. Nov 2004, i met a guy who is a british national, we fell in love with each other and decided to live together. Apparently my boyfriend that time was bankrupt and on job seeker's allowance. I got pregnant with my boyfriend april 2005, i applied on NHS and has been able to use NHS without them knowing i'm an illegal immigrant. i gave birth to a beautiful baby girl on december 2005 using the nhs. we also had been able to register our daughter on civil registry, using her father's surname. during those time, my partner has an on and off job. when he cant find a stable job, he applied again on benefits. he claimed as a single father because he was afraid that the authority might caught me, and our daughter and me will get deported. While he is claiming benefits, he is the one who is looking after our daughter and also does studies to upgrade his skills (my partner is an IT software engineer). On the other hand, i continue doing part time cleaning job to help with our expenses. January 2008, we had a courage to consult a solicitor regarding our situation. He advise us that me and my daughter leave the country and apply again to come back in UK on a settlement visa. So, in march 2008, my daughter and me voluntarily leave UK. my partner continuous his study and was able to find a stable job by october 2008. while we were my country, we have a continious communication and my partner is supporting us. my partner come over to visit us in april 2009 and is planning for us to get married here in my country. but because he was only given 10 days off, we had been able to get married that time because the law here when marrying a foreign national is that, the foreign national should be staying in the country for at least 10 days before applying a marriage license. It may be ridiculous to think that my partner still came to the fact the he knew that we cant get married because of the short of time but because we missed each other so much specially his daughter, he still insist to come.

Now, we are ready to apply a visa settlement as his fiance. he already had a 6months statement. my partner is earning around 1400 pounds a month net of tax and insurance. he had a net disposable income of 600 after all the expenses had been deducted. he has around 4000 pounds savings. i on the other hand, has 2000 pounds savings here in my country to help support my partner application for us.

My questions are:
1. i will be applying a fiance visa and my daughter is my dependent, do we have to pay for 2 visa fee?
2. can you please give us some tips of what supporting documents we can submit considering that i had overstayed in the uk and we have daughter.

thank you very much and i'm hoping that you could be able to help me

donna

[ginapeterb]

Your case again, seems a difficult one, and as you have guessed not straight forward, however, I do believe there is light at the end of the tunnel for you, the fact that you came to the UK in 2003 and decided not to return at the end of your visa period shows some scant disregard for the immigration rules of another country.

Had the situation been the reverse, and one of our citizens, did the same in the Philippines, they would be arrested if detected on a mission warrant and held by the immigration commissioners department in a hell hole prison system, thankfully that would not happen to you here in UK.

Whilst I personally do not condone your conduct in flouting our countries immigration rules, and to a lesser extent, I personally as a British tax payer, do not approve of someone using the National Health Service, but sadly the service that so many of us have championed is open to abuses of this kind.

No more to be said on that subject, as to helping you, I would advise you to take your solicitors advice carefully and follow it, you should come clean on your application for a fiancee visa, and be up front about your illegal overstaying, you cannot hide it, so don't try to get around it.

And in any event, you would need to show your daughter on the same application to accompany you to the UK on your fiancee visa, you only pay 1 fee for this, so your joint details go on the same form.

You were right to go back to the Philippines and formally apply to enter on a fiancee visa, this is not only the right course of action, its the safest way to ensure you would be allowed entry into the UK, it may be that your 4 years of overstaying will be permitted based on the fact that their is a child of your relationship who has the right to live in the United Kingdom through the relationship of the father, who I presume is a citizen by descent of his parents.

However, it may also be a stumbling block in your application, in any event whatever is the outcome, you would almost certainly win any appeal, should you receive an unfavourable decision on the grounds of family ties, ie. your daughter should be with her father in his country of residence.

Its unusual for British Government to seek to separate families, they are pretty good on this issue, so I think you will get your visa, and this time of course it would be legal, so no more looking over your shoulder.

As for documents, you should look at what is required here, at http://www.british-filipino.com/applicationforsettlement.html or go to http://www.british-filipino.com and look for the section on United Kingdom entry clearance.

Again, as always, whilst I don't condone your illegal overstaying, I wish you well, families should be together, and the immigration rules don't always suit people when it suits their purpose to flout them, But above all, be honest in your application about your time in UK.

[mhynne]

very well said, pete

[Tiggers0608]

:Erm:

whats ur daughters passport when she went to the phils? phils or british passport?

i guess if its british passport u dont need to apply her for a visa right? only if she holds phils passport u can put her on ur visa application.

good luck on ur visa application :xxgrinning--00xx3:

[IainBusby]

I think that Pete is right in most of what he said, but I think you would be better to wait until your fiance can come to the Philippines and stay long enough to get married there. If the outcome of either a fiancee or spouse visa application was a refusal, I think Pete is correct when he says that you would be likely to win on appeal, but I feel that refusal is less likely if your already married and are applying for a spouse visa.

