Filipino wife FLR (M) rejected

[rona]

Hi

My first time on here.

Can I run my predicament by you guys please?

I'm English, met my wife a couple of yr back. She was going through a divorce to another English man. As we were only dating and she didn't want to spent a fortune on a visa on the idea we may not last....because we were only dating....We put that aside. I eventually moved her in. Got married in Feb 2013.

We took this route as we were so worried about losing each other.

Anyway. Last month we finally applied. She was rejected.

Got an appointment with a Home Office Enforcement Officer on the 8/7.
My problem is if I take the solicitor route or head to Philippines to apply from there....either way my finances are so bad that I'd have to apply for credit cards to be able to cover all this.

I wrote this all in the application. ..All of the above and that we need her to work so I can afford to have holidays. But they ignored that and said, "you've said you want a holiday. Then go to Philippines and apply from there". They totally missed the main part where I said I have no funds for the worst case scenario.

Now, I am thinking of getting a solicitor but they've already said in initial email contact I'd have to quickly reapply and claim she will get family help out there (which is true) and we'd be homeless on landing. All very true. She was abused by her mum as a kid and it all got swept under the carpet.

So, do I chase that lead or get a loan or credit and fly over there and hope she gets a visa out there??

It's a biggie as I would have to send her initially off alone so to put things in place as with my job...I'd only get a fortnight off max....

Solicitor and reapplication would cost me around £1500-£2000....flights for two and Manila accommodation for a month and visa - that and even more.

What would you do?

[aprilmaejon]

Hello Rona, I'm very very sorry to hear about your wife's visa rejection. I know some experts here will help you out get through it.

Anyway, did you meet your wife here in the UK? What visa was she on that time? Is she still in the UK with you?

[sars_notd_virus]

Hi welcome to the forum
WWYD? What Would You Do
Seek the advice of Immigration solicitor to interpret the refusal letter and take it from there.

[rona]

Been married for a year been with my husband for 2 years! My Spouse Visa application is been refused  I overstayed for 2 years as I didn't know what to do back then! My 1st marriage was a failure and I didn't want to make same mistake! We need to make sure that our relationship will last before we decided to get married! So we did after 1 year of dating, but we didn't apply as our relationship was still young and we waited for our 1st year anniversary.

My husband is my best friend. We married but feel like we're still dating! So we applied for a spouse visa but we got refused! We don't have money to take chances. We need assurance! So shall I go home and apply from Philippines? How long is the visa application process from Philippines? I don't really want to go without my husband. If we go home he can only be there for 3 weeks 

My husband posted thread on different page here somewhere 

Please please help

Hope my post makes sense. I am not really good at this 

[rona]

Hubby's name is Kevin ��

Wifey now on

[rona]

Thanks for the reply everyone!

Yes we met here in UK and am still here in UK!

We are asking help from different solicitors but is it worth it? It's costing us a lot of money that we don't have! ��

[aprilmaejon]

Hello Rona, aboard to this friendly forum.

So, you overstayed for 2 years? What visa was that? Didn't you know that overstaying your visa is a criminal offence? Overstaying for more than 28 days, you will not be allowed to apply for further leave to remain from within the UK. Overstaying by more than 90 days you will normally be barred from coming back to the UK for at least 12 months. In your case, you overstayed for 2 years?... You definitely need a legal advice from a solicitor for that I'm afraid.

[rona]

I've already look in to it that if am married to British I wouldn't be ban!

I know I broke the law and it's wrong! But we needed more time to get to know each other!

I had long distance relationship with my ex husband I was living in Israel! I came here to England as a fiancee visa and only gave us 6 months to get married! That time wasn't enough to know each other! only found out we not compatible together and no reason to stay together after 1 year and a half!

I really don't know what to say

[raynaputi]

What was the reason for refusal? If you don't mind, can you type in here the exact reasons why your FLR(M) got refused? We can't give you a proper advice without knowing the exact reasons of the refusal.

[grahamw48]

Have you complied with the terms of your previous visa ?

[raynaputi]

I just merged your threads so members will not get confused.

[raynaputi]

I think overstaying for 2 years is really a strong ground for refusal. ECO might be thinking that you got married for convenience of getting a visa to stay here permanently. What I can advice you is to get an immigration solicitor that can help you in case you want to get an appeal. Maybe other members here can recommend a good solicitor.

