‘I do not want to be separated from my husband’ - east Norfolk couple facing immigration battle

[joebloggs]

no comment :NoNo:

More than 400 people have signed a petition backing Newport couple Arlene and Stephen Watty in their struggle against deportation.

....
read more here .. http://www.edp24.co.uk/news/i_do_not_want_to_be_separated_from_my_husband_east_norfolk_couple_facing_immigration_battle_1_3344441

[stevewool]

maybe if she was some sort of criminal she could get legal aid and then win her case and after that sue the goverment for thousands, but hang about who has she murdered or raped or robbed, no one , bye bye then

[gWaPito]

How did she marry on a student visa?

[joebloggs]

How did she marry on a student visa?

easy you don't need a 'certificate of approval' from the HO, it was abolished in May 2011

but she should, or must return home to get entry clearance and apply for a settlement visa, just like everyone else on here :biggrin:

[grahamw48]

Aint life great....until that bubble you were living in bursts. :NoNo:

Silly people.

[joebloggs]

i wonder how she is working full time, it looks like the only visa she has is an expired student visa, i wonder when it expired :cwm25:

[gWaPito]

easy you don't need a 'certificate of approval' from the HO, it was abolished in May 2011

but she should, or must return home to get entry clearance and apply for a settlement visa, just like everyone else on here :biggrin:

So where has this 'years of red tape' appeared from :Erm:
They just apply for settlement just like most of us. ....unless they have a problem with the criteria. If it takes years, it's down to them :NoNo:

[gWaPito]

I've just read the story. She looks good for 45. Definitely not a smoker
She's done her husband proud.

[joebloggs]

So where has this 'years of red tape' appeared from :Erm:
They just apply for settlement just like most of us. ....unless they have a problem with the criteria. If it takes years, it's down to them :NoNo:

:icon_lol: redtape and backlog, expired student visa, working full time :biggrin:

“If I have to go back to the Philippines, it could take years for my application to be dealt with.

[grahamw48]

Hubby will soon settle into a Nipa hut in the province. :biggrin:

[Arthur Little]

maybe if she was some sort of criminal she could get legal aid and then win her case and after that sue the goverment for thousands, but hang about who has she murdered or raped or robbed, no one, bye bye then

That's the problem, Steve ... :anerikke: ... she's not getting to "hang about" ... not in the UK, anyway! :NoNo:

Come on, Arlene - you give 'em laldy! :icon_lol:

[grahamw48]

http://i21.photobucket.com/albums/b258/grahamw48/IllegalImmig_zps4850353c.jpg~original

[Arthur Little]

Link

http://www.edp24.co.uk/news/i_do_not_want_to_be_separated_from_my_husband_east_norfolk_couple_facing_immigration_battle_1_3344441 (Paragraph 21)

Mind you, :icon_rolleyes: a couple of cars parked in the driveway ... :Erm:

[gWaPito]

Hubby will soon settle into a Nipa hut in the province. :biggrin:

I stuck it 3 weeks. ..I couldn't stand it a night longer :Rasp: The resident tuko was getting under my skin. ...:cwm23:

[tiger31]

This one of the reasons others find it hard to get into the U.K the normal route by others abusing the system although it seems harsh but rules are rules we don,t all agree with them but they are there for a reason .If she had gone back to the philippines at the end of her visa they would,nt be in the mess they are in today.If this couple are allowed to stay it will encourage others to overstay their visas.I want my g,f to come too but I have to wait and save the money as I worked it out to be over 4 grand to get us all over money which I aint got right now as i,m finishing off my house.

[joebloggs]

This one of the reasons others find it hard to get into the U.K the normal route by others abusing the system although it seems harsh but rules are rules we don,t all agree with them but they are there for a reason .If she had gone back to the philippines at the end of her visa they would,nt be in the mess they are in today.If this couple are allowed to stay it will encourage others to overstay their visas.I want my g,f to come too but I have to wait and save the money as I worked it out to be over 4 grand to get us all over money which I aint got right now as i,m finishing off my house.

