Newbie

[jonnyjames2]

Hello all. :Wave: How are you? I loved that long hot summer :sunshine:

Typical August Bank holiday weather now, though! :raining:

My name is Jonny James but it is ok to just call me JJ if you are in a hurry. :Jump:
I live in Central London

I joined here before but the email account that I set up would not work very well, in fact it would not work at all. :doh

So I have changed it to outlook, which seems to be much more reliable than mail.com

Hope to catch up with you all soon :smile:
JJ

[Michael Parnham]

Welcome JJ, is your partner a Filpina, if so where in the Philippines is she from? :xxgrinning--00xx3:

[jonnyjames2]

Thank you for your welcome
Yes she is from the Philippines Michael

[jonnyjames2]

Everybody must be away?
This looks like a very interesting site for information and help

I just want to present the facts here below

We've been married almost 6 years now and my wife has lived here in the UK for just over 5 years

My wife has not had a day's work since she has been here

I would like to know if this would prevent her from obtaining her Indefinite Leave to Remain status which is due for her to apply for it in October of this year 2018?

Looking around this site I've not seen any other post on this subject?

I would be grateful for any help and advice on this matter

Thanking you in advance

JJ

[jonnyjames2]

Everybody must be away?
This looks like a very interesting site for information and help

I just want to present the facts here below

We've been married almost 6 years now and my wife has lived here in the UK for just over 5 years

My wife has not had a day's work since she has been here

I would like to know if this would prevent her from obtaining her Indefinite Leave to Remain status which is due for her to apply for it in October of this year 2018?

Looking around this site I've not seen any other post on this subject?

I would be grateful for any help and advice on this matter

Thanking you in advance

JJ

Amazing! It seems that I have asked a really difficult question on my post
57 views and not one bit of advice or help with my enquiries

[SimonH]

I'm sure someone will come along to help soon, sorry but I don't know the answer.

One assumes she is not claiming any benefit, and is solely dependent upon your income?

[jonnyjames2]

I'm sure someone will come along to help soon, sorry but I don't know the answer.

One assumes she is not claiming any benefit, and is solely dependent upon your income?

Ah Thank you Simon
Yes I support her

[raynaputi]

Her lack of work will not be against in gaining a successful ILR. What would matter is you, the sponsor, can show that you are capable of supporting her, i.e. you are able to show your yearly earnings of £18,600 or having the required savings if you don't meet the financial requirements.

Have a read on this.

https://www.gov.uk/settle-in-the-uk/y/you-re-the-family-member-or-partner-of-a-british-citizen/yes/some-other-way/partner/you-re-still-with-your-partner

[jonnyjames2]

Her lack of work will not be against in gaining a successful ILR. What would matter is you, the sponsor, can show that you are capable of supporting her, i.e. you are able to show your yearly earnings of £18,600 or having the required savings if you don't meet the financial requirements.

Have a read on this.

https://www.gov.uk/settle-in-the-uk/y/you-re-the-family-member-or-partner-of-a-british-citizen/yes/some-other-way/partner/you-re-still-with-your-partner


Hello dear Rayna
thank you
To be frank with you
The time has now come for me to explain with more details about our situation
I am not earning this amount of money anymore , in fact I'm on pension and DLA due to an old accident at work and this is all the income I have
Will I be exempt from paying anything at all?
Regards
JJ

[jonnyjames2]

I replied to Raynaputi the other day with another request for help
Why wasn't my post displayed on here?
Also, why wasn't I given an answer?
Regards
JJ

[grahamw48]

Maybe your subscription payment hasn't gone through yet ? :Erm:

[jonnyjames2]

Maybe your subscription payment hasn't gone through yet ? :Erm:

Isn't this a free advice site?

[raynaputi]

Sorry for the late reply. Your post went to Moderation since you are a newbie.

To answer your question, have a read on this. https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/636618/Appendix_FM_1_7_Financial_Requirement_Final.pdf

Your case is in page 15.

[jonnyjames2]

:Hellooo: Beautiful, warm, gentle September's day
It looks like we might get an Indian summer after all

[jonnyjames2]

Hi all

I will be grateful for some help and advice on this matter here below

Does anyone on here know what could happen if my wife missed the deadline to complete her application form for ILR?