Iain.

[LadyJ]

Hi donna,

You did the right moved of going back to Phils. for me my advice for you is to get married in Phils and provide all the evidence to the British Embassy that you may have, this time you'll have to prove that you're a genuine applicant.

at the moment we've had lots of members here who were the same boat as you are now, so i suggest to you is to spend some times searching the forum.

[filipina_owl]

excellent advice sir pete...

[joebloggs]

:Erm:

whats ur daughters passport when she went to the phils? phils or british passport?

i guess if its british passport u dont need to apply her for a visa right? only if she holds phils passport u can put her on ur visa application.

good luck on ur visa application :xxgrinning--00xx3:

:xxgrinning--00xx3: what passport did you get for the child ? i take it, it was a phils passport?

the child shouldn't have to go on any visa app, as the child is british, just need to apply for a british passport in the phils.

and also its not one fee, but a fee for each person who is applying for settlement. but this doesn't apply to your child as they are already biritish.

for overstaying and being a fiancee of a biritish citizen you will not automatically face a ban from entering the UK

[dondi]

i don't think she mentioned anything about her country of origin in her posting..

in any case, requirements are similar for all except some suggestions referring to a phil passport etc.

[joebloggs]

So, in march 2008, my daughter and me voluntarily leave UK.


i don't think she mentioned anything about her country of origin in her posting..


looks like shes not in the uk, i would expect shes in the phils..

but you've got some explaining to do,how you came to the uk in june 2003 and didnt leave at least til dec 2005 (evidence of your birth of your bb shows you was still in the uk at least til then) thou you actually left in march 2008.and telling lies if caught could result in a ban, thou spouses don't recieve an automatic ban, they can still face refusal for 'Significantly contrived to frustrate the Immigration Rules'


You must not refuse an applicant if:

* false documents or false representations were used in a previous visa or leave to enter or remain application, and the applicant was not aware that the documents or representations were false ;
* the applicant has raised human rights issues (in particular right to family life under Article 8) which would justify issuing the entry clearance;
* the applicant has raised exceptional and compelling circumstances which are likely to justify a grant of leave outside the rules, you need to refer the application to NCC2 following the usual HO Referrals process (Chapter 25) for a decision to be made outside of the immigration rules; or
* the period specified in 26.17.2 for automatically refusing applications has expired.

The concession means that Rule 320(7B) will not apply to such an applicant. However, the applicant will still have to satisfy the other requirements of the Immigration Rules.

26.17.5 'Significantly contrived to frustrate the Immigration Rules' test
'Significantly contrived to frustrate the Immigration Rules' is where an applicant has significantly overstayed or breached their conditions and would have fallen to be refused under the old Paragraph 320(11). Applicants must not be refused for minor infringements of this rule. If you have an application in categories 1-8, which you think should be refused because the applicant has 'significantly contrived to frustrate the immigration rules' you must refer the application to NCC2 for a decision using the HO referrals process. (Chapter 25)



as for human rights the embassy can say , you've lived nearly 1 1/2 yrs in the phils with your bb, and there is nothing stopping him moving there.

i'm trying to show you the problems you could face.
thou you do have a child, you left at your own expense more than a year ago.
thou i do wish you luck and hope you dont face any major problems and i think you will get your visa in the end :xxgrinning--00xx3:

[Arthur Little]

I would certainly go along with the suggestion offered by both Iain Busby and Lady J ... that you seriously consider *getting married in the Philippines and thereafter apply for a Spouse Visa. *This is in line with what I already recommended :rolleyes: in an earlier thread you posted here almost three months ago ... and I stand by the advice I gave you at that time.

Once again, good luck!

[neallie]

I wouldn't be surprised if you don’t class yourself as a good honest person!!

:cwm23: I can't believe that this forum, which is here to help and support genuine cases of need when you are openly encouraging this person by wishing her luck in obtaining entry to the UK, who has broken all the conditions of her tourist visa, defrauded the government of taxes by working cash in hand, then abused the NHS of valuable time and resources for 9 months and beyond while she had a baby then her boyfriend defrauded the social services for funds while he claimed single parent allowance, this person not only needs banning from the UK but should have been locked up with her boyfriend for tax evasion and fraud. And I bet you will make a false declaration on you application for your settlement Visa.
Although I live in the Philippines I still pay my taxes to the British Government to pay for Illegal immigrants like you to abuse the system, and If I return to the UK I am not allowed medical assistance for 6 months.....As Pete says If I was caught overstaying my Visa I would be thrown in Jail Heavily fined and deported.

