Advice Appreciated

[SIM8429]

Hello All

I was wondering if anyone could give me some advice please. I wasn't sure where to post but hope this is an OK section.

Anyway I have met a girl in the UK who is from the Philippines. We have been dating/in a relationship for around 7 months and all is going well with that regard.

However, a problem we have is that she has overstayed her student visa, and is essentially a 'ghost' or here illegally. Ideally we would like to get married and then apply for the relevant FLR/ILR etc. But obviously based on her status this isn't going to be plain sailing.

What I was wondering was basically whether we should look to get married here first, and then she will obviously have to go home and I fight for her to come back. Or would it be best for her to just go home and then say we met online etc and take it from there?

Thanks

Sim

[joebloggs]

getting or trying to get married here might alert the authorities as to where she is, even if you do manage to marry she still illegal, she needs entry clearance to stay in the UK.

probably best bet is for her to go back to the phils and marry there and go thru the settlement visa process. it will save a lot of time and worry.

if she leaves without UKBA catching her, then her overstaying shouldn't effect her getting a settlement visa, unless they try and refuse her for 'circumventiung immigration laws' because she used fraud, deception etc..

[grahamw48]

I would hope that she hasn't overstayed her visa with your knowledge while you have been seeing her.

[bigmarco]

Hello All

I was wondering if anyone could give me some advice please. I wasn't sure where to post but hope this is an OK section.

Anyway I have met a girl in the UK who is from the Philippines. We have been dating/in a relationship for around 7 months and all is going well with that regard.

However, a problem we have is that she has overstayed her student visa, and is essentially a 'ghost' or here illegally. Ideally we would like to get married and then apply for the relevant FLR/ILR etc. But obviously based on her status this isn't going to be plain sailing.

What I was wondering was basically whether we should look to get married here first, and then she will obviously have to go home and I fight for her to come back. Or would it be best for her to just go home and then say we met online etc and take it from there?

Thanks

Sim

I met someone recently who registered to marry his fiancé who had overstayed. They had a knock at the door one night from the authorities and she was taken and deported. He will now have to overcome many hurdles for them to be together again, but that's the price you pay for breaking the law.
As Joe says your partner needs to go back asap and then you need to marry her there and follow the correct process for a settlement visa.
There are no shortcuts, I suggest she goes back asap as if she is caught it will only make it a lot more difficult if not impossible for you both.

[SIM8429]

Hello

Thanks for your advice.

She had already overstayed her visa when I met her.

That was my take to be honest that she goes home and we take it from there. I think the key is getting her back without the authorities realising she has broken the law. I understand that this is a big issue and not ideal for both me and the UK but when it happens to be a person you have fallen in love with its a hurdle that I need to cross.

She is going to visit a solicitor this week who deals with tho skins of thing to seek advice.

[joebloggs]

Starting 1 October 2012, if you have overstayed your leave or permission to stay in the UK by more than 28 days any application for further leave will be automatically refused.

The Government will incorporate this change into the Immigration Rules and will affect applicants applying for further leave or visa extensions under:

the points-based system;
all working and student routes;
visiting routes;
long residency routes;
discharged HM Forces; or
UK ancestry routes.

if your g/f leaves under her own free will and buys the air ticket, if she is stopped at the airport while leaving, i think its probably likely they will question her, maybe mark her passport and let her leave, after all she is leaving the country. and it shouldn't effect her getting a settlement visa later.

[Terpe]

Hello Sim, welcome aboard.

I would guess you'll be around for some time yet so make yourself comfortable

Your g/f should be cautious about paying money to a solicitor who may not be an experienced immigration advisor.
If it's a free consulation she should be careful about giving too many personal details expecially contact details etc.

Joe has given you the best advice already.
Please stay positive, this situation is not at all new and not at all uncommon.
The good news is that it is also not as serious as you both may have imagined, unless of course there has been any criminal activity which I'm sure is not the case.

Just let her get back home with the minimum of fuss. As Joe says there may be questions at the airport but she should just answer them honestly say she wants to go home and wipe the slate clean. Probably better not to make such a big issue of any romantic connection, better you are just friends and you are helping her.

Once she is home you can re-assess the relationship and start to plan a wedding over there. All is straightforward and there's plenty of good info here and plenty of folks who have walked that same pathway.

When the time is right she can make application for a spouse visa. Her previous overstay is highly unlikely to have an impact on that.

Just be aware up front that UKBA have a financial requirement that includes you earning £18600 per year gross income minimum. If you do then great. If you don't then start thinking of ways to reach that target now for at least the next 6 months or more.

Good luck and don't be shy to ask any questions.

[SIM8429]

Thanks for all your advice.

An update on our situation.

We went to the solicitor and they pretty much gave us the advice that you guys provided, plus the requirements for obtaining a visa in the future (income etc). This was free as she had seen them before.

So now she will obviously go back home with the minimum of fuss, hopefully, and then we can take it from there.

Solicitor did say to not admit that we had met here previously, as in ignore all knowledge she had been here, she will get new passport once home. Then stage an online meeting and related conversations prior to her going, and maybe I visit on my own and make it look as though we have met in person, prior to actually having any visits together etc.