Overstayer, how to become legal honestly?

[byron19]

Good Morning,

My fiancee is an overstayer of a UK tourist visa from the Philippines of some 7 years. I would like her to move in with me & for us to marry legally. She has been working illegally cash in hand during most of this time (as someone whose never even had a parking ticket in 20yrs of driving I disaprove of all intently but when cupid strikes.....ha ha)


I am British born with all rights. We have no children. I want her legal asap, as does she, but she is very frightened and aware of her stupidity.

One option I understand, is for her to return to PH (though her passport is now well expired!!) and apply for a fiancee visa from there & if granted, we can marry here in the UK within 6 months, which is fine providing I can independantly support her. Which will be tight but do-able. What sort of amount of cash do I need behind me to prove this? Or is it simply that I can pay all domestic & cost of living bills with her residing with me.
How soon after marriage would she be entitled to apply for an N.I no whch will allow her to work in the UK (a further 6 months?)
She has very good English langauge skills, though has none of the key point based skills. Shop worker would be/is her skill limit at the moment.

Only logical avenue I can see is that she should she return home to apply for a fiancee visa? If so, how quickly, generally speaking would this take to process so she could return to the UK, weeks or many months? With the expired passport it makes leaving difficult?
Would her overstay create problems leaving & more so for the fiancee visa application acceptence, would the UKBA slap a ban on her return even if applying for a fiancee visa? She is petrified that should she leave she would not be allowed back in. I appreciate leaving at her own expense is far the better option than being caught & sent back.

Or is there any other way/grounds she has/could apply to remain based on our intentions to live together & marry without her leaving the UK? Would a discretionary ltr stand any possible chance? (I won't risk her living with me with her current status officially undeclared as I don't want to get into trouble for "harbouring an illegal" as the dramatic phone tapping red-top headlines often state!! However if the process for an application to remain of some description or whatever it would be, is initiated, then her moving in with me would be the best option as I can be upfront with council tax etc without that fear & she will have an address, one where she will be VERY welcome )

OR? Any other ways without being dodgy or deceitful.

Regards.

[Terpe]

byron19,

Firstly, welcome here to the forum.

I'm sure you already know that this is a complicated scenario you both face.

Right at the outset my honest advice is clear, and has to be that you both must seek professional advice from a specialist immigration advisor who has experience in this area, understands the relevant caselaw and will fully understand the specific background details and circumstances to help you both in knowing the benefits and the risks of available options.

In my view it's imperitive that you are both totally clear from the start what you're are getting into.

Many others have been in similar positions and if you are both serious about your relationship and settling down together then she absolutely must avoid any risk of enforcement by UKBA. This will be by either an application for Discretionary Leave to Remain (DLR) or to actually leave UK voluntarily and paying for all of the travel cost.

Without leaving the UK the only option is an application outside the immigration rules for Discretionary Leave to Remain (DLR). This would be based on you (the fiance) being in the UK.
The relevance of your girlfriend's UK residence depends on the nature of the relationship. For example, the case would be stronger if you have been cohabiting for a long time or if you can show clear evidence of a long and genuine relationship.
However, even that is still not as significant as having a spouse or a child in the UK.

Due to the discretionary nature of DLR you must do all you can to submit the strongest possible application. An experienced advisor who understands the situation in detail could reliably assess the chances of such an application.
Discretionary leave is not at all guaranteed, and can often be a very long and tedious process leaving you both living in 'limbo' and unable to implement any firm plans for the future. There may well be the need for extended representation to help with any needed follow-ups such as presentation of caselaw, negotiations with HO and even appeals etc.

Having been an overstayer is not, in itself, either a barrier or reason for refusal in applying for a UK entry visa (spouse or fiancee). However, I recall that overstaying for more than 28 days, but voluntarily leaving the UK by using your own finances (no public funds) may mean some automatic delay period before making a settlement visa application.
If I'm incorrect somebody will say so. I will try to make some time for a research of immigration rules.

But before investing significant finances in the travel and entry visa application costs, I think this option is also well worth consulting an advisor in the UK to ensure that any subsequent application for UK settlement visa has the best chance to succeed. Also to make a careful review that before returning to Phils there are no other issues arising from her period of overstay which would lead to an application from her country of citizenship being refused (though the overstay itself is not a refusal reason) based on her activities in the UK (such as illegal working aspects/not paying tax etc.or other legal declarations)
They can also do a document check and be sure that everything the ECO would expect to see is provided.

I'm not sure if this reply actually helps you at all, but at least the discussion has now started and can be moved forward.

Whatever option you finally decide upon, I wish you good luck.

[Arthur Little]

Byron ... ... there IS only ONE way for your fiancee to redress the unfortunate predicament in which she currently finds herself, and that is for her to be 100 percent upfront and honest!

[grahamw48]

Welcome to the forum.

I hope all will work out for you in the end.

[Terpe]

....Having been an overstayer is not, in itself, either a barrier or reason for refusal in applying for a UK entry visa (spouse or fiancee). However, I recall that overstaying for more than 28 days, but voluntarily leaving the UK by using your own finances (no public funds) may mean some automatic delay period before making a settlement visa application.
If I'm incorrect somebody will say so. I will try to make some time for a research of immigration rules........

byron19,

I managed to find some time and research the immigration rules a little and it seems to me there is no delay penalty at all for those making settlement visa applications.

Please read the links and the guidance below and see if you agree.

On the question of overstaying I don't believe this should present a problem for your fiance under 'normal' conditions.
Normal means no other immigration offences. This is where you need legal advice from a professional. Especially in terms of possible illegal working etc.