:Brick: More fooled to the British Government for allowing you to just go, or if you want to return making sure you have paid back the debt to the Tax payers and medical services of the UK.
Me personally, I don’t wish you luck I hope they catch up with you...:NoNo:

[Arthur Little]

I wouldn't be surprised if you don’t class yourself as a good honest person!!

:cwm23: I can't believe that this forum, which is here to help and support genuine cases of need when you are openly encouraging this person by wishing her luck in obtaining entry to the UK, who has broken all the conditions of her tourist visa, defrauded the government of taxes by working cash in hand, then abused the NHS of valuable time and resources for 9 months and beyond while she had a baby then her boyfriend defrauded the social services for funds while he claimed single parent allowance, this person not only needs banning from the UK but should have been locked up with her boyfriend for tax evasion and fraud. And I bet you will make a false declaration on you application for your settlement Visa.
Although I live in the Philippines I still pay my taxes to the British Government to pay for Illegal immigrants like you to abuse the system, and If I return to the UK I am not allowed medical assistance for 6 months.....As Pete says If I was caught overstaying my Visa I would be thrown in Jail Heavily fined and deported.

:Brick: More fooled to the British Government for allowing you to just go, or if you want to return making sure you have paid back the debt to the Tax payers and medical services of the UK.
Me personally, I don’t wish you luck I hope they catch up with you...:NoNo:

:Erm: I think you'll find that nobody here is actually CONDONING any flagrant breach of immigration laws. :NoNo: But what's DONE is done ... and lambasting the person's irresponsible conduct publicly at this late stage, serves no useful purpose. And whilst the vast majority of us are prepared to abide by the rules, there will always be a few people tempted to circumvent the 'System' through sheer force of circumstance ... in the hope they'll "get away with it".

As one of those who have trod the arduous, anxiety-ridden path in order to LEGALLY bring my wife to the United Kingdom, it would've been so easy for me to be judgemental :xxsmilie_auslachen: in cases like this one. Rightly or wrongly, however, I felt it wasn't my place to censure ... but rather to offer whatever helpful advice I could to make the best of a very difficult situation for the parties concerned and, in so doing, try to be tolerant of others' misdemeanours.

[donnabelvaldeo]

thank you very much for those who commented on my case. i know that it will be very hard for us but we'll try my best. We have had breach the rules because of circumstances, and we are sorry for that, We want to put everything straight not just to be willing to abide the rules but most importantly for our family to live together legally, peacefully and happily.

to those who were asking what is my daughter's passport, its a filipino passport. that time, we thought that my daughter cannot get british citizenship even though her father is a british citizen because we were not married and was afraid to ask Home Office because our intention is to go home voluntarily and not to be deported, so that we wont face a ban in the UK in our future application.

[maricel28]

hi donna i understand how you fell at the coz im the same situation but lucky soon im flying to uk, dont lose your hope just do what is best for you and you daugther soon you will reunited to your boyfriend and soon to be your husband i know you are honest person trying to sort everything legally.ang i know you have the reason thats why you done this before.gud luck and try to do all the best

[neallie]

:Erm: I think you'll find that nobody here is actually CONDONING any flagrant breach of immigration laws. :NoNo: But what's DONE is done ... and lambasting the person's irresponsible conduct publicly at this late stage, serves no useful purpose. And whilst the vast majority of us are prepared to abide by the rules, there will always be a few people tempted to circumvent the 'System' through sheer force of circumstance ... in the hope they'll "get away with it".

As one of those who have trod the arduous, anxiety-ridden path in order to legally bring my wife to the United Kingdom, it would've been so easy for me to be judgemental :xxsmilie_auslachen: in cases like this one. Rightly or wrongly, however, I felt it wasn't my place to censure ... but rather to offer whatever helpful advice I could to make the best of a very difficult situation for the parties concerned and, in so doing, try to be tolerant of others' misdemeanours.


Obviously you are not a lawyer Arthur. By offering encouraging to this person knowing her situation you are a conspirator to defraud the Government.
In 1985 a certain Lester Piggott OBE was convicted of tax evasion, stripped of his OBE sentenced to 3years in prison, made to pay the tax and do community service. While I am sure the amounts are not the same as Ms Donna, ask a Doctor how much it costs for 9 months maternity care.
The Law is the Law.
I do hope the people waiting for that essential operation on there 6 month waiting list are as understanding as some of the people on this site, while some illegal is having it for free.
As long as it is your pension, health care, policing that these people are dibbing into then go ahead and offer them sympathy and support, I am sure Ms Donna will be sending you a few quid when you need that operation that is not available on the NHS because they don’t have the resources .
If they wish to be together so much then he should come and stay in the PI….. Oh I forgot that would mean paying for everything and they only want to sponge of others
With a bit of luck she should be able to get back into the UK in time to put the Daughter in for free day care, and later free education.
Don’t get me wrong I wish everyone who is applying to be with there loved one and going about it in the right way the very best of luck, and they need it, because the system is being abused so much that the government keep making things harder, although I feel its to little to late.