[rona]

Ooh thank you so much ��

Well when we sent our application we put in covering letter!

We explained everything why we applied late! My husband mentioned on covering letter that we cannot afford to go holidays or anything else 'cause we have huge debt we have to pay!

But the reply we received is written in a very unprofessional way! Someone who written it can't even spell and twisted everything!

Their reason of refusal:

That if we're planning to go on holiday we should apply from Philippines. That is not what we said on our covering letter!

They even said that me and my husband should live together in Philippines!

Everything just doesn't make sense ����

[rona]

I had a Spouse Visa but separated from my ex 2 months before I renewed my visa - just couldn't take it anymore so I left. And didn't renew my visa to stay!

[aprilmaejon]

First of all - the overstay. Usually over stayers are banned from re-entry for between 1 and 10 years. Certainly if you tried to return by applying for a visitor, work or student visa you would be refused.

However, those applying for a settlement visa as the spouse, civil partner, unmarried partner or fiance of a UK citizen or someone legally settled in the UK are 'forgiven' previous immigration breaches. It may slow down your application and you certainly cannot use any priority service if it's available in your country as you will have an adverse immigration history.
http://londonelegance.com/transpondia/ex...

Your husband will need to be earning at least £18,600 to qualify to sponsor you. You will have to pass an English test unless you are from an English speaking country or have a degree taught in English from an acccredited education establshment.

Her's some links to explain the process in detail.
http://www.ukba.homeoffice.gov.uk/visas-...
http://www.ukba.homeoffice.gov.uk/visas-...
http://www.ukba.homeoffice.gov.uk/siteco...
http://www.londonelegance.com/transpondi...


It is highly likely that an application submitted to the Home Office whilst in the UK as an overstayer would undoubtedly be rejected as you currently do not have valid permission to remain in the UK and you are therefore here illegally.

As such the Home Office is not to allow individuals to benefit where they have breached the immigration rules by committing an immigration offence such as overstaying.

However, you still have the opportunity to regularise your status and acquire permission to lawfully reside in the UK on the basis of your marriage or intended marriage if you make your own voluntary departure, which means leaving the UK at your own expense.

Once you have returned to your home country (or any other country where you have lawful permission to reside) you can then apply for entry clearance to return to the UK as either a Spouse or fiancé of a British/settled UK resident.

There are many requirements to satisfy in order to submit a successful application for entry clearance, also it is important to clarify and set out how you can make such application despite the fact that you overstayed.

[grahamw48]

Might I suggest to anyone reading this thread, and who has just met a Filipina in similar circumstances...

You can show how much you love her BEFORE you marry her, by helping her to first of all sort out her immigration status !

Ignorance of the regulations is really no excuse these days. Everything is available online (and has been for many years). Google is your friend.

I'll get off my high horse now.

[rona]

Thank you really appreciate your help!

I just want this over. My poor husband is paying for everything and he's struggling! I want to be able to help pay for bills and be legal here in England, last thing I really wanted is to be illegal and breaking laws but I felt like I didn't have any choice!

[rona]

It's not a man's fault no one should be rushed to get married, based on my experience!

Immigration Law should change! They should give people more time to get to know who they're marrying - especially couples that are in long distance relationships! Will never know the person until you live under the same roof!

[aprilmaejon]

Rona, you have no other choice but to go back home and apply for your spousal visa there. You have overstayed long enough now...

[rona]

Thank you for reply

My husband earns £36,000 p/a

And I have passed ESOL Advanced with distinction!

I'm willing to go home but we need certainty that I will get visa to come back!

[Michael Parnham]

Might I suggest to anyone reading this thread, and who has just met a Filipina in similar circumstances...

You can show how much you love her BEFORE you marry her, by helping her to first of all sort out her immigration status !

Ignorance of the regulations is really no excuse these days. Everything is available online (and has been for many years). Google is your friend.

I'll get off my high horse now.

Good point!

[Michael Parnham]

Thank you for reply

My husband earns £36,000 p/a

And I have passed ESOL Advanced with distinction!

I'm willing to go home but we need certainty that I will get visa to come back!