BTW, during the overstay period of your fiancee, did she ever seek treatment from the NHS?

The Immigration Rules are here please look to 320(7B) and 320(7C)

Please also look here for further information

[imagine]

good luck Byron, and welcome to the forum, your in the right place for good advice

[joebloggs]

byron19,

I managed to find some time and research the immigration rules a little and it seems to me there is no delay penalty at all for those making settlement visa applications.

Please read the links and the guidance below and see if you agree.

On the question of overstaying I don't believe this should present a problem for your fiance under 'normal' conditions.
Normal means no other immigration offences. This is where you need legal advice from a professional. Especially in terms of possible illegal working etc.

BTW, during the overstay period of your fiancee, did she ever seek treatment from the NHS?

The Immigration Rules are here please look to 320(7B) and 320(7C)

Please also look here for further information

no automatic ban for a spouse, if they think they have grounds to refuse her, it will probably be for 320(11)

(11) where the applicant has previously contrived in a significant way to frustrate the intentions of these Rules. Guidance will be published giving examples of circumstances in which an applicant who has previously overstayed, breached a condition attached to his leave, been an Illegal Entrant or used Deception in an application for entry clearance, leave to enter or remain (whether successful or not) is likely to be considered as having contrived in a significant way to frustrate the intentions of these Rules.


also not sure what grounds your g/f would get DLR for HO might say nothing stopping her going back and applying for the correct visa.

also applying for a visa will alert the Ho to where she is living ..

like terpe has said get some legal advice

[rusty]

I think you are all being too nice, it is people like this that make it so difficult for genuine people to apply for visit visas.

She has overstayed for 7 years, workes cash in hand, therefore pays no tax and maybe has used NHS services?

I think she should go home and be banned for at least 7 years, as that is how long she overstayed.

[grahamw48]

I was waiting for someone to say that.

[Rory]

You do not say how long you have been together, are you sure she is with you and wants to be with you for the right reasons.

I am going through the right channels and doing everything by the book and i would be very happy if i finally got my wife here in time for next christmas. The system will work for you if you play by the rules.
I was a bit miffed when i first started to read this.

[joebloggs]

I think you are all being too nice, it is people like this that make it so difficult for genuine people to apply for visit visas.

She has overstayed for 7 years, workes cash in hand, therefore pays no tax and maybe has used NHS services?

I think she should go home and be banned for at least 7 years, as that is how long she overstayed.

I was waiting for someone to say that.

, well we all know some decent people on here who really struggled to get a visa and had to wait many months before they could apply even some were unlucky at first to be refused and they went by the rules, so i can understand why some people on here are . but probably going back and applying for a visa is your best option.

[Arthur Little]

I was waiting for someone to say that.

... ME too!!

[grahamw48]

At least the OP has given us an honest account of the situation.

[Arthur Little]

... ME too!!

And Rusty makes a VERY valid point! There's no getting away from the hard fact that it is as a DIRECT RESULT of the selfish and inconsiderate ulterior motives of those who've overstayed in the past, that successive governments have found it necessary to *crack~down on the number of present-day applicants wishing to come to for GENUINE reasons - whether for settlement purposes or [in*particular] simply to visit our shores with the intention of returning home immediately afterwards.

Three words have stuck in MY mind ever since I first became a member of this forum; these are: "We hate illegals!!!" Initially, I felt the use of such a statement was being a bit harsh ... but NOW, as one whose wife is nearing the end of a LO~ONG, arduous - and, not least, extremely expensive - immigration journey, I'm in complete sympathy with the sentiment expressed.

[grahamw48]

I agree.

That is an entirely reasonable point of view, given the trials and tribulations that the members of this forum put themselves through to comply with the law.

[Arthur Little]

At least the OP has given us an honest account of the situation.

Equally true, of course, Graham ... and I admire his candour. What's done is done, and no lecture from me or anyone else is gonna alter things.

Byron ... be guided by the sound, unbiased advice provided by knowledgeable people like Terpe and Joe. - moreover ACT upon it - you KNOW it makes sense!

to the filipino/uk forum and good luck.

[Arthur Little]

At least the OP has given us an honest account of the situation.

... as has this OAP ... I HOPE, anyway!

[mickcant]

I would not put it past my ex wife meeting another Brit to get them to fund another visa now that she too is an illegal here since her visa ran out last year

But I do not think it is byron19s fiancé as he said her visa ran out 7 years ago!
Mick.

[tiger31]

i,m not quite sure but I think the goverment announced that anyone here illegally for more than 5 years can apply for the right to remain here without having to return home .while i don,t agree with illegal you can understand peoples desperation to live a better life .

[joebloggs]

i think 14 year rule, of continuous residence in the United Kingdom is still an option for Illegals to stay in the UK.

[Terpe]

i,m not quite sure but I think the goverment announced that anyone here illegally for more than 5 years can apply for the right to remain here without having to return home .while i don,t agree with illegal you can understand peoples desperation to live a better life .

No!
That's incorrect.!!

[bigmarco]

Welcome to our friendly forum Byron and whilst I can understand some of the comments already made here I also feel that you cant help who you fall in love with and we must all respect your honesty.
It would appear to me that like others have said you really need some professional help with your situation and would suggest that is the way you proceed.
Please be careful and be satisfied that your partner is as comitted to the relationship as you seem to be and that her intentions are honourable. You really have to go no further than this forum to find some unfortunate stories where this was not the case.
My sincere best wishes for the future.