It Is our duty to protect the right of every British Citizen against anyone that is breaking the law, not to protect those that are breaking the law.:angry:

[joebloggs]

I wouldn't be surprised if you don’t class yourself as a good honest person!!

:cwm23: I can't believe that this forum, which is here to help and support genuine cases of need when you are openly encouraging this person by wishing her luck in obtaining entry to the UK, who has broken all the conditions of her tourist visa, defrauded the government of taxes by working cash in hand, then abused the NHS of valuable time and resources for 9 months and beyond while she had a baby then her boyfriend defrauded the social services for funds while he claimed single parent allowance, this person not only needs banning from the UK but should have been locked up with her boyfriend for tax evasion and fraud. And I bet you will make a false declaration on you application for your settlement Visa.
Although I live in the Philippines I still pay my taxes to the British Government to pay for Illegal immigrants like you to abuse the system, and If I return to the UK I am not allowed medical assistance for 6 months.....As Pete says If I was caught overstaying my Visa I would be thrown in Jail Heavily fined and deported.

:Brick: More fooled to the British Government for allowing you to just go, or if you want to return making sure you have paid back the debt to the Tax payers and medical services of the UK.
Me personally, I don’t wish you luck I hope they catch up with you...:NoNo:

i try not to judge people, not without knowing the fully story or having walked in their shoes. thou i don't support people who bend or break the rules, as it is unfair on those who go by the book. but the lady has asked for help, and if she gets her visa it will be becuase of immgration law not becuase of me wishing her good luck :doh

i wish everyone good luck, life too short to be a grumpy :censored:, and before anyone starts, i'm not saying you are :D, but have you ever made a mistake or done something you shouldn't have :Erm: and did anyone ever help you out ?

as for defrauding the gov, its ok for well paid MP's to commit fraud, but not ok for someone getting paid a few £ an hour.

anyway like it or not, she will probably get her visa, shes been out of the uk more than a year, left at her own expense.

if you want to do something, complain about how unfair the system is, why is it easier for a european living in the uk to bring their wife here, and more difficult for a brit living in their own country to bring his wife here.. :doh and tell me if your gov ever bother replying to how unfair the system is

[Arthur Little]

Joe, I'm very much obliged to you for defusing a potentially volatile situation. Frankly, I was torn between posting an :angry: retort in protest against what COULD be construed as a besmirch of my character vis-a-vis an apparent accusation of *"conspiring to defraud the British Government" [*which couldn't be further from the truth!] ... and simply "letting sleeping dogs lie". But you've saved me the time and effort ...

Thanks, mate.

[joebloggs]

i dont think anyone supports people who abuse visa's, i for one, probably have more reason to complain than anyone on here, after paying more than £4,000 for visas for the misses and kids :NoNo:

the bb is a british citizen, and has a right to live here and also is totally innoncent of any wrong doing..

her mistake was falling in love with a brit, if it was a european living in the uk she probably wouldn't have had to leave the country at all, that's the fair british justice system for you, or should i say european immigration laws :D

[LadyJ]

Yes! DOnna did break the immigration rule on the first place but then she voluntarily went home to her country of origin. She's now seeking an info's for her fresh visa application which is a next chapter of her life.

[neallie]

i try not to judge people, not without knowing the fully story or having walked in their shoes. thou i don't support people who bend or break the rules, as it is unfair on those who go by the book. but the lady has asked for help, and if she gets her visa it will be becuase of immgration law not becuase of me wishing her good luck :doh

i wish everyone good luck, life too short to be a grumpy :censored:, and before anyone starts, i'm not saying you are :D, but have you ever made a mistake or done something you shouldn't have :Erm: and did anyone ever help you out ?

as for defrauding the gov, its ok for well paid MP's to commit fraud, but not ok for someone getting paid a few £ an hour.

anyway like it or not, she will probably get her visa, shes been out of the uk more than a year, left at her own expense.

if you want to do something, complain about how unfair the system is, why is it easier for a european living in the uk to bring their wife here, and more difficult for a brit living in their own country to bring his wife here.. :doh and tell me if your gov ever bother replying to how unfair the system is

I think some people are missing the point, as for it being “ok for well paid MP to commit fraud” but not ok for Ms Donna. If you consider just having the baby on the day costs £15,000 to the NHS if it is a straight forward birth, plus the £1000’s in child support as a single parent… then you must have big pockets to carry this loose change. Also I refer to the case of Lester Piggott OBE and Lord Jeffery Archer MP who were both sent to prison, so no it not ok!!!

