How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask UK_Lawyer Your Own Question

UK_Lawyer
UK_Lawyer, Solicitor
Category: UK Immigration Law
Satisfied Customers: 2047
Experience:  I am a qualified solicitor and an expert in UK law.
Type Your UK Immigration Law Question Here...
UK_Lawyer is online now
A new question is answered every 9 seconds

My fiancee is a Filipino. She has been in the UK for approximately

Resolved Question:

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?
Submitted: 2 years ago.
Category: UK Immigration Law
Expert:  UK_Lawyer replied 2 years ago.
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
Customer: replied 2 years ago.
She has no leave to remain
She entered with a tourist visa

She is working but not legally

We will marry 2014 if it is possible
Expert:  UK_Lawyer replied 2 years ago.
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.
Customer: replied 2 years ago.
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.
Customer: replied 2 years ago.
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?
Expert:  UK_Lawyer replied 2 years ago.
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
UK_Lawyer, Solicitor
Satisfied Customers: 2047
Experience: I am a qualified solicitor and an expert in UK law.
UK_Lawyer and 4 other UK Immigration Law Specialists are ready to help you
Customer: replied 2 years ago.
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
Expert:  UK_Lawyer replied 2 years ago.
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.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
< Last | Next >
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
  • I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks! Ms. Baker Alfafar, Spain
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie USA
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
 
 
 

Meet The Experts:

 
 
 
  • Thomas

    Solicitor

    Satisfied Customers:

    1518
    BA (Hons), PgDip, Practising Solicitor
< Last | Next >
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    1518
    BA (Hons), PgDip, Practising Solicitor
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg INC's Avatar

    INC

    Solicitor-Advocate

    Satisfied Customers:

    793
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    782
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/AMARHAYAT/2009-12-11_31638_phpZxJuBB_c2PM.jpg A Hayat's Avatar

    A Hayat

    Immigration Solicitor

    Satisfied Customers:

    205
    13 years specialist skill in UK Immigration & Nationality Law
  • http://ww2.justanswer.com/uploads/paulrichmond1/2010-05-29_112318_PaulRichmond.jpg Paul Richmond's Avatar

    Paul Richmond

    Barrister

    Satisfied Customers:

    114
    LL.B (Hons) (First Class), LL.M (Distinction), Immigration Barrister (12 years)
  • http://ww2.justanswer.com/uploads/AW/AwanLegal/2011-6-16_113818_DSC00284.64x64.JPG Awan-Legal's Avatar

    Awan-Legal

    Solicitor

    Satisfied Customers:

    95
    Specialist in immigration law with the highest level of accreditation in this area and with many years experience.
  • http://ww2.justanswer.com/uploads/Topadvisor/2010-5-18_221239_Me.jpg John Knox's Avatar

    John Knox

    Solicitor

    Satisfied Customers:

    19
    solicitor with 8 years experience