:xxgrinning--00xx3: all the money they've spent on failed visa apps and solicitors etc,

but i wonder if she didn't go back because of the minimum income threshold as it looks like he was unemployed at the time and it might have taken him along time to get a job, and not because of 'backlogs in Manila' which I've never heard of :cwm25:

you have to go by the rules, she needs entry clearance something you don't get on a student visa and you need to pay for that which is alot more than a student visa :NoNo:

[fred]

Sold out! Flights and buses full as Romanians and Bulgarians head for the UK


http://www.dailymail.co.uk/news/article-2531440/Sold-Flights-buses-Romanians-Bulgarians-head-UK.html


Rules is rules!!! :icon_lol:

What a ....... joke!!

[Michael Parnham]

Am I missing something? I feel really sorry for them!:Erm:

[joebloggs]

Sold out! Flights and buses full as Romanians and Bulgarians head for the UK


http://www.dailymail.co.uk/news/article-2531440/Sold-Flights-buses-Romanians-Bulgarians-head-UK.html


Rules is rules!!! :icon_lol:

What a ....... joke!!

i think the joke is the daily mail
One airline has even doubled number of flights to meet demand

dedworth posted this link a while ago, it turns out the airline which has doubled its flights from 1 flight aweek to 2 flights aweek :icon_lol:




Am I missing something? I feel really sorry for them!:Erm:

I feel sorry for those who go by the rules and have to wait until they find a job, meet the minimum income threshold or wait for 6 months of bank statements\payslips etc..

[KeithD]

Send her home, so she can do it the legal way like the rest of us here. :xxgrinning--00xx3:

[joebloggs]

Send her home, so she can do it the legal way like the rest of us here. :xxgrinning--00xx3:

i'd be guessing she doesn't want to go home, because she would have to wait until her husband meets the minimum income threshold or until he can get the right papers\accounts etc from being self-employed :cwm25:

why else would she not go back, in less than a couple of months she could be back here with the correct visa :wink:

[tiger31]

well she knows full well once she leaves the u.k its going to take a long time and a lot of paperwork to get back in.The question is what would you guys do if you were in his position ? I must admit I would find it extremely hard to send her home on her own thats for sure .

[joebloggs]

that's why UKBA refuse some many visit visas and marriage visit visas because they know some will not return before their current visa expires or they will not stick to the terms of their visa (ie not getting married in the UK)

once your here people will waste money making visa apps that are bound to fail, wasting money on solicitors and court time when its almost certain their visa application or appeal will fail. they lost an appeal its time they played by the rules or it will encourage more people to do the same thing.

we don't actually know why she was refused or her appeal was refused :Erm: but i think its because of pera :biggrin: and no entry clearance :wink:

[raynaputi]

If only they have followed the rules, then it will not come into this. People from this forum have sacrificed a lot just to do it the legal way. Why can't they? I don't pity people who do things illegally. Suffer the consequences of your own action.

[grahamw48]

We might have a couple of new members seeking advice soon . :cwm25:

[joebloggs]

Sold out! Flights and buses full as Romanians and Bulgarians head for the UK


http://www.dailymail.co.uk/news/article-2531440/Sold-Flights-buses-Romanians-Bulgarians-head-UK.html


Rules is rules!!! :icon_lol:

What a ....... joke!!



No influx of migrant workers from Romania and Bulgaria, survey of airlines and coach companies finds

http://www.independent.co.uk/news/uk...s-9146866.html

dedworth the daily mail should hold their heads in shame (again) :NoNo:

[fred]

No influx of migrant workers from Romania and Bulgaria, survey of airlines and coach companies finds

Yeah?? I wonder who wants you to think that!!:icon_lol:

[joebloggs]

well dedworth hasn't posted any stories or pics of hordes of Romanians\Bulgarians landing either by sea or air, you would have thought the daily mail would be publishing them, seeing they haven't maybe you wonder why :cwm25:

[fred]

A person that was born in the UK that marries a girl of another nationality has problem getting his wife a spouse visa to the UK and yet another person from an eu country like Bulgaria,Poland or Romania with no direct connection to the UK can simply walk in and be entitled to benefits??.. What a bunch of mugs we are!!

[Michael Parnham]

A person that was born in the UK that marries a girl of another nationality has problem getting his wife a spouse visa to the UK and yet another person from an eu country like Bulgaria,Poland or Romania with no direct connection to the UK can simply walk in and be entitled to benefits??.. What a bunch of mugs we are!!

