Advice needed on immigration issue

[Jack1969_uk]

Hello to all,

I'm here seeking advice on a issue regarding immigration staus of a young 26yr old filipina who came here to the uk 4 months ago to get married through the Fiancee visa system.

She arrived here wilth the greatest of intentions of marrying her Fiance in Birmingham West Midlands.

There was a considerable age gap between them both her been 26yrs and her fiance aged 68yrs.She arrived and they placed the wedding bands at the local registery office in Birmingham.

Sadly before the wedding could take place the fiance suddenly passed away and she was left alone in his house in Birmingham.

His family asked her to leave the property and she was then taken in by a kindly filipina to stop her from living on the streets she is now residing in the North of England.
i know the filipina who she is with for many yrs but i,m trying to avoid this young lady being sent back to philippines.

I myself was married to filipina for 21 yrs sadly as sometimes happens things did not work out and we divorced in 2005 i'm now a free man and single.

Whats the legal aspects here and what can be done to avoid her having to leave and return home.

I need some advice if possible of the legal aspects of her situation.

Or is there another route we can take to avoid her having to return home.

thanks in advance

Jack Wallace

[joebloggs]

difficult one, but you need to get free legal advice from your local law centre..

i'm not so sure about this, but seeing they were not married i dont think there is much you can do, maybe could argue that a fiancee visa leads to settlement, i doubt it thou, but if i remember correctly..

There is provision in the immigration rules for the dependents (spouse and/or children) of a settled person to be granted ILR where the sponsor dies during the probationary period. Likewise there is scope for those suffering domestic violence. Both require submission of appropriate documentation (death certificate, court documents etc) as well as evidence pertaining to subsistence of the relationship upto relevant point.

but There is no similar provision for dependents of a non settled person. The HO will nominally (at most) allow the dependents to remain in the UK to the expiry date of their LTR on compassionate grounds for them to finalise their affairs. An application for ILR outside the rules may exceptionally be considered on the most compelling of circumstances - e.g. severe destitution within the HRA threshold. The time period to ILR would be a consideration in such a case e.g. WP holder deceased 28 days prior to completion of 4 years on said IED and dependents have likewise been present in the UK under WP dependent LTR. In such circumstances the dependents must not travel outside the UK post the sponsor being deceased until the HO make a decision on the case.

[KeithD]

The fact she has nowhere to live doesn't help, nor does the fact they were not married.

As Joe says, get proper legal advice starting with phoning CAB's Immigration dept, but I'd say she would have to go back the Phil.

[vbkelly]

Hello to all,

I,m here seeking advice on a issue regarding immigration staus of a young 26yr old filipina who came here to the uk 4 months ago to get married through the Fiancee visa system.

She arrived here wilth the greatest of intentions of marrying her Fiance in Birmingham West Midlands.

There was a considerable age gap between them both her been 26yrs and her fiance aged 68yrs.She arrived and they placed the wedding bands at the local registery office in Birmingham.

Sadly before the wedding could take place the fiance suddenly passed away and she was left alone in his house in Birmingham.

His family asked her to leave the property and she was then taken in by a kindly filipina to stop her from living on the streets she is now residing in the North of England.
i know the filipina who she is with for many yrs but i,m trying to avoid this young lady being sent back to philippines.

I myself was married to filipina for 21 yrs sadly as sometimes happens things did not work out and we divorced in 2005 i,m now a free man and single.

Whats the legal aspects here and what can be done to avoid her having to leave and return home.

I need some advice if possible of the legal aspects of her situation.

Or his there another route we can take to avoid her having to return home.

thanks in advance

Jack Wallace

hi there sad to hear this story of your friend,what can i say is bcoz they are not married to that man and before her fiancee visa's run out she need to go back to the philippines thats what i think or seek the advice to the home office or like what joe said.

[ginapeterb]

Sadly this young lady has no legal status to remain in the United Kingdom, I am sure after a reasonable period, she would be required to leave the UK and return home, the basis of her visa is that of a marriage, which due to the unfortunate demise of the intended spouse, this did not happen, the rules are the rules one is duty bound to say.

However, I wish her well, I am sure in time, she will find a new partner, and begin the process again, our condolences to the lady concerned.