Yes of course we have all made mistakes, but knowing what you are doing is wrong and is premeditated, and is different to making a mistake, the visa clearly states:-
EXPIRES ON…… NO WORK OR NO RECOURSE TO PUBLIC FUNDS, which bit did she not understand:NoNo:

I realise that the blame cannot be laid at the feet of people like Ms Donna but the feet of the people who make and enforce the laws of the Country, it is the people that have trod this path before her that have made the path easier.

I have had my say and no doubt it will not change a thing and Yes after time and a little effort using the fact that she has a child that needs her father the Government will grant another user into the system a Visa
Living here in the Philippines makes me wonder what happened to the UK the Filipinos are so proud and so patriotic of there country stopping the traffic in the road standing in silence while they raise the flag and play there national Anthem, Can we do that in the UK….. No because we might offend the sensitive.

Perth in Scotland is a beautiful place and far removed form the real world of Manchester, Birmingham, London where we are being smothered by the Illegal users with more rights than a British Citizen, Where Mosques are built bearing the name Saddam Hussein and the brother of Osama Bin laden is applying for his residency to the Uk and trying to buy Newcastle United F.C.

I made my protest to the Government 10 years ago…… by leaving.
I have no intention of responding any further, I stand by what I say, and I will gladly help people with a genuine need !!!!!! :xxgrinning--00xx3:

[Arthur Little]

I think some people are missing the point … I refer to the case of Lester Piggott OBE and Lord Jeffery Archer MP who were both sent to prison, so no it's not ok!!!

As you correctly surmise, I am NOT a lawyer. :NoNo: But, having worked within a penal setting for almost 15 years, I CAN claim to have sufficient knowledge as to how the Prison System works to justify my implicit belief that there is one law for the "run of the mill" offender ... and quite ANOTHER for the "privileged few", e.g.:

Your average "punter" will normally serve two thirds of his/her sentence prior to being released ... subject to "good behaviour" throughout the period of incarceration.

Archer was jailed for four years on July 19, 2001. Very soon afterwards [October 2001] he was transferred to an "open prison" and, in July 2003 was paroled on licence, having served no more than HALF his sentence and retained his peerage ... clearly indicative of a "Them & Us" situation. :doh Piggot's case, I'm less "familiar" with [given that it arose a long time ago] and so cannot comment.



Yes of course we have all made mistakes, but knowing what you are doing is wrong and is premeditated

:iagree: Not one of us is perfect. :rolleyes: But here again, there's a world of difference between someone in Donna's circumstances and those of the
people appointed to uphold the laws of the land. It's more than likely that people like this young lady (whose partner was jobless at the time) were living 'hand to mouth' and undergoing severe hardship and emotional distress simply in order to BE TOGETHER while struggling endlessly to 'keep their heads above water'. Yet, at the other end of the scale, so-called "honorable" Members of Parliament were wilfully, blatantly and deliberately "feathering their own nests" at the taxpayers' expense. Okay, in each of the two examples I've quoted there is an equal degree of premeditation. But where one stems from a 'basic survival instinct' (Donna's) the other amounts to nothing less than sheer GREED (MP's fraudulent expense claims) ... for which there is absolutely NO justification. In the Philippines, the latter would've "rotted" in a hell hole ... yet here in the UK, many somehow manage to retain both their jobs AND their status.



I realise that the blame cannot be laid at the feet of people like Ms Donna but the feet of the people who make and enforce the laws of the Country.

All TOO TRUE, I'm afraid!! :gp:



I have had my say ...

... and so have I. And let's just agree to differ ... in CERTAIN respects, at least! :xxgrinning--00xx3:



I have no intention of responding any further, I stand by what I say, and I will gladly help people with a genuine need !!!!!! :xxgrinning--00xx3:

Nor do I. :NoNo: And, like YOU, I shall remain true to my beliefs, as far as the "Haves" and Have Nots" are concerned. I will also continue to help people in need - HERE and elsewhere - to the best of my ability.

[aphrodite78]

Yes! DOnna did break the immigration rule on the first place but then she voluntarily went home to her country of origin. She's now seeking an info's for her fresh visa application which is a next chapter of her life.

well said Lady J, I agree with you and for others who tried looking at it in a bigger picture and not just the mistake she has made.


Yes of course we have all made mistakes, but knowing what you are doing is wrong and is premeditated, and is different to making a mistake, the visa clearly states:- EXPIRES ON…… NO WORK OR NO RECOURSE TO PUBLIC FUNDS, which bit did she not understand:NoNo:

I made my protest to the Government 10 years ago…… by leaving.
I have no intention of responding any further, I stand by what I say, and I will gladly help people with a genuine need !!!!!! :xxgrinning--00xx3:

You yourself have admitted that we all make mistakes and whatever opinion or criticism you got, you are entitled to that we all live in a free country.

i don't condone or agree with what she has done and i don't think that it is fair to still criticise her when in fact she is now trying to lead a new life.
situation plays a major role on how we make our decision in life. if she was placed on a different situation surely she would have made a different decision and she wouldn't be here now in this forum asking for help or advice. i am sure you have made mistake in your life as well.

two wrongs can't make one situation right but you have to look at it in a bigger picture. who knows what really happened during her entire stay
in the uk? she may have wanted to come clean but her being pregnant may have stopped her from going back to the phils as her motherly instinct played on her.

like most of you i don't condone nor encouraged what she has done. i think you couldn't really choose who you fall in love with. it just happened that
she fell in love with an english guy and got pregnant.their offspring shouldn't suffer from this. it's not about them anymore it's about the their daughters life now. i think it was a bit harsh when some said they just wanted to milk the system by choosing to live here.

we have once thought of just going back to the phils with my hubby and kids but being a parent made us think we are best to stay put and work our socks off and emigrate when we have built sufficient fund. my husband and i know that our plans won't work in the phils as we both work from home and we do stuff that only works in the uk. maybe they got the same situation who knows? that doesn't mean that they will milk the system this time and enjoy the freebies. when you are a parent i think it is just natural to think sensible and think what is best for your child.

we all agree on one thing here, we don't agree with what she has done, but she is trying to lead a new life now. that is already done we can't change it. i should also be criticising her because i came back to the phils to process my papers legally and didn't overstayed when i first came here because i am aware of the immigration law. got 2 kids that have to go through hoops and loops just to come here and live with us. i am just thankful that i didn't have to go through what she has been through. i think next time before we criticise it is best to place ourselves on that person's shoes and perhaps we would come to a conclusion that we are lucky that we are able to make choices in life.

[aphrodite78]

to arthur little,

well said and you are so spot on.

[Arthur Little]

... but then she voluntarily went home to her country of origin ...

... at her OWN expense ... which OUGHT to stand her in good stead for the future. Thanks, Anne.


She's *now seeking an info's for her fresh visa application which is a next chapter of her life.

Which is FAIR ENOUGH ... it is her HUMAN RIGHT to do so! And, as fellow human beings, we will do all we can to GUIDE her at *THIS stage ... which does NOT imply we CONDONE her earlier illegal actions NOR does it mean we're taking part in any conspiracy to defraud the British Government.

[Arthur Little]

to arthur little,

well said and you are so spot on.

Thank you for your support. :xxgrinning--00xx3:

[IainBusby]

I'm sure no one on this forum would condone overstaying or living in this country illegally in general. But right now, after returning home voluntarily, she's only trying to do things the right way and is only asking for advice based on her situation as it stands. She knew what she was doing was wrong, but the need to provide for her family in the Philippines (and we all know the pressure that goes along with that) led her to do this and I don't think we, most of whom have never been in that situation should berate her for it because it's just pointless at this stage.
Iain.

[Arthur Little]

I'm sure no one on this forum would condone overstaying or living in this country illegally in general. But right now, after returning home voluntarily, she's only trying to do things the right way and is only asking for advice based on her situation as it stands. She knew what she was doing was wrong, but the need to provide for her family in the Philippines (and we all know the pressure that goes along with that) led her to do this and I don't think we, most of whom have never been in that situation should berate her for it because it's just pointless at this stage.
Iain.

I thoroughly agree, Iain. That is PRECISELY the point I've been trying to make all along ... and hope I finally HAVE! :doh Thank YOU, too, for your support.

[Pepe n Pilar]

What an interesting thread!:). As what Ms Donna had related how she was able to get through with her life since she came here in 2003 is something to consider worth reading. She indeed didn't comply with the Immigration Rules in which indicates that she has a limited stay and has to go back to her home country before the visa expires. Whatever happened during her stay here that we don't exactly know. As she narrated her wholelife stay reflects of her as a person who fell in love, worked on cash basis, got pregnant etc. I can sense she has been in a hard situation during those times. As what other members here had said she has broken the Immigration Rules.. Visa states....

EXPIRES ON…… NO WORK OR NO RECOURSE TO PUBLIC FUNDS, which she did understand... but I definitely agree she ignored it. I don't judge or condemn here for everyone of us also has made mistakes at one time or another. It's just that it is of different degree. I have learned that there are some people that abuses the system. Ex. One has filed for a gov't benefit because she reported her husband's abusive of her and not living together anymore hence she has been receiving from the gov't but at present still together:NoNo:... another one has been receiving benefits because she has reported herself as a single parent but, still sees her partner... and so on....

