Cherry seeking help about ILR

[cherrysorra71]

Hello guys, I'm Filipina, married to a British guy last 2010 and I have Further Leave to Remain.

When FLR ran out, I applied for Indefinite Leave to Remain. I was refused, and have no right to appeal, but they gave me 2 years to stay considering I'm married then I have to leave after that. I want to know if I can still re-apply for my ILR? Please help me.

Thanks a lot and God bless.

[Michael Parnham]

Hello Cherry welcome to the Forum. What were the circumstances of you arrival into the UK? Was it via Spouse visa, Fiancee Visa or Work Visa? When did you arrive and why were you refused? If you give us this information you will soon be advised by someone on here who could possibly help you.

Good luck! :xxgrinning--00xx3:

[cherrysorra71]

Hi, I arrived here in 2010 on a Marriage Visa for 6 months. So we got married here in the UK that year. When my visa ran out, I had to apply for Further Leave to Remain. And after 2 years, I needed to apply for Indefinite Leave to Remain. But I was refused because me and my husband were having problems. So I went to London to look for a job and didn't visit my husband for few months.

We were still arguing about me working in London far away from him. So he wrote to the Immigration saying that our marriage had broken down. But we got back together and he helped me with my ILR application. One of the reasons I was refused (as far as I understand) is that I didn't give the dates when I got back. That's the one thing I think that was possibly a problem. The immigration gave me 2 years to stay because were married, and after that I would have to leave. I don't have the right to appeal. So meaning I have to wait till my FLR runs out.

My husband thought that I might apply again.

To be honest, we don't have any idea. I'm very stressed coz I am planning to bring my daughter and she's turning 18 this coming August. My husband doesn't want to get a solicitor coz its a waste of money. I hope you can give me an answer to this problem.

Thanks for your time, I really appreciate it. God bless.

[sars_notd_virus]

Hi, I arrived here in 2010 on a Marriage Visa for 6 months. So we got married here in the UK that year. When my visa ran out, I had to apply for Further Leave to Remain. And after 2 years, I needed to apply for Indefinite Leave to Remain. But I was refused because me and my husband were having problems. So I went to London to look for a job and didn't visit my husband for a few months.

We were still arguing about me working in London far away from him. So he wrote to the Immigration saying that our marriage had broken down. But we got back together and he helped me with my ILR application. One of the reasons I was refused (as far as I understand) is that I didn't give the dates when I got back. That's the one thing I think that was possibly a problem. The immigration gave me 2 years to stay because we were married, and after that, I would have to leave. I don't have the right to appeal. So meaning I have to wait till my FLR runs out.

My husband thought that I might apply again.

To be honest, we don't have any idea. I'm very stressed coz I am planning to bring my daughter and she's turning 18 this coming August. My husband doesn't want to get a solicitor coz it's a waste of money. I hope you can give me an answer to this problem.

Thanks for your time, I really appreciate it. God bless.

Sorry to be horrid, but I think the Immigration has made the right decision...my only advice is leave after your visa runs out and apply in PH for a Spouse Visa with your daughter as dependent; that's if your husband still wants to sponsor you.

[Michael Parnham]

Sorry to read of your circumstances Cherry.

If you and your husband want to make a go of it and stay together,
just do as Sars suggests and good luck for the future.

Please keep us updated on your progress! :xxgrinning--00xx3:

[Arthur Little]

What's done is done, Cherry. Whilst :iagree: it couldn't have been easy trying to remember all the intricate details that needed to be attended to (visa wise) when you and your husband were "at odds" with each other so soon after your wedding, there's no point in me raking over old ground about the why's & wherefores. :nono-1-1: ... instead, you should now concentrate on putting things right with the Immigration Authorities if (as Michael says) you're BOTH still keen to make a go of your marriage and bring your daughter here as well.

Therefore, I would strongly urge you to follow the wise counsel that Sars has provided above.

Another point worth bearing in mind:

Since your daughter turns 18 in *August, it would be worth your while (financially) applying for BOTH of you (from the Philippines) *before her eighteenth birthday to enable her to travel to the UK classified as a minor/dependant relative.

Good luck with your respective visa applications. :xxgrinning--00xx3:

[cherrysorra71]

Thanks very much. Yes, I'll update you all about what's going on. For a while I have to save for whatever happens. Thanks and God bless

[raynaputi]

Your daughter will be turning 18 years old in August? When will your current visa run out? I think you would be having a hard time bringing her here in the UK. Child dependent must be under 18. When she turns 18, she won't be eligible for that anymore. Take into consideration that your case is quite complicated. I think you really need to seek the help of an immigration lawyer.

