If your visa expires you could be in theory deported. With out a good reason they may not let you reapply.
Others will know the full details.
If your visa expires you could be in theory deported. With out a good reason they may not let you reapply.
Others will know the full details.
My friend was advised to either get a solicitor or go home and re-apply for a settlement visa She chose getting advice from a lawyer but did she make a right decision there? I heard some takes 2 years and the case still not resolved. Going back home and applying for another settlement visa maybe a disaster aside from paying the plane ticket there and back, visa fee, and the horror of waiting if the visa will be approved or not due to overstay record. Which is a better choice?
A winning horse doesn't know why it runs in a race.
It runs because of the hits of pain.
Life is a race. God is your rider.
So if you're in pain,
then think God wants you to win
If you get deported you only have to pay for the flight back to the UK, as the UK tax payer pays for a one way flight to your home country.
If the appeal is going to take a couple of years I would have thought the short term hassle of being deported would be the best bet. Especially as I think the new visa application is unlikely to be refused.
A winning horse doesn't know why it runs in a race.
It runs because of the hits of pain.
Life is a race. God is your rider.
So if you're in pain,
then think God wants you to win
the last thing you want is to get a deportation notice and be deported, and even worse the tax payer paying for it , she could face a ban from coming to the uk for a while if that happens, even thou the bans are not mandatory for a spouse, but if she waits til the gov deports her, i would have thought she could well face a ban.
if she applies for her visa and its refused, i think she will be given 28 days to leave the country, she could then leave within that time and pay for her own flight, and apply for a spouse visa again(a chance she could still face a ban but not as long if she goes back b4 a notice is served)
but if she has heard nothing from the home office, it might be better she goes back to the phils asap and just apply for a new spouse visa, if she is not stopped on exit at the airport (small chance) the HO will not know she has overstayed, unless they can be bothered to check the stamp on when she arrived back in the phils but a good chance she will not risk facing any ban.
thou she is better getting free legal advice b4 she does anything and makes a big mistake
she should contact someone like her local law centre and speak to a immigration solicitor for free and look at what options she has. but like i said b4 why didn't she apply for a visa b4 it expired, how long has it expired, etc need looking into
http://www.lawcentres.org.uk/lawcentres/
I did read the rules a while back and I'm sure spouses cannot be banned in the same way.
All I am saying is that if someone got as far as either having the option of a two year appeal process to get a visa or being deported and quickly returning then maybe the deportation would be the better option as either way you've messed up your immigration history.
As I said previously I'm aware of someone who was deported and is just re-applying for a visa to get back into the UK, if they are not back quickly then maybe it wasn't the best option...
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