What has changed Ms Donna's situation is that she voluntarily went back to her home country at her own expense and that she is willing to start a new life:). What is important is she has dumped her old doings and now facing a new chapter of her life. This is amazing, she knew that any wrong doings should be corrected and should change for the better:xxgrinning--00xx3:. It's done and all over now. Now she is asking for an advice. We don't have to look back or stuck up to the past if she herself had admitted her mistakes and had ended it already. Unlike those that ask advice but still in the situation which is not acceptable.

As i've said everyone has done some mistakes in life but not all had accepted that they did. It is nice to know Ms Donna to be so humble to accept her faults:xxgrinning--00xx3:. For sure Ms Donna will continue to receive advice from people who has experienced the same and/or from those that has some knowledge of the situation.

All the inputs to this topic have been great!!!:xxgrinning--00xx3::xxgrinning--00xx3:.

Cheers!:)

[Florge]

BOTTOMLINE: improve the system in terms of claiming funds so that people can rightfully claim what is theirs.

How? PEOPLE POWER!!!

Donna, I salute you for making things right this time. I know that what you've gone through and will go through is not easy. Keep the faith.

Neallie, I agree with what you said. Dura lex sed lex. But even if the law is harsh, it is still just and humane. Keep smiling.

Arthur, I love what you said. I just wish I can be as wise as you.

(now I sounded like I won an Emmy.. LOL)

I like this thread... hehehe

[donnabelvaldeo]

Thank you for all those who reply on my thread.

Ever since I had overstayed in UK i knew i had breached the law, scared all the time, that if they caught me, i will get imprisoned and eventually be deported but the circumtances that i had havep forced me to stay even though its wrong. Before my visa expired, my father got very ill and in need of dialysis every week. As all of you know, the cost of dialysis here in the Philippines is very expensive. Its only me, where my family who can rely on. And if it a matter of life and death, i think most of you will do the same, sadly after 1 year of battle, my father passed away. After that, I already planned to go back home but I met my boyfriend and got pregnant, and my motherly instinct have stopped me. I witness the love and affection of my partner to us especially to her daughter but then we knew that we cant live being scared all the time. we had decided to put things straight, go home and then work out to start a new life. But the lack of resources is stopping us, as i don't earn much (working 4hrs a day, 4times a week @ 6.50 pounds an hour) and my partner as i had said is jobless that time. It took us 2 years to finally be ready to do the plan. Here we are now, asking your advises and help to finally start a new life, not only for us but especially to my daughter who doesn't know anything that had happened and only knows that one day, we're going home to her dad and be a happy family again.
I understand that some people condemn me for what i did, i can't say anything for that. I'm asking your help to put things straight.

thank you

[keithAngel]

No condemnation on my part Donna throughout asia there are many thousands of westerners who breach local immigration rules with bribes and one day visa runs to adjacent countries.

From a time perspective immigration rules are a new beast and are mostly designed to economically keep people in there place.

Its not very long ago we would simply turn up with a gunboat and "discover" some place with resources we wanted and the natives became our subjects overnight ours to use as we please in fact its still going on in the middle east right now dressed up as "mutual aid"

Your baby in my opinion was entitled as an English child to receive the support of her NHS and both you and your guy whilst breaching the "laws" did just enough to ensure your basic rights as humans to food and shelter at least at the level you describe you cannot be accused of destroying the planet by careless consumption whilst your brothers and sisters starve.

It has been said that there are a million illegal immigrants here so it is evident that these laws not only dont work but are unworkable

The law is not a sacred cow all of the rights we have now at some point were against the laws of that time and many people were imprisoned and killed to overturn them In fact it is the citizens ultimate right and duty to say no and of course be punished when we are faced with unjust rules and regulations:xxgrinning--00xx3:

Good Luck in your application

[jaishann]

thank you very much for those who commented on my case. i know that it will be very hard for us but we'll try my best. We have had breach the rules because of circumstances, and we are sorry for that, We want to put everything straight not just to be willing to abide the rules but most importantly for our family to live together legally, peacefully and happily.

to those who were asking what is my daughter's passport, its a filipino passport. that time, we thought that my daughter cannot get british citizenship even though her father is a british citizen because we were not married and was afraid to ask Home Office because our intention is to go home voluntarily and not to be deported, so that we wont face a ban in the UK in our future application.

Hello Donna,,just keep in mind things happen for a reason. Focus and have faith and as Pete said be honest. (it's the best policy)..

People made mistake and I'm happy to hear that you ackowledge them. For you to come out and seek advise through this site is one good move. Hoping all things goes well and Keep the spirit up.

[LEAHnew]

Thank you for all those who reply on my thread.

