Fiance visa application - issue with HK

[ap70]

Hi

I met my Filipino girlfriend in Hong Kong in December 2006, since then i have been to see her four times in the Philippines.

I have just got back from a 3 week visit to see her in the Philippines.

I posted on here a couple of years ago, and had some very hepful responses about bringing my girlfriend to the UK on finacee visa. We have delayed the application since then until i had saved enough to sponser her application.

She also got a work visa for Hong Kong last summer, the reason for this was she wanted to prove her own funds and believed she could earn more for working in Hong kong for a few months.

The issue is that it turns out the visa was not genuine. Her sister, who has lived and worked in HK for 5 years, knew of a friend who had used an agency to apply for an HK work visa and had been successfull. My girlfriend went through this agency for a work visa and had no doubt that they were genuine. She paid a lot of money for the visa, she was succesfull in the application.

After 2 months of being in HK my girlfriend discovered the visa was not genuine and she panicked and decided to head home to the Philippines. She was stopped at immigration in HK airport and ended up being detained for over 6 months in a HK detention centre. I believe they kept her for so long to give evidence against the agency, who eventually admitted their guilt. My girlfriend was finally sentenced after being held for 6 months to 6 months, and was let go for deportation (where she was held for another 5 weeks). The whole thing was a nightmare. She is the most lovely genuine girl and to believe she had been through that experience is unbelievable. She is very ashamed, that is the reason i have not used her name as she did not want me to post here.

When we come to apply we will declare this. My concern is what affect will this have on a Finace visa application. Is any body able to give advice?

Andrew

[grahamw48]

Hi Andrew.....so sorry to hear of your girl's awful experience.

I think she will be ok if applying for her visa in the Phils.

Hong Kong immigration has nothing whatsoever to do with this country, and your poor lady isn't exactly on the international most-wanted list.

It will probably cost less for her to submit a visa application than it would be to pay for (good) legal advice.

Perhaps do a 'dummy run' with a (much cheaper) visitor visa application first ?

Go for it !
Good luck to you both.

[ap70]

Hi Graham

Thank you for your response.

I would like to go ahead with the fiancee visa, as we met in 2006 and we have been apart for far too long. Also with a visitor visa she has to go home after 6 months, and we would then need to go through the finacee via process aftwerwards. where as with the finacee visa she doesn't if we marry. She applied for a visitor visa 3 years ago, it was rejected because she didn't submit her supporting documentation with the application, she thought she had to hand it over in an interview due to advice she received from an Aunt who had succsefully appled for visa to Denmark years before.

It is encouraging that you believe what happened in HK will not affect the appication.

[grahamw48]

I meant try applying for another visitor visa to see if anything shows up ref. the Hong Kong visa.

If the authorities here are able to flag it up, and it means a refusal, then they will soon tell you for about £80 visa fee instead of £800.

[ap70]

I spoke to a lawyer today he believes the fiancé visa will be rejected and that we could only succeed on appeal. Does anybody have any knowledge of the appeal process? How much does an appeal cost?

[grahamw48]

Was he a specialist immigration lawyer, experienced in such matters ?

If it was me I'd apply for a visitor visa first. Most get refused, but the cost is low, and any problems with your partner having been locked up will of course be brought to light if that is one of the reasons for refusal....but I've already recommended that.

If you want to pay expensive lawyers, that is of course your prerogative.

[joebloggs]

thou HK is nothing to do with the UK, on the application form your asked about travel history..

6.6 Have you ever been deported, removed or otherwise Yes No If ‘Yes’ please provide details
required to leave any country, including the UK in the last
10 years?

you have to be honest about what happened, i think you would have a better chance if you were married in the phils and applying for a settlement visa , rather than a fiancee visa.

[Terpe]

thou HK is nothing to do with the UK, on the application form your asked about travel history..

6.6 Have you ever been deported, removed or otherwise Yes No If ‘Yes’ please provide details
required to leave any country, including the UK in the last
10 years?

you have to be honest about what happened, i think you would have a better chance if you were married in the phils and applying for a settlement visa , rather than a fiancee visa.

I would definitely plan to apply for settlement under spouse visa route.

Did your lawyer explain to you the reason that UKBA would reject an application?

[joebloggs]

Did your lawyer explain to you the reason that UKBA would reject an application?

good point Peter, i forgot to ask that

[ap70]

I have now spoken to a couple of immagration lawyers, first said it would be rejected because of the deportation from HK and the 6 month sentencing and the only chance would be on the appeal the second said the application could be accepted initaly but it was unlikely due to the authorities thinking she would be coming just for a visa and the appeal would most probably be needed. Why do you think the settlement visa would be any more successfull than a fiancée visa? If We marry in the Philippines do we need to try and live their for a period?