Spouse Visa

[simply_im]

Hi to Everyone!

I have a friend who overstayed in the UK for how many years now and planning to get married next year but the problem my friend used nhs even thou not entitled bec of serious medical reason. The Solicitor adviced them that they can do 2 application which is Discretionary leave to remain and to go home to Philippines and apply the Spouse Visa.
Please advise us how to settle the NHS Account and what is the best thing to do the application for Spouse visa, is it to apply inside the UK or outside UK.

Thank you very much for help.
Merry Christmas and Happy New Year!

J

[Terpe]

Discretionary leave might be granted in such cases but it is only temporary leave and would need to be re-newed. Just how long they would be allowed to stay depends on all sorts of things, but currently the maximum they could hope for would be around 3 years before any renewal. At renewal time its back to square-one.
The risks of refusal or removal are quite high.

Your friend would be well advised to consult an experienced immigration advisor for some detailed discussions.

My opinion would be that they grasp the nettle and return to Philippines where they can submit correct settlement visa. Still high risk though.

There are very likely to be a raft of changes to the settlement visa routes by April 2012 and such changes would need to be seriously considered.

It's not a good position at all.

[joebloggs]

on what grounds does the solicitor think you have to be granted discretionary leave ?

[simply_im]

Discretionary leave might be granted in such cases but it is only temporary leave and would need to be re-newed. Just how long they would be allowed to stay depends on all sorts of things, but currently the maximum they could hope for would be around 3 years before any renewal. At renewal time its back to square-one.
The risks of refusal or removal are quite high.

Your friend would be well advised to consult an experienced immigration advisor for some detailed discussions.

My opinion would be that they grasp the nettle and return to Philippines where they can submit correct settlement visa. Still high risk though.

There are very likely to be a raft of changes to the settlement visa routes by April 2012 and such changes would need to be seriously considered.

It's not a good position at all.

Thank you so much for your reply its a big help.

[simply_im]

thank you so much! the solicitor said they can do the discretionary leave to remain or spouse visa from Philippines but the other Solicitor said that if they apply the discretionary leave to remain they wll just waste money because for sure the application will be refused and will ask them to apply in the Philippines so know they are very confuse she need to settle her NHS account but she doesn't know where to go to pay.

[joebloggs]

serious medical treatment, was it life threatening ? where they hospitalized ? how are they now ? , i doubt they would get discretionary leave to remain..

does she live with her b/f ? is so how long ..

[grahamw48]

Your friend could start by visiting the Citizens Advice Bureau, where she can receive free legal advice and also guidance on how to pay the NHS.

I doubt very much whether she and her partner will be able to procure a Spouse visa without her first meeting her legal obligation of returning to her own country...then applying from there, just as the rest of us have had to do.

[simply_im]

the lady has HIV on medication now thats why she used NHS even thou she's not entitled.
nope they are not living together yet.

[Tawi2]

I have a friend who overstayed in the UK for how many years now

I think people would be quite surprised how many tago ng tago pinays reside in this country,I know a few,exactly the same as pakistani,or indian or anyone here as an illegal immigrant Follow the rules,everyone else has to.

[Tawi2]

Your "friend" is the reason friends of mine have had to jump through hoops like trick-ponies backwards and forwards,your "friend" is the reason a mate of mine was driven almost to the point of breakdown,your "friend" is part of the reason this country is in the state its in,she came and like the rest slipped into the crowds and vanished,she is no different from any ethnicity who do the same,I am not going to say its ok because I liked sitting on the white sands of Boracay and someone smiled at me in Cebu once,thats means Zip,if I overstay in Pinas I will be fined or whatever,no get out of jail free card,likewise in this country your "friend" should feel the full weight of our impotent laws,irrespective of her illness she took full advantage of this country and is still doing so,disgusting.(Thats my once annual rant over).

[Terpe]

Thats my once annual rant over

C'mon Tawi2, you can make a much better annual rant than that, surely?

[Tawi2]

C'mon Tawi2, you can make a much better annual rant than that, surely?

I dont normally rant online I am placid and laid back,but this sort of thing boils my urine,a friend of mine almost had a nervous breakdown bringing his woman here,theres a number of pinays just the same as pakistanis or peruvians or plutonites or whatever who work the system,take the mickey and make it 10X harder for those who try and enter legally,in my mind fling them out and slam the door closed after them,triple bolt it for good measure,for every action theres an opposite and equal reaction,breach the rules dont get back in if your caught Maligayang Pasko

[Terpe]

Sorry to wind you up Tawi2, my comment was a little tongue in cheek.

BTW I do agree 100% with your sentiment.

[Tawi2]

Its cool but I remember seeing my friend with tears in his eyes,I dont know whether he just ran into a mental wall,or pure-frustration or he had a slight moment of insanity,all because there were hitches getting his wife here and the pressures that go with it,she is long-since here now,but back then his silent screams made an impression on me all because some ride the system and play it to their own ends.

[joebloggs]

i can understand why your tawi2, over stayers do make it more difficult to bring family over from the phils, and its not days or weeks but years

it brings back memories of the first time i went to the phils, on the long journey back to the airport the misses said dont go back yet, stay longer, for a minute i thought of not going back, but it wasn't possible, i had my airline ticket, i had to go back to work and didn't want to cause problems when i came back , we all have to go by the rules, and if you dont then you have to face the consequences

[Terpe]

............we all have to go by the rules, and if you dont then you have to face the consequences

Absolutely.

[junior02]

Your "friend" is the reason friends of mine have had to jump through hoops like trick-ponies backwards and forwards,your "friend" is the reason a mate of mine was driven almost to the point of breakdown,your "friend" is part of the reason this country is in the state its in,she came and like the rest slipped into the crowds and vanished,she is no different from any ethnicity who do the same,I am not going to say its ok because I liked sitting on the white sands of Boracay and someone smiled at me in Cebu once,thats means Zip,if I overstay in Pinas I will be fined or whatever,no get out of jail free card,likewise in this country your "friend" should feel the full weight of our impotent laws,irrespective of her illness she took full advantage of this country and is still doing so,disgusting.(Thats my once annual rant over).

Well said, she should be deported ASAP.It use to cost me a fortune for visa extentions in rp and 1 time i didnt get extention on time due to curcumstances at the time i had to pay through the nose to get exit clearance..

[Tawi2]

Simply,I hope things work out for your friend,I guess none of us have walked in her shoes and dont know the full story,sorry for her health and I hope things work out however she decides to handle the predicament she currently finds herself in,my initial response was triggered by memories of seeing a male friend cry,that was embarrassing for him and me at the time,guys dont cry right maligayang pasko simply,I understand some people overstaying because of utang na loob to those back home,doesnt make it right but I can understand the pressure,lets hope 2012 resolves the situation for the better.