I have been turned down for my application for the FLR

[jacqueM]

Hi all,

I arrived in the UK in May 2009 on a visit visa, while i was here i met and fell in love with a UK man,we applied for the COA to get married and after 1st being turned down my husband get the local MP involved and the COA was granted for us to get married.
Since then we now have a daughter and have been trying to get the FLR untill now,1st they turn us down because the form we filled out was out of date and then next time we apply they say i have to do English exam, which i have done and have passed,We receive a letter this morning saying i have neen refused FLR as i cam here originally on a visit visa. It says i need to arrange to leave by 1st June, i am very upset and worried about my passport being stamped saying i am a overstayer, they have also with held my passport and my marriage certificate, my husband is going to take time off to contact the local MP and the citizens advice to see if there is anything we can do, has anyone out there got any advice for us,

Salamat, Jacque & Andy

[branno]

just read ur post, and hey it sent goosebumps down my spine, i cant offer any advice but i do wish u success ... i kno its not comforting but i do think that sometimes immigration here is bang out of order...

[exadore1]

Immigration did the very same thing to a local couple near to me. Ok she was a Russian lady not that it should make any difference. From my own experience of dealing with UK immigration, you have to make sure that you are totally watertight now. If there is the slightest chance they can refuse you they will. Remember, we now have a right wing government and without actually coming out and saying it, they do want to drastically reduce immigration. My advice is consult an immigration lawyer if you can afford it, otherwise the alternative doesn't bear thinking about. I did read of a case where an English guy threatened to renounce his UK citizenship and the judge found in his favor that he should not have to leave his homeland in order to be with his wife, you could also challenge the UK immigration on human rights grounds.

[jacqueM]

Thank you so much for your replys, we are still both in shock, it now means that either me or my husband wont be with our daughter on her 1st birthday next month which is unthinkable for both of us, it says my husband should relocate to the Phil, why would he want to do this,when his job,flat and family are all in the UK, this is just so upsetting for us all

[joebloggs]

first the bad news.
as you are aware, a visit visa is not a settlement visa, one of the conditions when you were given the visit visa, was you would leave b4 your visa expired, which you haven't done and you've been an over stayer for 19 months, a COA is not a visa and also you need entry clearance which you don't have.

when you married if you wanted to avoid these problems, you should have left and gone back to the phils and applied for a settlement visa which you would have probably got if you met all the criteria and also got entry clearance.

why would your husband need to relocate ? you just need a settlement visa from the phils.

you must have got the COA after your visit visa expired? especially if you were refused.

options are you can go back and as i've said apply for a settlement visa, the overstaying should not be a problem.

or stay put, home office could still give you FLR, and also you have a baby will strengthen your case, was you given the right to appeal with your refusal ?

but seek legal advice from your local law centre and good luck with what ever you do

[blackcat22]

yup, totally agree with joebloggs observation.

you upset them by not honouring your original commitment to return to phils when your visit visa expired, that is why your settlement visa was refused.

They think you tricked them with the visit visa when all along your intention was not to return back.

That is why before they give any new applicants visit visa they want to see cast iron strong evidence that they will return back to phils before visit visa expired.

So many people are using this method of visit visa first as springboard to come here and then pursue a settlement VISA here. They are trying to clamp down on this practice.

now I think you have 2 options

1) voluntarily go back and pursue settlement visa from phils (you have good chance of success since you have child with your partner and they won't think you're fake couple)

2) stay in UK and keep fighting and make many appeals eventually they will give in and give you if you're lucky (I know few people appeal like this and they evntually got what they want and immigration back down)


The only fallout from this is, it will make immigration make even tougher conditions on propective people making application for visit VISA in the future

[blackrainm]

actually your wrong and right.this happened to my wife shes aussie and was here in 2000 and they turned her down for FLR after her being on a visit visa..so we appealed as we had a child.they appealed us and we lost due to red tape.it took them from 2000 till 2011 to grant her FLR because if you have children they cant throw you out the country. If its impossible to go back to your own country and get a visa.ie if you dont meet immigration rules.its a law under article 8 that means you cannot be seperated from your husband or child.if they deport you you can appeal and a judge will always overturn the home office its law.if though you can easily go back to the filios and get visa entry then do it and come back.you dont want the anguish we had.we didnt have any money or anything and if split up we would never have seen each other again.the rules are very tough now.if you come here on visit visa u cannot get married and stay here.you must apply from ure own country.in 2000 the rules had just been changed that visitors cant stay here on visit visa and get married when we put in for it so they gave us the benefit of the doubt after 9 years!!! just remember if you have money and satisfy the rules,go back and do it quickly.if you dont satisfy the rules then claim human rights article 8.the right for a private and family life.they cannot deport you. my email is here:i wish you luck.

[jacqueM]

Hi all,

Thanks for all your replys, we now have good news, after my hubbie got a Immigration lawyer we apply for discretionary leave to remain under human rights for a family to be together and for a child not to be seperated from either parent, i have been given a 3 year visa called limited leave to remain and after the 2nd year can apply for ILR, we are over the moon with the decision ( my hubbys saying hehehehe ) we never set out to do anything wrong, surely more strange when people decided to get married after 2 weeks of visit to Phil??? rather than come to the UK for 6 months on visit visa to get to know each other better 1st, our situation changed when i became pregenant...... please use REMOVED NO ADVERTISING WITHOUT PERMISSION, these are the people that helped us, after phone conversations with us they told us we had a good chance of winning our appeal, if we did not have a good case they would not of taken our case, good luck to anyone else out there going through what we went through thanks again to Branno,Exadore 1 and Blackrainm for your positive comments, it is quite easy to make comments when you are an expert in immigration law as some of the other posters are......

[joebloggs]

good news for you but you was aware when you applied for a VV that one of the conditions was, you would leave before your visa expired, which you failed to do. if you want to know each other better , nothing wrong with coming to the UK for up to 6 months on a VV, and then going back b4 your visa expires and either marrying in the phils or applying for a fiancee visa, just as everyone else on this forum did.

why did your circumstances change becuase you were pregnant ? you had a visit visa for up to 6 months being pregnant does change that..

[-sillybilly-]

Hi ya!

Im surprised that you've managed to get an FLR when you were only on a Visit visa in the first place.

Now that they have found out ofcourse they have the right to send you back home as you were not supposed to do it.

But with your situation now that you have a child its best to seek advise from an immigration solicitor. Its going to cost you a lot and you have to think very well before spending all that money and perhaps it will be better to go back home and apply for a settlement visa in the Philippines. In that way you will have no problems in the future. All you have to apply is a spouse visa and in 2 years time you can get an ILR. Easy job for you and less hassle.

Goodluck and all the best!