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Thread: 'Visa error' mother must leave child in UK

  1. #1
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    Question 'Visa error' mother must leave child in UK


    The family say it could take up to two years before Mae Draper (far right) will be "allowed back" into the UK to see daughter Rhian (left) and husband Kevin

    A mother and daughter living in Bristol may be forced to live apart for two years due to a "visa error".

    Filipina Mae Draper has been married to a Bristol man for 20 years, but is facing deportation after being issued a visitor visa instead of a spousal visa.

    The Home Office said in order to apply for a spouse visa to stay in the UK, she must leave the country.

    MP Chris Skidmore, who is supporting their case, said it was "common sense" that she should be allowed to stay.

    Kevin and Mae Draper were married in the 1990s and spent a year and half in Bristol before moving to Dubai.

    The family returned three years ago to England and Mrs Draper went to visit her father in the Philippines.

    "We expected she would be able to get on a plane within a few months and come straight back to Bristol," said Mr Draper.

    He said it took a year of applying to get a visa to come to the UK.

    'Tragic and distressing'

    But Mr Draper claims his wife was not "properly" advised and returned to Bristol on the wrong visa.

    Now, the Home Office has said she must leave the country to re-apply.

    "The immigration rules make clear that it is not possible for a visitor to switch to a spouse visa," a spokesperson said.

    "It remains open to Mrs Draper to submit a fresh application as a spouse from outside the UK."

    But Mr Draper said it could take two years before his wife "is allowed back to see her child again".

    With the family already forced to live apart for a year, Kingswood Conservative MP Chris Skidmore has taken up the case.

    "This is a tragic and distressing story and one which is totally unnecessary," he said.

    "I believe it makes perfect common sense that Mae should be allowed to stay."

    Source


  2. #2
    Moderator joebloggs's Avatar
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    But Mr Draper claims his wife was not "properly" advised and returned to Bristol on the wrong visa.
    Not enough info here, married 20yrs, spent 18 months in Bristol, then returned to the uk 3yrs ago - on what visa, visit visa??, left the UK to go to the Phils and needed a visa to return ,

    You would have thought if she had been given a visit visa you would have noticed and contacted the Embassy who could have changed it to a settlement visa, unless she applied for a visit visa
    http://www.filipinouk.com/forum/image.php?type=sigpic&userid=870&dateline=1270312908


  3. #3
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    Married, 18 months in Bristol, then many years in Dubai before returning to the UK 3 years ago. So about 15 years away. We double and triple check at every stage, some people don't. This is the result. Hopefully she gets it all sorted soon.


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    Unfortunately for her, she hadn't been shot by the Taliban, thereby being able to bring her whole family here.


  5. #5
    Trusted Member sars_notd_virus's Avatar
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    Quote Originally Posted by joebloggs View Post
    Not enough info here, married 20yrs, spent 18 months in Bristol, then returned to the uk 3yrs ago - on what visa, visit visa??, left the UK to go to the Phils and needed a visa to return ,

    You would have thought if she had been given a visit visa you would have noticed and contacted the Embassy who could have changed it to a settlement visa, unless she applied for a visit visa
    I agree, not much info even in this link:

    http://www.bristolpost.co.uk/600-joi...ail/story.html

    Restrictions are written in the visa she can ''extend'' but she cannot ''change'' from visitors to settlement.
    ''Don't be serious..Be Sincere''


  6. #6
    Moderator joebloggs's Avatar
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    Quote Originally Posted by sars_notd_virus View Post
    I agree, not much info even in this link:

    http://www.bristolpost.co.uk/600-joi...ail/story.html

    Restrictions are written in the visa she can ''extend'' but she cannot ''change'' from visitors to settlement.
    Your link explains a bit more ..

    Although they married in Bristol in 1995, lived here for over a year and travelled all over the world, the couple faced problems when Mae wanted to return to UK after visiting her family in the Philippines in 2011.

    As she wanted to be able to regularly return to the country to see her father she claims that the UK Border Agency in Manilla advised her to apply for a visitor visa.

    A series of problems which delayed the visa followed – including two applications rejected because authorities did not think she would return to the Philippines and Mrs Draper catching dengue fever.
    As they've travelled the world they must have applied for many visas and knew about the different types

    Maybe UKBA did tell her that , but did she explain that her husband and daughter lived in the UK and she wanted to live there permanently? Because if she did, they wouldn't be telling her to apply for a visit visa.

    2 refused visit visas should have rang some alarm bells

    2yrs? Where do they get that number from? At the most, 6 months - if that

    Her visa ran out over 1yr ago. Time they went by the rules, and I'm sure they know the difference btw a visit visa and a settlement visa
    http://www.filipinouk.com/forum/image.php?type=sigpic&userid=870&dateline=1270312908


  7. #7
    Moderator joebloggs's Avatar
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    Bristol woman fights deportation to Philippines

    A woman from the Philippines who lives in Bristol with her family will hand a petition to the Government today asking not to be deported.

    Mae Draper married her husband Kevin 19 years ago and they have a daughter together. The family's MP Chris Skidmore is backing their case.

    More than a thousand people have signed a petition calling for the family not to be split apart by the home office.
    http://www.itv.com/news/west/update/...o-philippines/
    http://www.filipinouk.com/forum/image.php?type=sigpic&userid=870&dateline=1270312908


  8. #8
    Admin's Assistant ^_^ raynaputi's Avatar
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    Why would she be deported? What kind of visa error does she have? Not much story in the article.
    -=rayna.keith=-
    ...When you realize you want to spend the rest of your life with somebody, you want the rest of your life to start as soon as possible...



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