Ever since I had overstayed in UK i knew i had breached the law, scared all the time, that if they caught me, i will get imprisoned and eventually be deported but the circumtances that i had havep forced me to stay even though its wrong. Before my visa expired, my father got very ill and in need of dialysis every week. As all of you know, the cost of dialysis here in the Philippines is very expensive. Its only me, where my family who can rely on. And if it a matter of life and death, i think most of you will do the same, sadly after 1 year of battle, my father passed away. After that, I already planned to go back home but I met my boyfriend and got pregnant, and my motherly instinct have stopped me. I witness the love and affection of my partner to us especially to her daughter but then we knew that we cant live being scared all the time. we had decided to put things straight, go home and then work out to start a new life. But the lack of resources is stopping us, as i don't earn much (working 4hrs a day, 4times a week @ 6.50 pounds an hour) and my partner as i had said is jobless that time. It took us 2 years to finally be ready to do the plan. Here we are now, asking your advises and help to finally start a new life, not only for us but especially to my daughter who doesn't know anything that had happened and only knows that one day, we're going home to her dad and be a happy family again.
I understand that some people condemn me for what i did, i can't say anything for that. I'm asking your help to put things straight.

thank you

oh that makes me emotional:bigcry:Goodluck Donna! Keep the faith and be strong:xxgrinning--00xx3:

[Arthur Little]

Arthur, I love what you said. I just wish I can be as wise as you.

Flattery will get you EVERYWHERE, Florge! :lol2: Seriously, though, I'd like to thank you for your kind words of support, in what had been on the brink of escalating into fairly controversial differences of opinion between myself and another member. :xxgrinning--00xx3:

[IainBusby]

you dont deserve to be allowed back, you have abused the system, and to all the people who follow the rules, you are a disgrace, I suggest you get a job in SM, and live in the philippines, you are obviously distrustful , and deceitful:ARsurrender::ARsurrender::ARsurrender::ARsurrender:

Wow, aren't we just so full of the milk of human kindness and compassion.

[Arthur Little]

Wow, aren't we just so full of the milk of human kindness and compassion.

MY thoughts entirely! :rolleyes:

[Arthur Little]

you dont deserve to be allowed back, you have abused the system, and to all the people who follow the rules, you are a disgrace, I suggest you get a job in SM, and live in the philippines, you are obviously distrustful , and deceitful:ARsurrender::ARsurrender::ARsurrender::ARsurrender:

Harsh words, indeed! I would refer you to the post submitted by Donna 6 days ago; it appears at the top of THIS page. Can I respectfully suggest you :ReadIt: ... and THEN ask yourself what [in all honesty] YOU would've done, HAD (God forbid) you found yourself facing a similar situation? And I quote:

"Let those who are without sin, cast the first stone!"

[donnabelvaldeo]

Thank you for your posts, i appreciate your time reading and commenting on my thread.

i will try to apply a visa, hopefully they will forgive me and consider my application as a fresh application.

i would like to ask you to please help me decide if i am eligible on an Unmarried Partner Settlement Visa.

As I had wrote in my previous posts, my partner and I had been living together since January 2005 until March 2008 when i went back voluntarily to Philippines. Our names and address were indicated in our daughter's birth and baptismal certificate as well as in other important documents with regards to my daughter. My name were not in any of the utility bills because i dont have credit references. I do have some post and club cards membership which is on the addresses where we were living. I would like to ask you if this is enough to be eligible in applying as an Unmarried Partner or should I just apply as a Fiance visa.

Thank you very much.

[donnabelvaldeo]

Thank you for your posts, i appreciate your time reading and commenting on my thread.

i will try to apply a visa, hopefully they will forgive me and consider my application as a fresh application.

i would like to ask you to please help me decide if i am eligible on an Unmarried Partner Settlement Visa.

As I had wrote in my previous posts, my partner and I had been living together since January 2005 until March 2008 when i went back voluntarily to Philippines. Our names and address were indicated in our daughter's birth and baptismal certificate as well as in other important documents with regards to my daughter. My name were not in any of the utility bills because i dont have credit references. I do have some post and club cards membership which is on the addresses where we were living. I would like to ask you if this is enough to be eligible in applying as an Unmarried Partner or should I just apply as a Fiance visa.

Thank you very much.

[rusty]

The Entry Clearance Officer will need to see evidence of a two-year relationship. This may include:

documents showing joint commitments, such as bank accounts, investments, rent agreements or mortgages, and
letters linking you to the same address, and official records (such as a gas or electricity bill or proof of your rent or mortgage arrangements) of your address
I think the best way is fiance visa as you did not put yourself on any official documents as you decided to cheat the system.

[pennybarry]

Is that how linient is UK immigration?:omg:
You must be lucky then.
I wish you can sort all this especially your baby's docs.
Goodluck!