True! :crazy:

[joebloggs]

:icon_lol: well that's because they, like we are in the EU and the phils is not :NoNo:

but until we exit the EU there is not much we can do :cwm24:

[tiger31]

:xxgrinning--00xx3:
A person that was born in the UK that marries a girl of another nationality has problem getting his wife a spouse visa to the UK and yet another person from an eu country like Bulgaria,Poland or Romania with no direct connection to the UK can simply walk in and be entitled to benefits??.. What a bunch of mugs we are!!
:xxgrinning--00xx3::xxgrinning--00xx3:well said brother

[grahamw48]

A person that was born in the UK that marries a girl of another nationality has problem getting his wife a spouse visa to the UK and yet another person from an eu country like Bulgaria,Poland or Romania with no direct connection to the UK can simply walk in and be entitled to benefits??.. What a bunch of mugs we are!!

Exactly, and that's why WE in particular get wound up about it.

I voted NO to the Common Market in the first place, and whatever it has called itself since taking over the running of our country. :mad:

[HACHE]

once your here people will waste money making visa apps that are bound to fail, wasting money on solicitors and court time when its almost certain their visa application or appeal will fail. they lost an appeal its time they played by the rules or it will encourage more people to do the same thing.

we don't actually know why she was refused or her appeal was refused :Erm: but i think its because of pera :biggrin: and no entry clearance :wink:

Yeah the reason for refusal isn't clear.

I know of two Fiipinas who were originally here as students, who married and successfully got the spouse visa. When they married their partners, their student visa had expired :omg:

First one, married few months after her visa had expired, initially failed to get her spouse visa but won on appeal some months later.

The other married nearly a year after her student visa expired. Bit more complicated as in that year she was a victim of a visa scam where she was promised some other visa. Home office knew of the case too. Anyway within a few months of getting married she got her spouse visa.

In both cases the guys (sponsors) met the requirement of earnings, so as mentioned before, maybe that's the reason.
There are obstacles that make things hard, but if these are met then there shouldn't be much of a problem in my observations......

[joebloggs]

Yeah the reason for refusal isn't clear.

I know of two Fiipinas who were originally here as students, who married and successfully got the spouse visa. When they married their partners, their student visas had expired :omg:

First one, married a few months after her visa had expired, initially failed to get her spouse visa but won on appeal some months later.

The other married nearly a year after her student visa expired. Bit more complicated as in that year she was a victim of a visa scam where she was promised some other visa. Home office knew of the case too. Anyway within a few months of getting married she got her spouse visa.

In both cases the guys (sponsors) met the requirement of earnings, so as mentioned before, maybe that's the reason.

There are obstacles that make things hard, but if these are met then there shouldn't be much of a problem in my observations......

How long ago was these 2 cases ?

There have been some changes recently, as always, I'm sure if your visa has expired now and you make an new application for a visa, as your visa has expired you don't have 'leave to remain' if you don't have leave to remain you have no right to appeal, not unless she made an application for FLR before her student visa expired.

The thing is it says she is working full time, and her student visa has expired, no mention of any other visa, so I wonder if she has the right to be working, especially full-time :cwm25:

[HACHE]

How long ago was these 2 cases ?

There have been some changes recently, as always, I'm sure if your visa has expired now and you make an new application for a visa, as your visa has expired you don't have 'leave to remain' if you don't have leave to remain you have no right to appeal, not unless she made an application for FLR before her student visa expired.

The thing is it says she is working full time, and her student visa has expired, no mention of any other visa, so I wonder if she has the right to be working, especially full-time :cwm25:

The First one was Married n November 2012, her college had shut june. the UKBA had sent her a letter informing her she had 60days to either leave or find another course and apply for new student visa. She actually visited friends in Germany in this 60-day period ( after the letter had been sent) and on re-entry they initially refused to let her back in...however she had changed address and as the UKBA sent that letter to the old address my mistake they allowed her back in.
The second lady got married August last year, and within a few months got her spouse visa.

I always understood that once a college shut or the course ended the students visa (leave to remain or whatever) would expire after 60 days and they'd become overstayers, illegally here. However, it seems from my GFs experience the 60 days doesn't start until they receive official notice from the Home office stating such...

[joebloggs]

http://www.ukimmigrationbarristers.com/blog/new-uk-immigration-scam-emerges-as-foreign-students-marry-uk-citizens-to-prolong-stay/

I think in this case it looks like he doesn't meet the financial requirement :cwm25:, not enough info thou, but if her visa had expired before she applied for FLR then she should go back :NoNo:

[sentinent]

A Home Office spokesman said: “The decision to refuse the application was made in line with the immigration rules and has been upheld by an independent immigration judge.

