My fiancee is a Filipino. She has been in the UK for approximately 10 years, an appeal to stay was rejected some 5 years ago and she has been working in the UK mainly as a full-time live-in carer for the last few years (with excellent references). Is there anything she should do now with the new deadline coming in this Monday?
Province/Country relating to question : Filipino/UK
My fiancee approached a solicitor some five years ago about her request to extend her visa but she believes he let her down and her request was refused
Hi thank you for your question. Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE so I can get credited for my time.Just to clarify :What leave to remain does your fiancé currently have? What visa did she enter the uk?Is she currently working legally? When do you intend to marry each other? Kind regards
She has no leave to remain
Thank you for your reply. If you had submitted an application before 9 July 2012 for discretionary leave to remain on the basis of your relationship with your partner then the ukba would have considered it under the human rights act. However the rules being introduced from 9th July 2012 means that they have increased the bar as to what application they would consider to be accepted under the human rights act. The have changed to mean that any application which would have been considered outside of the immigration rules on a discretionary basis will now only be considered if the applicant meets the immigration rules. As your partner is an overstayer she fails to meet the first requirement, which is that she must have valid leave to remain and not be an overstayer. She must now return back to her home country and submit the application from outside of the uk for entry clearance as your fiancé or when you have married as your spouse. Although there is no bar on you to still submit an application for discretionary leave to remain in the uk, it will most likely be refused. Had the application been submitted before 9th July 2012 there was more chance of success. Please be mindful of the fact that your partner is committing a criminal offence by overstaying in the uk. I am sorry if the advice given is not what you wanted. I hope this answers your question if so kindly leave positive feedback so I can get credited for my time.
Thank you, XXXXX XXXXX question now is; is there any benefit at all in her applying NOW namely by Monday, or will this be useless? Because she will be paying out for the use of a solicitor as well as a fee for the application to the Border Agency.
I need to know whether there is any use at all in my fiancee going down to London this coming Monday to make application to stay?
Thank you for your reply. I would recommend that she return home and apply from there for entry clearance to the uk. If she does apply now, only if the application is exceptionally strong then there is a chance of success. In your partner's case the application has more chance of being refused then accepted by the ukba. If you still want to take a risk then that is her decision. If she does make an application on Monday she would have already missed the deadline. I hope this answers your question if so kindly leave positive feedback so I can get credited for my time. Kind regards
I am a qualified solicitor and an expert in UK law
Thank you for your reply so far. It appears that going to London to apply will be a fruitless and expensive exercise and so I agree with your advice; unfortunately, she cannot return to the Philippines until 2014 when we will seek to get married; from what you have said there is nothing she can do in the next few days that will make our marriage and entry into the UK any more or less likely.Thank you
THIS ANSWER IS LOCKED!You can view this answer by clicking here to Register or Login and paying $3. If you've already paid for this answer, simply Login.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).