ILR Prep

[joebloggs]

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.

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/

[darren-b]

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...

[joebloggs]

yes i think spouses can be banned, thou they did change it for spouses, so its not a mandatory ban. more chance of a ban thou if she had committed something like fraud or deception thou.

we've not been told why she didn't apply in time, maybe she has a valid reason

[singkit]

we've not been told why she didn't apply in time, maybe she has a valid reason

She misread the visa expired 12-11-08 as december 10 instead of november 12 2008. Is that a valid reason? Because that's the truth ...a genuine mistake. We usually read dates in the Philippines as month first/day second/and then year. Poor fellah

[IainBusby]

She misread the visa expired 12-11-08 as december 10 instead of november 12 2008. Is that a valid reason? Because that's the truth ...a genuine mistake. We usually read dates in the Philippines as month first/day second/and then year. Poor fellah

I think that would be a good enough reason to ask for their understanding if she applies right away and includes a letter explaining the reason, but then again, I'm not some nitpicking, jobsworth, penpushing civil servant.
Iain.