All replies appreciated
JJ

[raynaputi]

Hi all

I will be grateful for some help and advice on this matter here below

Does anyone on here know what could happen if my wife missed the deadline to complete her application form for ILR?

All replies appreciated
JJ

You mean when her current visa runs out and she hasn't applied for ILR? She won't have the right to stay here in the UK and she would need to go back to the Philippines and start the process all over again.

[jonnyjames2]

You mean when her current visa runs out and she hasn't applied for ILR? She won't have the right to stay here in the UK and she would need to go back to the Philippines and start the process all over again.

Dear Rayna,

Thank you. Can they make her go if we don't want to have to start these visa applications all over again?

[raynaputi]

Dear Rayna,

Thank you. Can they make her go if we don't want to have to start these visa applications all over again?

What do you mean? Would immigration officers or Home Office make her go back to the Philippines if she doesn't have ILR and rather have an expired visa? Yes they can if they catch her. But that would be living a life always worrying whether she would be caught or not. She also won't be entitled to any benefits since her current visa doesn't have recourse to public funds.

Also if she intends to work in the future, she won't be able to since she has an expired visa and doesn't have a right to stay and work here. She might also be reported to Home Office by possible employers if that happens. Hence, they can deport her.

Don't risk anything that would jeopardise both your lives here in the UK. If she gets caught with expired visa, she will be deported and will have a 10 year ban of getting back here.

[yulie & jeff]

Welcome aboard

[jonnyjames2]

Dear Rayna,

Thank you. That's what I thought would happen in everything you say is correct. All I need is for my wife to be suitably impressed with your points of views too

If my wife passes the day of her application for her ILR, how long do they generally take before the Home Office will give her notice to quit the UK? If my wife is still here after these notices from the Home Office?

What could happen next?

Regards
JJ

[raynaputi]

Dear Rayna,

Thank you. That's what I thought would happen in everything you say is correct. All I need is for my wife to be suitably impressed with your points of views too

If my wife passes the day of her application for her ILR, how long do they generally take before the Home Office will give her notice to quit the UK? If my wife is still here after these notices from the Home Office?

What could happen next?

Regards
JJ

To be honest, I don't really know. I haven't heard anyone here in the forum letting their visa run out and not getting an ILR as their own choice.

[jonnyjames2]

Dear Rayna,

Thank you. This may sound a strange question to ask:

Do you think the Home Office might hold me responsible for my wife's failure to complete her ILR form?
I'm getting a little anxious here

Thank you
JJ

[raynaputi]

Dear Rayna,

Thank you. This may sound a strange question to ask:

Do you think the Home Office might hold me responsible for my wife's failure to complete her ILR form?
I'm getting a little anxious here

Thank you
JJ

Errr...I don't think they will be too concerned about your responsibility for your wife's failure to apply or refusing to apply for ILR. Unless you can't show you can support her as a sponsor, then that'll be your only problem. All the Home Office needs from you are the documents you can support her financially and you have proper accommodations for the both of you. Although the financial requirement is really the toughest and yet the most important requirement.

You better get some help with an immigration solicitor with regards to all your legal questions. We can only supply you information based on experiences of the members here and our own understanding of the rules. To be honest, no members here in the forum, as far as I know, have refused to get their wives (or their own) ILR. I don't understand why your wife wouldn't want to get an ILR???

[grahamw48]

Perhaps she (or he) has run off with somebody else, and this questioning is all a smokescreen ? :Erm:

[jonnyjames2]

Perhaps she (or he) has run off with somebody else, and this questioning is all a smokescreen ? :Erm:

Err Graham
Smoke screens??
I wish you could talk in proper English
Perhaps your wife has run off with your tongue?

[SimonH]

JJ,

Why not cut all the drip feeding of information, and just tell us the whole story?


It could save a whole lot of time and get you the correct advice or answer.

[grahamw48]

JJ,

Why not cut all the drip feeding of information, and just tell us the whole story?


It could save a whole lot of time and get you the correct advice or answer.