[cherrysorra71]

She's turning 18 this coming August. I know it's all my fault why it happened like this, but my husband is willing to bring my daughter, and me and my husband were ok since we got the result of my application. My FLR visa runs out early next year, and I'm thinking to see solicitor as soon as possible. My husband wants to seek help from the Citizens Advice Bureau regarding immigration coz he doesn't want to spend money for a solicitor.

[Arthur Little]

Cherry ... in my desire to offset some of the obvious strain you're undergoing at the present time, it would appear I may have [I]"jumped the gun" :icon_rolleyes: with my earlier post by suggesting you could save money on visa fees for your daughter if she were able to accompany you to the UK before her 18th birthday as your dependant relative.

Having read the view expressed by Rayna (#8) however, I'm not so sure the complexities of your case - let alone the time factor involved - will allow this to happen.

Which is why I am now also of the opinion that you and your husband really do require to enlist the services of a fully qualified immigration lawyer. :sorry-2:

[cherrysorra71]

Thanks a lot for the advice and opinions.

[sars_notd_virus]

She's turning 18 this coming August. I know it's all my fault why it happened like this, but my husband is willing to bring my daughter, and me and my husband were ok since we got the result of my application.
My FLR visa runs out early next year, and I'm thinking to see solicitor as soon as possible. My husband wants to seek help from the Citizens Advice Bureau regarding immigration coz he doesn't want to spend money for a solicitor.

Sorry again to sound horrid, you say you are both ok but with different perspective..you want to seek solicitor your husband wants to seek solicitor advice and he wants it free ?
I will stick to my first advice :..Go home when visa runs out!! ..its not fair for everyone.

[cherrysorra71]

Hello guys, sorry for some wrong information. I want to correct it coz I found the refusal letter coming from immigration and I'll write it down.. it says there: "You are not required to leave the United Kingdom as a result of this decision.

Does that mean that I'll re-apply again?

[cherrysorra71]

When my FLR runs out I have to apply ILR which is refused for some reason.

Here the details of the refusal:

"You have been granted permission to stay until January 2016. Please ensure that you understand the condition of you stay."

You are not required to leave the United kingdom as a result of this decision.

Does that mean than I can apply again for ILR here?

[sars_notd_virus]

Hello guys, sorry for some wrong information. I want to correct it coz I found the refusal letter coming from immigration and I'll write it down.. it says there: "You are not required to leave the United Kingdom as a result of this decision.

Does that mean that I'll re-apply again?


When my FLR runs out I have to apply ILR which is refused for some reason.

Here the details of the refusal:

"You have been granted permission to stay until January 2016. Please ensure that you understand the condition of you stay."

You are not required to leave the United kingdom as a result of this decision.

Does that mean than I can apply again for ILR here?

If it's the given statement from the Immigration and there's no clause stating ''NO APPEAL'' attached in your refusal letter of ILR then I believe you can apply FLR (Further Leave to Remain) before your visa runs out.

[cherrysorra71]

Thanks a lot, God bless you all.

[cherrysorra71]

Hello again. Can someone please tell me if my husband can sponsor my daughter to bring her here on whatever visa? Because I don't think I'm eligible. Although she's my dependant, I'm not working coz I'm just a housewife.

And I'm on an FLR visa seeking for ILR. Hope to hear any suggestions, thanks.

[malyn0422]

Hi - get an immigration lawyer to sort out the problem. You will waste more money if you won't seek legal advice in your case. It is expensive but it will sure help you. I had applied for a fiancee visa and FLR with an immigration lawyer and it all went smoothly. You can apply ILR after 5 years. FLR needs to be renewed after 2.5 years (as far as I know). Hope this helps

[Arthur Little]

Hi - get an immigration lawyer to sort out the problem. You will waste more money if you won't seek legal advice in your case. It is expensive but it will sure help you. I had applied for a fiancee visa and FLR with an immigration lawyer and it all went smoothly. You can apply ILR after 5 years. FLR needs to be renewed after 2.5 years (as far as I know). Hope this helps

:smile: Wise advice on your introductory post, Malyn ... and you're correct about 21/2 years being the eligibility timeframe for extended FLR - under the (now not so) New Rules - and 5 years for ILR.

However ... :anerikke: ... Cherry's case is a bit more complex - which is why :iagree: she really does need to seek proper legal assistance.

:welcomex: aboard our friendly filipino/uk community. :xxgrinning--00xx3:

[cherrysorra71]

Hi, I just want to make things clear. Like I'm on FLR visa for yrs then I'll need to apply for ILR. Coz I did apply for my FLR in 2011 and I'm on the old rules. I was just refused because of a lack of evidence. That's why they gave me another 2 years FLR visa because our marriage is still subsisting. But still, I'll follow your advice to get a solicitor about my case.

And it's true, a bit expensive, but they know how to handle it. And maybe it's best to save money for the solicitor for more queries. Thank you guys for helping me... More power and God bless.

[cherrysorra71]

I mean 2 yrs FLR VISA