Hi All

[atariboy2]

Hi everyone, im here for advice on my relationship with my Filipino girlfriend. I'm in London and she is back home (although she has lived in London too). When she was here she overstayed slightly (by months not years) and now wont be able to return for a couple of years it seems. I'm a wheelchair user and would most likely find a trip solo to the Philippines deathly hard although I'm willing to give it my best shot for her. I guess I'm looking for advice and your experiences to guide me through this minefield. I want to be with her... either here or maybe there if I have to but its hard enough being a graphic designer in London in a wheelchair, i dont relish the idea of going to a country where i will be treated like a second class citizen, with no disabled infrastructure.

Hope to get to know you all soon.

[Terpe]

Hello atariboy, welcome here to the forum.

It seems you face some challenges with your relationship.
Why did your g/f decide to become overstayer?

Anyways, how serious is the relationship? It's possible that her overstay may not significantly impact an application for a UK settlement route. Although the application and the subsequent visa dealings would likely come under scrutiny.

Have you researched the UKBA to understand the visa requirements?

[atariboy2]

The relationship is getting serious but I think we got a way to go. She overstayed by about 6 months while visiting her mum who is visiting a relative in London (I think the mother is overstaying). She has been advised not to apply for two years but I really hope we dont need to wait that long. Im pretty serious but I must admit I didn't go out looking for this complicated a relationship - love is a funny thing.

She became an overstayer because she likes London (cant blame her i love it here), her son was enrolled into nursery and she didnt want to get him settled and move him back again, but she had a scare her with an ex boyfriend threatening to expose her so she went home to get the right paperwork to come back but is now stuck.

I wish I had met her here, it turns out she worked very close to where I used to meet an ex girlfriend which is kinda freaky and they both were nannies so might even know each other.

The thing is I dont think either of us are thinking marriage yet so its more about her ability to get here to see her mum and find out if the skyping will become something more.

Ive not researched UKBA requirements.

[Terpe]

Can't say much from the info given but applications for visa's other than settlement will likely fall for refusal based on what you've said.

[jake]

Sorry to say this but im sure she will be barred from entering the UK for a few years.
If you ever do decide to come to the Philippines there isn't much in the way of disabled facilities except in the Malls. You wont be treated like a second class citizen though and will find people are very helpful.

[atariboy2]

Yeah, the second class citizen was a bit of bad terminology, i mean I'm used to tackling stuff on my own in London. There I can imagine I will need some kind of attendant with me to help into and out of stuff and up and down or it will be a bloody long trip to get stuck at a airport at the other end. I cant find any info of disabled travel in the Philippines. Just seems to be written off by wheelies! I'll just have to go where this journey take me.

[joebloggs]

did she pay for her own air ticket, was she stopped at the airport or was she issued with a notice of impending removal?

[atariboy2]

not sure I will ask when she is next online.

- - - Updated - - -

BTW does 2 years seem like the right length of time before reapplication. Without nuptials is there any other way around it? ie an onward trip from another Asian country?

[Arthur Little]

Without nuptials is there any other way around it?

Hello and

... much as I would like to be able to offer you some hope ... it HAS to be said that the prospect of your girlfriend being granted ANOTHER Visitor Visa is a virtual non-starter, owing to the fact that she previously overstayed in the UK at all. However, I shall leave it to those who are more knowledgeable than me to guide you, in the light of her particular circumstances.

[atariboy2]

Non starter as in never? She has been given advice to apply in two years.

[Arthur Little]

Non starter as in never? She has been given advice to apply in two years.

Well ... ... possibly not never. But, for the foreseeable future certainly! So many flagrant abuses of the system by overstayers in the past, has led Immigration Authorities to clamp down ferociously on the number of visit visas issued. Nowadays, each and EVERY applicant must prove - beyond any measure of doubt - their intention to return home within the timespan of the visa ... through, for instance, the presentation of a signed letter declaration from, say, an employer or a College Principal - testifying to the effect that a job or course of study awaits them.

[atariboy2]

given this circumstance do you think that they would block nuptials (can they even)?

[Terpe]

given this circumstance do you think that they would block nuptials (can they even)?

I hope I don't misunderstand, please put me right if I do.
But if you mean can you go to the Philippines marry your lady and then she applies for a settlement visa, then the simple answer is yes.
It's most unlikely that UKBA will refuse based on her previous overstay.

Without knowing the full details behind her UK exit and what the exit conditions were, it's difficult to say whether she faces issues during 2 years, 5 years or 10 years. Those exit details have still not been explained.

The other possibility that may be worth a try is that your lady could put in an application for a Fiance(e) visa. This is a settlement visa. You both would have some months together to decide if marriage is a good decision or not (based on the fact that your still undecided). The Fiance(e) visa is issued for 6 months stay.
Recently, the Fiance(e) route has proven to require some additional evidence that the relationship is genuine and that the intention is actually to get married.

Yet another possibility, and a much cheaper one, is to consider having your lady apply for a Marriage Visit Visa. This visa is essentially a visit visa, valid for 6 months, but with the specific objective of getting married in UK and then returning to the home country with a view to apply for settlement.
Yes, I know it's a form of visit visa and stand a good chance to be refused based on her previous overstay, but it only costs £78, so maybe worth that risk. Certainly wouldn't impact the subsequent settlement visa application.
Maybe in some way in could strengthen it. (ever the optimist eh)

The final opportunity may not be at all appropriate, I just don't know, but have you reviewed the issues around the EEA route?
Just as a first step do some search here on the forum for EEA route and determine if it's even worth considering.
Just trying to help by throwing some ideas around.

Food for thought.