“The Home Office considers each application to remain in the UK on its individual merits and according to the evidence provided.”

That says it all doesn't it? End of.

[joebloggs]

‘It feels like a lead weight has been lifted’ - Norfolk couple win two-year immigration battle to stay in UK

http://www.edp24.co.uk/news/it_feels_like_a_lead_weight_has_been_lifted_norfolk_couple_win_two_year_immigration_battle_to_stay_in_uk_1_3776867

[grahamw48]

Good for them. :xxgrinning--00xx3:

[Terpe]

Still not clear on the visa refusal and initial appeal failure.

Does anyone know the basis of this turnaround ?

I'm very glad they won the battle whatever the details

[Terpe]

For FLR both incomes should be allowed :Erm:

[joebloggs]

Forty-five-year-old Arlene, who works full time at a care home in Hemsby, moved to the UK from the Philippines in 2009.

She arrived on a student visa,studying health and social care, and a year later fell in love with a neighbour, Stephen, and the couple married in 2012.

As her student visa expired, Arlene applied for leave to remain - the common route for foreign nationals who marry British citizens.

http://www.greatyarmouthmercury.co.uk/news/i_do_not_want_to_be_separated_from_my_husband_east_norfolk_couple_facing_immigration_battle_1_3344441

working full time on a student visa :Erm:
in the name of fairness, she should have gone back, some people on here are struggling because of the minimum financial requirement :NoNo:

[Terpe]

http://www.greatyarmouthmercury.co.uk/news/i_do_not_want_to_be_separated_from_my_husband_east_norfolk_couple_facing_immigration_battle_1_3344441

working full time on a student visa :Erm:
in the name of fairness, she should have gone back, some people on here are struggling because of the minimum financial requirement :NoNo:

I know what you think joe, but it depends how you read and interpret that uninformed media report.

Those pieces you've highlighted do not refer to any single timeline.

At the time of writing that article she was working full time. Doesn't mean she was working full time when she arrived.

As her student visa expired she applied for FLR
That's what everyone does.....applies for a new visa as the old one expires.

I just think there's more to this story. It's the only one that the Home Office has 'lost' when immigration rules have been broken in the way that report seems to suggest.

There could be a valuable precedent and case law involved here. Maybe something to help lots of others

Just my view

[grahamw48]

Yes indeed. The press never let the facts get in the way of a good story. :xxgrinning--00xx3:

[joebloggs]

how can she work full time at the time of writing the article?, she was in the uk on a student visa.


As her student visa expired, Arlene applied for leave to remaindid she apply b4 or after it expired,,,

the above doesn't matter anyway Peter, they didn't meet the financial requirement , just as some on here are struggling to, so how is it fair on those who have been refused or cant apply :cwm25:

[joebloggs]

oops a bit didn't get posted,

your right about being more to the story (as always) , many reporters probably know little or nothing about immigration rules, and miss out important information.

I'm sure there are other similar cases where they were granted their visa (the missionary story) where they didn't meet the minimum financial requirement but in the end were granted their visa, i think all the ones i can remember they were already in the uk thou, so its a bit unfair for those who are not who are being refused or cant apply :cwm25:

[Terpe]

how can she work full time at the time of writing the article?, she was in the uk on a student visa.

did she apply b4 or after it expired,,,

the above doesn't matter anyway Peter, they didn't meet the financial requirement , just as some on here are struggling to, so how is it fair on those who have been refused or cant apply :cwm25:

So what 'key' allowed them to remain legally now after court ?
I'm just wondering if there's an important legal argument that can be used when others fall foul of the financial requirement at FLR :Erm:

[jane2009]

If they do right things from the beginning then they shouldn't encountered this kind of consequences. Sometimes people like to do thing short cuts.most of the members here followed the rules, why can't they? I don't give my sympathy to these people thinking what we been thru all the process to live here legally.

[grahamw48]

Fair point Jane.

That's why some of us rant and rave about illegals all the time. :xxaction-smiley-047

[joebloggs]

So what 'key' allowed them to remain legally now after court ?
I'm just wondering if there's an important legal argument that can be used when others fall foul of the financial requirement at FLR :Erm:

right to a family life ?