visa questions

[cocorice]

Hi all,

I will be travelling back to the Philipines and apply for a spouse visa while over there. I have over stayed in the Uk for over 5 months while appealing for my rejected spouse visa which i tried to renew 5 months ago.

Does anyone know if i can apply for priority visa service in my circumstances?

Thanks very much.

[Terpe]

Hi all,

I will be travelling back to the Philipines and apply for a spouse visa while over there. I have over stayed in the Uk for over 5 months while appealing for my rejected spouse visa which i tried to renew 5 months ago.

Does anyone know if i can apply for priority visa service in my circumstances?

Thanks very much.

Hello cocorice,
You haven't really given enough background information for anyone to understand the circumstances around your situation.

However, I can tell you that there is no available priority visa service.

From what you've said it seems that you had a visa refusal and subsequent appeal. Can I take it your appeal failed?
It's difficult to imagine that a spouse visa was refused.
Unless you can fully comply with the refusal reasons then I'm afraid any other application will also fall for potential failure.

Did you have legal representation at your appeal hearing?
What was their advice after the appeal failed?

Your stay in UK during the formal appeal process, even if out of visa validity, would not be considered as overstay.

Sorry can't be of much help without more information really.

[cocorice]

Hi terpe,

What happen is, my spouse visa was expiring Dec 14, I submitted my FLR application Dec 8, then they send the form back to me because they said that i didnt include the payment page, though the payment money on my back account was frozen for few weeks, so I dont understand how is that happen, and I am very sure that I fill up the form and I put it in the envelop together with the rest of the docs.. so i send another form again on the same day that i received the old forms, this was Jan 19.

Mar 15, I received my refusal letter, it stated there that I renewed my visa after the expiration date Jan 19, and they want me to go back to Philippines to apply a visa over there because Im illegal immigrant now in the UK.

So we coudnt believe it and tried to seek legal support. So then we send a letter to the home office, we waited for 4 weeks for their decision. And again I received a refusal letter. So im going back to Philippines 1st week of June and I really need to get back here asap.

[Terpe]

Hi terpe,

What happen is, my spouse visa was expiring Dec 14, I submitted my FLR application Dec 8, then they send the form back to me because they said that i didnt include the payment page, though the payment money on my back account was frozen for few weeks, so I dont understand how is that happen, and I am very sure that I fill up the form and I put it in the envelop together with the rest of the docs.. so i send another form again on the same day that i received the old forms, this was Jan 19.

Mar 15, I received my refusal letter, it stated there that I renewed my visa after the expiration date Jan 19, and they want me to go back to Philippines to apply a visa over there because Im illegal immigrant now in the UK.

So we coudnt believe it and tried to seek legal support. So then we send a letter to the home office, we waited for 4 weeks for their decision. And again I received a refusal letter. So im going back to Philippines 1st week of June and I really need to get back here asap.

Doesn't make any sense to me.
After a Spouse Visa it's ILR not FLR
I can't understand why you didn't make a formal appeal with proper legal representation, but anyway that's all far too late now.

Are you sure you'll be able to meet the requirements for Spouse Visa? Especially Financial Requirements?

I can't give any meaningful advice since your position is not clear. But I do wish you best of luck and suggest you both make sure you understand exactly what you're doing.
Maybe you still have a couple of days to seek experienced legal immigration advice.

[cocorice]

I wasnt able to make an application for ILR that time because I havent pass my life in the uk test, and I did not have a chance because I came back from the Philippines 1st week of Dec, so I rang UKBA for advice.. They told me to apply for FLR first because of my visa is nearly expiring, then after that when I get my FLR visa I can apply for ILR..

I hope that make sense now..

[cocorice]

What I wanted to know is that can I avail the ''priority visa service'' in UKBA Philippines with my circumstances? We meet all the financial requirements stated on UKBA website, Im just worried that they might question my immigration history..

[Terpe]

What I wanted to know is that can I avail the ''priority visa service'' in UKBA Philippines with my circumstances? We meet all the financial requirements stated on UKBA website, Im just worried that they might question my immigration history..

Hi cocorice, as I mentioned in my first post there is no priority visa service available for you in the Philippines.
The current priority service on offer is not applicable to any visa leading to settlement routes.

I did understand that was your major concern, that's why I gave the comment.
But I am also concerned to be sure you DO understand what you're getting into.
Please do forgive me if I'm wrong, but have you considered the need to meet English Language test? Maybe your existing pass certificate has expired.
Have you considered the need to arrange a TB screening test in the manila centre?

I am not in a position to guide you on your current immigration status as I do not know it.
I can however say that normally any overstay in UK when you voluntarily leave is not used against you in a subsequent settlement leading visa.
It really does depend on whether UKBA consider you have used deception and/or did not leave UK voluntarily and using your own funds.
Also whether UKBA believed there had been an attempt to circumvent immigration rules.

[cocorice]

Hi Terpe,

I have english exam cert already, and yes Im aware about the TB Testing and need to get a certificate from CFO aswell.. and im leaving the UK voluntarily at my own expense.

Oh well, I guess I will be staying for long in the Philippines then,

Thanks for your reply Terpe, really appreciate it.

[Terpe]

Good luck