Spouse visa

[break2012]

Hi,
My girlfriend and i will be getting married in the next few weeks and plan to live together. We are encountering many problems with this as her work visa runs out in October. We are very worried that she will be deported back to the Philippines. We dont know what to do about this so we can live together and with this new act on July 9th is so stupid as to be earning that kind of income a year I would have to be a surgeon.... Would it be the case that this meens us both would need to be working to make this kind of income?
We dont have a great deal of savings and jobs today are run by agencies. What hope do we have and what can we do as we will be living together in 4 weeks time. We love each other very much. Please help...

Kind regards

Paul

[joebloggs]

are you British or European ?

[break2012]

Yes I am a UK BORN citizen

[grahamw48]

Welcome to the forum. :xxgrinning--00xx3:

She will need to leave the country and then apply for a Spouse or Fiancee visa from her home country.

[Rory]

I think these new rules coming in on the 9th July are going to make major waves. How can they stop a married couple or even family from living together!!!!!

[break2012]

These new rules I see as a threat to break up loving couples and is against the human rights. It is causing us both a great deal of stress. This country and the government dont care... Yes I understand but its those that have used the system and now we are suffering.
There has to be a way around this!
If we are both working what could be the problem???
I am so upset and angry... I love her and she too loves me very much.
I now even more worry to the next thing they bring out and just deport her... Its wrong so wrong that the government wants to split up a family. :(
Something needs to be done!!!!!!!!!!

[break2012]

If she leaves the country she wont be able to return!

[grahamw48]

Why not ? :Erm:

[break2012]

I am very confused so please help.... we are both living stress..

[grahamw48]

You need to start reading the UKBA website first.

http://www.ukba.homeoffice.gov.uk/

Then assess the situation of yourself and your partner. All the information you need is on the UKBA website.

Members here will be able to advise once you've established what path you are able to go down.

You and she WILL need to comply with all immigration requirements. There is no way around that.

If she overstays she will be deported and probably not able to return for 10 years., so don't even think about it.

[Terpe]

Whoa!! Hold on there break2012

You don't give much background information, but based on what you've mentioned your g/f does NOT need to leave UK to remain as the spouse.
There are no regulations preventing her from marrying you and then switching to a spouse visa via an application for FLR (Further Leave to Remain).

Any person granted given entry clearance or leave to remain in any capacity, for more than 6 months is able to switch to a spouse of a person present and settled in the UK.

The key issue is that when she will submit the application for spouse FLR the new-rules that will be implemented on July 9th will apply and you will need to comply with all of them.(unless you can marry and submit application before Friday July 6th)
Two key issues mentioned will be Income Thresholds and English Test pass certification.

These changes are still being understood by us all, but I'm pretty sure I understood that technically when FLR is applied for, the new income threshold for FLR can be reached by combined joint income.

Here's what UKBA said in their Statement of Intent

Income from employment or self-employment of the sponsor (and/or the applicant if they are in the UK with permission to work).

Hope this will help you and lessen the stress

[break2012]

We thank you for your help.... but we get married in 4 weeks and how can I get my wife any work permit from maid to work any job?

[break2012]

Also.... I will be happy to tell you all I have spoken to my friend who has worked for the Sun paper for 30 years will be printing an artical about this new change an how its affecting people and if there is anything you guys wish to have printed about this matter on July 9th please post to me and I will have it printed :)

[Terpe]

We thank you for your help.... but we get married in 4 weeks and how can I get my wife any work permit from maid to work any job?

You said you g/f has a work permit that is valid until October.
Means she is entitled to work.
If she will marry you, apply and be granted FLR she will still be entiitled to work.

If there are complications or deviations from your original post then please outline them so we can best help you.

What do you see as the major challenges?

The rules state that as long as she still has 3 months validity on her work permit it should be no problem.
Are you saying she is in UK as a domestic employee.?

[lastlid]

Also.... I will be happy to tell you all I have spoken to my friend who has worked for the Sun paper for 30 years will be printing an artical about this new change an how its affecting people and if there is anything you guys wish to have printed about this matter on July 9th please post to me and I will have it printed :)

Interesting....

