married on a student visa- being sent home

[CBA]

Hello I wonder if anyone can give me some information as to what to do next, My son whose British got married in Scotland last yeart to a girl from the Phillipines. She was only here on a student visa which has run out (and yes I have told them how silly this was and that they should hve done something about it before now.) They now have six month old daughter. She applied for a visa which cost £480 to stay but has been refused. They don't have much money and this was really expensive to them. They now have her passport, their daughter doesn't have a passport and the letter says there is no reason why the family cannot go to the Phillipines to live as daughter not yet at school and move would be easy for her. My son has his own business so going to the Phillipines isn't practical for him. Is this likely to all end in tears (well I've shed a few already) or is it likely that she will be granted leave to remain. Hope someone can give us some advise. Thank you.

[RickyR]

I would highly recommend you start looking at appeals processes and if you can, look at an immigration lawyer.
This sounds like a clear breach of Human Rights, I don't really see how they can justify seperating a family like this.

[Pete/London]

Hello I wonder if anyone can give me some information as to what to do next, My son whose British got married in Scotland last yeart to a girl from the Phillipines. She was only here on a student visa which has run out (and yes I have told them how silly this was and that they should hve done something about it before now.) They now have six month old daughter. She applied for a visa which cost £480 to stay but has been refused. They don't have much money and this was really expensive to them. They now have her passport, their daughter doesn't have a passport and the letter says there is no reason why the family cannot go to the Phillipines to live as daughter not yet at school and move would be easy for her. My son has his own business so going to the Phillipines isn't practical for him. Is this likely to all end in tears (well I've shed a few already) or is it likely that she will be granted leave to remain. Hope someone can give us some advise. Thank you.

Tell your son to go and see his local MP.You may be surprised how just a letter to the relevant dept on House of Commons headed paper can pull strings.

[somebody]

LIke Pete writes ask your MP to assist how would the UK do if we lost yet another business in these tough times because we forced a business owner abroad to be with his family?

Be strong the wheels turn slowly but im sure you can win this one as a family


MP's have far better access to relevant departments both here and abroad.

[joebloggs]

Hello I wonder if anyone can give me some information as to what to do next, My son whose British got married in Scotland last yeart to a girl from the Phillipines. She was only here on a student visa which has run out (and yes I have told them how silly this was and that they should hve done something about it before now.) They now have six month old daughter. She applied for a visa which cost £480 to stay but has been refused. They don't have much money and this was really expensive to them. They now have her passport, their daughter doesn't have a passport and the letter says there is no reason why the family cannot go to the Phillipines to live as daughter not yet at school and move would be easy for her. My son has his own business so going to the Phillipines isn't practical for him. Is this likely to all end in tears (well I've shed a few already) or is it likely that she will be granted leave to remain. Hope someone can give us some advise. Thank you.

when you say the student visa had run out, when did it expire ?
when did they marry?
which visa did she apply for FLR(m) ?
i dont think its a breach of human rights, because no one is stopping your son going to the phils thou i'm pretty sure that would be one of the grounds for appeal.

you need an immigration solicitor, probably best to contact IAS http://www.iasuk.org/home.aspx for some advice first and ASAP.

[sars_notd_virus]

Hello I wonder if anyone can give me some information as to what to do next, My son whose British got married in Scotland last yeart to a girl from the Phillipines. She was only here on a student visa which has run out (and yes I have told them how silly this was and that they should hve done something about it before now.) They now have six month old daughter. She applied for a visa which cost £480 to stay but has been refused. They don't have much money and this was really expensive to them. They now have her passport, their daughter doesn't have a passport and the letter says there is no reason why the family cannot go to the Phillipines to live as daughter not yet at school and move would be easy for her. My son has his own business so going to the Phillipines isn't practical for him. Is this likely to all end in tears (well I've shed a few already) or is it likely that she will be granted leave to remain. Hope someone can give us some advise. Thank you.

An appeal process is good but i think it will take ages as far as ive read here and some articles about it....So my advice is should your daughter-in-law go back to the Philippines and apply for a spouse visa because it will be a lot quicker...and as you said your son got his own business meaning he can support his family ,got his place or renting?? and they are legally married...so,no ground for refusal if applied in the Philippines and in correct process this time...goodluck !!

[joebloggs]

and they are legally married...so,no ground for refusal if applied in the Philippines and in correct process this time...goodluck !!

there are advantages of sticking it out and going, which is best depends on information we've not been told, but legal advice should be seeked anyway..

if she did go back to the phils, only grounds really for refusal are the same as everyone ekse who applied for a settlement visa on here, and also a possible ban if she had been seen to have frustrated immgrations laws.

had her visa ran out before the baby was born ? was she married before the baby was born? possible problems could be with the NHS and who pays for the birth of the baby, when you have 'no recourse to public' funds when your here illegally

[sars_notd_virus]

had her visa ran out before the baby was born ? was she married before the baby was born? possible problems could be with the NHS and who pays for the birth of the baby, when you have 'no recourse to public' funds when your here illegally

I dont dispute to seek Immigration lawyer advice before leaving the UK and do the correct process in the Philippines.

I guess it doesnt matter now if she claims benefits as before or after delivery with the baby using NHS Joe ..have a look at this thread
http://filipinaroses.com/showthread....isa?highlight=
and
http://filipinaroses.com/showthread....isa?highlight= (bit similar to this case but more suitable grounds of no refusal becoz shes already a spouse of a british before she leaves the UK)

[Pete/London]

I think it would be better in any circumstances to fight it while here in the UK, you are an established family unit and I presume managed to live together without resorting to public funds. To send you back to the PI they would have to provide travel documents for the baby so you could delay that process.

Be careful in your choice of legal representation, I am sure if you stick to suggestions above it would be safer, and, if possible, make an appointment to meet your MP rather then write to him.I think you have a good chance of resolving the situation.

[English Rose]

Don't waste your money on lawyers. Students aren't allowed to extend their stay when their visa expires, no exceptions. The only action she can take is return to the Philippines and apply for a settlement visa from there.

[joebloggs]

Don't waste your money on lawyers. Students aren't allowed to extend their stay when their visa expires, no exceptions. The only action she can take is return to the Philippines and apply for a settlement visa from there.

the student applies for a COA, gets wed in church and applies for FLR(M) before the student visa expires.

not much good in this cause thou..

if her visa had expired before she gave birth to the baby, she could have a problem as she is now an undocumented overstayer"

[joebloggs]

the student applies for a COA, gets wed in church and applies for FLR(M) before the student visa expires.

not much good in this cause thou..

if her visa had expired before she gave birth to the baby, she could have a problem as she is now an undocumented overstayer"

and you dont have many rights at all

[vbkelly]

my friend mate she's a student visa and got married couple of months ago and now they are proccessing for FLR