Agree ! :xxgrinning--00xx3:

[jonnyjames2]

I have my reasons

I can assure you will get the same questions that I get then as they come in and I will post my request on here

[jonnyjames2]

Errr...I don't think they will be too concerned about your responsibility for your wife's failure to apply or refusing to apply for ILR. Unless you can't show you can support her as a sponsor, then that'll be your only problem. All the Home Office needs from you are the documents you can support her financially and you have proper accommodations for the both of you. Although the financial requirement is really the toughest and yet the most important requirement.

You better get some help with an immigration solicitor with regards to all your legal questions. We can only supply you information based on experiences of the members here and our own understanding of the rules. To be honest, no members here in the forum, as far as I know, have refused to get their wives (or their own) ILR. I don't understand why your wife wouldn't want to get an ILR???

Thank you dear Rayna
I want to thank you for you kindness in helping us
I know it might sound a bit messy with all these questions
We are hoping her new passport comes back soon before we can make any progress towards her ILR application
Regards
JJ

[jonnyjames2]

Hello all
My wife's new passport hasn't arrived from the Philippines yet
We hope it will be here soon.
She must apply for her ILE status very soon
Otherwise we could be in trouble
This week is 10 weeks ago we sent it off
Regards
JJ

[cheekee]

I don't know why you left your wife's passport renewal so close to the required time to apply for ILR. It would have been better to apply earlier. Did you at least take a copy?

In the case of our recent FLR-M application there was a question about whether or not you can supply the passport and if not state reasons why. You might be better off stating that it hasn't arrived if it doesn't come in time. Did you get a receipt for the passport application from the Philippine Embassy? Maybe submit that as evidence with a note you will supply the passport as soon as it arrives.

I would get specialist advice if I was you. You can't in any circumstance let your wife's visa expire.

[grahamw48]

Good advice. :xxgrinning--00xx3:

[jonnyjames2]

Thank you Graham

Yes, we do have a receipt of our payment too
My wife still has her original passport
I phoned them earlier today and was informed that they will send me a message as soon as it comes into Phil Embassy. So we just have to sit and wait

Best wishes

[cheekee]

In that case if the new passport doesn't arrive in time submit the old passport and receipt for the new one and explain why you can't supply the new one.

Better that than let the further leave to remain expire.

The old passport could still be considered valid in terms of the ILR application. The timing can be explained by the passport expiring close to the time of the ILR application and FLR expiration.

[jonnyjames2]

Hi all

Before we apply for ILR

You may need to pass the Life in the UK test as part of your application. Read the Life in the UK guidance to find out more about the test and whether you are exempt.

We have her new passport now

Does my wife need to do this test 1st?
Thanks
JJ

[raynaputi]

Yes.

[jonnyjames2]

Thank you Rayna for your reply

What are the limitations past the end of her application after her visa had expired, which ended 4th Oct 2018?

We are now 20 days overdue

Can she still have a chance to get her ILR or is it too late now?

Regards
JJ

[raynaputi]

Her ILR application will be refused. You really don't have any choice since it's already expired. Better get an immigration solicitor to help you and explain to you further your options. The members here prepare for such visa applications a year before the expiration to make sure they won't have any problems when application time comes.

Your wife is considered as an illegal now at the moment. She doesn't have a valid visa to stay here. I'm sorry to say but you can only blame yourselves for not preparing for this so much earlier than required.

Read this: https://www.freemovement.org.uk/overstaying-applying-leave/

[cheekee]

According to the guidance used by UKVI, the only time an ILR application will be considered when the current visa has expired is in exceptional circumstances. Like bereavement..

I don't think your case falls under any exceptional circumstance. As Rayna says, your wife is now an overstayer with no good reason for it.

You should have started thinking about the ILR at the time of getting the last FLR. I don't understand why you left something so important so late.

[cheekee]

Now if she is unwell and needs to go to hospital, it will flag up on the computer system that she is unentitled to NHS treatment except for emergency treatment in A & E. If she's admitted to hospital she will be charged for treatment.

[Michael Parnham]

The whole thing seems very strange to me, why was it left so late? :Erm:

[jonnyjames2]

Maybe I'm getting desperate I'm grasping at straws here ?
Seeing that I'm originally an Irish citizen
I will try to find out if my wife could join me on this status too ?