[CBM]

As Graham says, above, the one thing that she MUST NOT do is to overstay, unmarried, when her visa expires - that will almost certainly result in a ten year ban.

[Jack1969_uk]

Like you I get married in just over 3 weeks to my GF who is also a Filipina.
At present she is on a student Visa and can only work 10hrs a week and full time during school holidays.
After we are married thats when the issue with UKBA new rules start,
I am Unemployed and only recieve benefits and my HB and CT are paid for me I live on very little money and although we scrimped and save for the marriage its still hard on us.
She is a amazing lady whom I love very much and the thought of losing her is driving me over the edge,
We were discussing the situation this morning and may after go down the Student Route again even after marriage with her taking a Level 7 Post Graduate degree which is a 2yr course but that alone costs £3,200 a year and if she applies to extend her student visa which runs out in January 2013. The new Visa will state no work allowed so it will be impossible for her to work to fulfill this obligation to a new school unless its cash-in-hand work and as she is a Carer maybe able to find private work but no guarantees.
This new Ruling is taking away our basic human right to a family life our right to fall in love and our right to happiness, Article 8 of the Human Rights act is something that people should look into because no goverment can take away our right to Family life unless we have committed a crime then they take away our liberty.
I will go ahead as planned with my wedding because I dont want to lose her but if the goverment tell me I have to give up my right to live here with her and I should go live in Philippines I will fight them to my dying breath. I have a right as a British Citizen to be allowed to love and be loved and no goverment in Britain as the right to deprive me of that.
So Theresa May bring it on I will fight to the death to show this bunch of Hypocrites in Whitehall that as in Philippines People Power will prevail.

[grahamw48]

The problem is that while there are 'British' people who support foreign cricket teams, have 10 children, 50 uncles and aunts and a 100 cousins living as peasant farmers 6,000 miles away all clamouring to be be admitted, plus 100s of similar people engaged in cottage industries busy forging documents, arranging sham marriages and running fake college courses here...:NoNo:

[Jack1969_uk]

A Foreign criminal released from prison here in UK was allowed to stay because he had a damn cat and somehow he beat the system the immigration system is a complete joke.
Genuine people who are in love are been penalised becuase the home office messed up.

[Terpe]

A Foreign criminal released from prison here in UK was allowed to stay because he had a damn cat and somehow he beat the system the immigration system is a complete joke.
Genuine people who are in love are been penalised becuase the home office messed up.

Almost everyone can share your frustrations and anger.
I would only advise caution.
There's a lot of legal wrangling to follow, you can be sure of that.
Whatever the outcomes of those legal cases will form the base of the caselaw, that's what's needed to help.

Please do think carefully about any actions you take that may put your mahal in the UKBA firing line.
I have been personally involved in a couple of very similar cases, and the circumstances were heartbreaking. The processes that were taken by the Immigration people were distressing and the final outcome was to either voluntarily leave the UK by paying the airfare by a specified date or to face arrest, detention and deportation.
The MP was fully supporting, but the legal process did not have any impact.

I'm not saying just lay down and give up, but you do need to be aware of the consequences of your actions.

No offence intended, just trying to help.
If you have your team of lawyers lined up and ready to go to battle, then fair enough.

[joebloggs]

A Foreign criminal released from prison here in UK was allowed to stay because he had a damn cat and somehow he beat the system the immigration system is a complete joke.
Genuine people who are in love are been penalised becuase the home office messed up.

being allowed to stay in the UK because he owned a cat was a myth another :censored: by May(http://www.newstatesman.com/blogs/conference/2011/10/illegal-immigrant-pet-cat-home) but Judge gives Bangladeshi student permission to stay in the UK... because he loves cricket :doh

Read more: http://www.dailymail.co.uk/news/article-2080977/Foreign-student-allowed-remain-UK--telling-judge-love-cricket-demonstrates-loyalty-Britain.html#ixzz1zgU3cwML