I'm afraid no one can tell you that you will be allowed back in the UK, it all depends on the powers that be!

[melovesengland]

I agree with the members comments and suggestions above Rona. For you to avoid long term disappointments as well as your husband then you must leave the UK and start all over again.

That is the only way you can get round it. You have broken the law already and now it is putting pressure to you and to your husband especially in financial terms. If you don't want that to get worse and save your marriage then you know what is the best thing to do.

No one can assure you that when you leave the UK, you will get approval for visa but, as you say, they might forgive you because you are married to a British citizen.

Think twice or more, think advance and think about you and your husband's future.

[rona]

Shall I buy one way ticket or return?

[Michael Parnham]

Shall I buy one way ticket or return?

One way as everything you need to do will take time. Good luck for the future and whatever you do please keep us posted!

[matthau]

Might I suggest to anyone reading this thread, and who has just met a Filipina in similar circumstances...

You can show how much you love her BEFORE you marry her, by helping her to first of all sort out her immigration status !

Ignorance of the regulations is really no excuse these days. Everything is available online (and has been for many years). Google is your friend.

I'll get off my high horse now.

hi

Im kevin, the huband of Rona.

Trying to write this down whilst at work, cant be seen online so i'll write this quick.

We met in november 2011, just lost my mother a month before. She was ending a 2 yr relationship with a perverted husband. I dont have much money but meet salary criteria for the application.

We worried straight away about her visa, she shouldve stayed married to ex for a further 2 months but was too proud.

she didnt want to spend last of her money on a visa whilst dating someone, incase we didnt last. you never know do you...

I had up to meeting her not dealt with visas of any kind before. Never found myself in a relationship with a foreigner.

So through bad thinking i guess, in hindsight, i moved her in, put her on the council tax etc, and then a yr later, we knew we were the real deal but now it was 1 yr and a bit later, we worried big time abuot her being deported. I at no stage have had money for solitors, without her working and covering all the house bills its been a hard two yrs.

Instead we had a small wedding, thnking this would help, especially seeing how much time had passed. This we do no regret. it will help and you know this..


I wrote in the covering letter that we have a true honest relationship and that we need for her to go out and work so we can afford a belated honeymoon and simply live a life as my debts are mounting.

they replied with, words to the affect 'you have said you are wanting to travel, so go to the philipines to LIVE.

to live!!! this has never been mentioned or on the agenda!

so now we find ourselves in a position where she cant work, i have no money.

been together since 2011. madly inlove. want family and all the trimmings...

but to get a solicitor or flights out there will have to be a case of applying for credit cards or loans and increasing my debt.

If i take solicitor route and fail, then id have to pay that and filghts.

so the question is.

if i forget solicitor as it looks unlikely we'll win.

do i just buy her flights. but will she be accepted over in manila, to come back?

thats the big question.


high horse?

i think you'll agree our love is very real and strong. We just didnt play the game right.

[Terpe]

Based solely on what you've shared, the optimum route is for your wife to voluntarily return to Philippines and prepare a new visa application.

Just how the ECO will apply the immigration rules cannot be predicted....the only thing you can do is to ensure full compliance with all the immigration rules for spouse visa requirements. It's so important to be totally honest and avoid any hint of deception or attempt to circumvent the rules.
That's why it's key to return voluntarily and under your own funding.

It's going to be a tough waiting game as we all know......

If all fails then that's the time you'll need to consider other options. (Which do legally exist)

Good luck

[Steve.r]

I obviously cannot judge you, but what can you do to save more money? being on your salary you should not be looking for credit card loans just to get you by. I would take Peter's advice and let your wife go back to Phils while a, you sort out your money troubles and b, get her spouse visa applied for with no missing or false details or documentation.
I think she (your wife) knew that she was on a sticky wicket and to be honest should not have overstayed, this will be a problem I feel, but with honesty in your application you may get lucky.

I do wish you luck, you have a few hills to climb together, but it will be worth it.

[mickcant]

Hi, kevin and Rona,
The only good part of this is that your income is high enough to start an application from the Philippines.
I hope you do get this sorted out.
Mick.

[Terpe]

Kevin, time is not on your side. Has your wife received any letter requesting her to leave and explaining the options ?

She must avoid deportation at all costs.