[jonnyjames2]

Is it too late for my wife to apply for an extended by spouse visa for 2 years ?

[raynaputi]

You need to contact an immigration solicitor asap and seek for their help.

[jonnyjames2]

You need to contact an immigration solicitor asap and seek for their help.

Thank you Rayna

[Michael Parnham]

Thank you Rayna

Good luck :xxgrinning--00xx3:

[jonnyjames2]

Thank you Michael

[jonnyjames2]

It looks like we may have blown our chances ?
Any idea what could happen next?

As an Irish citizen are we protected under EU law here in England in regards to our human rights to our husband and wives ?

Before we run out of options

[raynaputi]

As I've said before, contact an immigration solicitor now so they can explain to you what your options are, if there's any. We can't help you more.

[jonnyjames2]

Hello Rayna
You have been a champion help to us
Last night we went to see an immigration lawyer, he told us that we have 28 days from the 4th of October to complete our application
Also we can finish the ILR application form and send life in the UK appointment later, with a footnote pointing this out
Regards with thanks
J.J.

[jonnyjames2]

Oh dear it looks like this lawyer from last night hasn't kept up to date on the immigration rules
From what he told me in my message above it could be wrong it seems to be 14 days only
I wish I could find out somewhere for sure?

[raynaputi]

Read my post #38. There's the link.

[cheekee]

It's been 14 days since the last change in the rules sadly.

[jonnyjames2]

Yes it is sad, we had our chance, and then we blew it all away with our delays.
Any idea when will they send in the goon squad to separate my wife and I away from each other ? 😢

[raynaputi]

She needs to leave the UK as soon as possible voluntarily and at her own expense. If she waits to be caught, then she'll have the worse outcome.


Immigration consequences of overstaying

Overstaying can also have long-term consequences for an individual’s future in the UK. Individuals who overstay in the UK may be subject to a re-entry ban under rule 320(7B) of the Immigration Rules.

Under rule 320(7B), overstayers are normally barred from re-entering the UK for at least one year, unless they overstayed by less than 90 days and left the UK voluntarily at their own expense. The ban extends to two years, five years or even ten years in some circumstances.

[jonnyjames2]

Thank you Rayna
Yes your post is correct

I just came across this information just recently
What do you think of this below ?

Get help to return home if you’re a migrant in the UK: Who can get help?

-.GOV.UK
https://www.gov.uk/return-home-voluntarily/who

Regards
J.J.

[raynaputi]

Thank you Rayna
Yes your post is correct

I just came across this information just recently
What do you think of this below ?

Get help to return home if you’re a migrant in the UK: Who can get help?

-.GOV.UK
https://www.gov.uk/return-home-voluntarily/who

Regards
J.J.

Yes, you can contact them.

[jonnyjames2]

My wife got a HO letter today
She has to leave the UK within 7 days or they will issue a 90 day notice and they will knock on our door anytime to put her into a holding deportation tank

[SimonH]

My wife got a HO letter today
She has to leave the UK within 7 days or they will issue a 90 day notice and they will knock on our door anytime to put her into a holding deportation tank

Make sure she's gone within 7 days or there's very little chance she'll ever be allowed back.

I know retrospect is a wonderful gift but maybe things would have been different if you'd have given the whole story at the end of August as was suggested, instead of procrastinating.

[jonnyjames2]

Simon H

I think you need to back off and try to have some understanding that some people can at times have more problems when they are going through some rough times with all these immigration rules that are constantly changing.

I'm not getting any younger either. If I was to tell yo the whole story, I don't know if you could handle it?

[jonnyjames2]

The Home Office has given my wife her marching orders.
She now has a ticket to board a flight at Heathrow on Sunday 18th Nov 2018 11am to the Philippines.

It looks like this will be the end for us :-(

[grahamw48]

Oh dear.

So, you'll be moving to the Philippines at some point in the future ?

[jonnyjames2]

Oh dear.

So, you'll be moving to the Philippines at some point in the future ?

Hi Graham
No I will not move to the Philippines
JJ

[jonnyjames2]

Hi Graham
No I will not move to the Philippines
JJ

And to be more clear, it now seems to me my wife was not too keen on staying here in the UK