Overstayed on a fiancee visa....what to do next?

[scuba888]

Hi guys,

need to ask some advice on behalf of a friend....(I did ask him to come on here himself but he is a computer technophobe)

anyway, his fiancee was granted a fiancee visa in April 2007(this date was far earlier than what was asked for on the application form), she arrived in the country in August 2007 . They assumed that the 6 month validty of the visa started from the date she entered the UK but in reality it expired in October 2007.
Their wedding was in January 2008, soon after they tried to apply for the FLR (extension of stay in the UK) only to be told that because she overstayed, she will not be approved as well as forfeiting the £595 application fee. Their advice was for her to return back to the Philippines.

My advice was for her to return to the Philippines and start again maybe to apply for a spouse visa now that they are married. The Filipina has also sort advice from a so called reputable Filipino Immigration Solicitor in London (cost them £60 in consultation fees) and was told that she did not need to return to the Philippines as it can be sorted out in this country, claiming he was 90% certain she will be granted an extension of stay.

Over the last few months, they were unsure what to do, whether to;

a) for her to return back to the Philippines and apply for a spouse visa/settlement visa or
b) get it sorted some how in this country without her returning to the Philippines

I suggested to them months ago that she should return to the Philippines but he told me she was nervous to travel by herself, and because of finances and work committment he can only travel with her in July. Yesterday I spoke to them and now they have decided for her to return to the Philippines (both of them travelling together) in 3 weeks time.

He now wants to seek advice as to;

1) once she is back in the Philippines, which visa does she now need to apply for her to join him again in the UK? is it a spouse visa, settlement visa, returning visa etc?
2) will there be a black mark on her because she overstayed (will the embassy believe it was a genuine mistake in reference to the validity of the visa?)
3) on leaving the UK, what happens at the departing immigration control at Heathrow, will she have to go to another room for an interview? Will there be a fine for overstaying?

I'll be happy to hear from those who have experienced this or have knowledge in such matter.


I apologise if this subject has been raised before, just couldn't find it on the search function.

Thanks in advance

Scuba

[joebloggs]

1) spouse visa is a settlement visa, as it leads to settlement

2)genuine reason :D, shes overstayed 9months, didn't realise the expiry date on her visa, was told in jan that she was an overstayer ?, 5 months ago :NoNo:, you'll get no sympathy from the HO.

she could try and leave from a airport outside london, early morning flight, to reduce the risks that there might be, small chance of that anyway, immigration officers who are checking passports of poeple leaving.

black mark, she has applied for FLR and it was refused, so they are aware she is an overstayer already,shes on a fiancee visa that was issued 14 months ago :doh

overstayers could now face ban from coming to the uk, wether she will face a one year ban, i don't know.

http://www.globalimmigrationsolutions.co.uk/news.htm

3) if stopped she might be served with a removal decisions (Form IS151), but i dont think they would keep her long, so she wouldn't miss her flight.


to my she has no option but to go back, her visa expired in aug, she knew she was an overstayer in jan..

also there is still a chance that the mandatory bans, which are not suppose to start til oct, but i'm sure they have already started, she might not get one, did she actually apply for FLR and it was refused or did she just enquire ?

[ginapeterb]

Sadly, and in my opinion your friends have acted in a fool hardy way, totally ignoring the rules that come with a marriage visa, what were they thinking ?

Everything was in their favor and yet they sought to ignore the rules that are applied and followed by everyone else, and now they seek to justify their position by hoping that somehow they will be able to get around the laws of the country, we may not like the system, but the system works if followed properly.

However, your friends are legally married in UK, you say in January 2008, and therefore, whilst the applicant overstayed beyond the validty of the marriage visa, the marriage in fact has taken place.

If they have applied for Further leave to remain, (you don't clearly state if they have done so, only indicated that they might have), should that application have been refused on the grounds of overstaying, there is little point in my opinion for the applicant to return to the Philippines to try and alternative route of entry, i.e. a spouse visa, a settlement visa for a spouse is only issued to an applicant who is wanting to enter the UK for the purposes of settling as a married person for the first time, the 24 months probationary period commences once the visa is issued, and not when the applicant enters the country, a fact many fail to notice until it costs them another £395.00 for extending it at a later date).

In this case, the applicant is already in the UK, has already crossed UK border, and is in fact now married, if the Home Office will not grant Further leave to remain, the Home Office will also have told the applicant in writing why they will not grant FLR and also what they must do, i.e. what is the validity of their status, they would not leave the applicant in limbo, what you have not told us about your friends, is the status of the applicant.

Its my guess, either your freinds have not applied as yet and have already been warned that they risk a refusal, or if they have, they have been told that the applicant has a certain amount of time to leave the UK, and there is a cut of date for this, and the applicant has been ordered by HO to leave the UK forthwith.

If not, then your freinds have not applied, and are still overstaying and seeking further advice before committing to such a move either way.

My advice is to seek the help of a specialist immigration solicitor, such as visiting the Immigration advisory service, and to put your freinds case before them, they can advise as to what representations can be made to the Home Office, they are known to not take any money in the initial stages and if the applicant is of limited means, very often they can take the case without payment, it could be that the Immigration advisory service may need to list a hearing to make a stay of execution of an order to leave the United Kingdom, this can be done and is often overturned once the facts have come before an immigration judge.

If your freind does decide to leave the UK on a scheduled flight, there is no immigration check on departing passengers in UK ports of departure, only a passport check to ensure the passenger is in possession of a boarding card, and that the boarding card is the same name as the passport, as far as immigration control is concerned, there is none in force, so the applicants departure is not going to spark any problem.

[joebloggs]

sure she should go and see her local law centre and ias

but i cannot see the HO giving her FLR, shes overstayed by 9 months

also if she did leave, and had to apply for a spouse visa, what other option is there ? she would have to send her marriage cert, and that took place many months after her visa had expired, maybe the case worker wouldn't notice, also doesn't it ask on the visa app form, if you overstayed in the uk? then you've got the problem of if you ' tell a lie , wave the visa goodbye'

it amazes me how people don't read the guidence notes or bother to check dates or what they need to do :NoNo: