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Thomas
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6298
Experience:  BA (Hons), PgDip, Practising Solicitor
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Hello,My Girlfriend applied for a stay in England

Resolved Question:

Hello, My Girlfriend applied for a stay in England. She is from Jamaica. The solicitor we used got the reply back from the Home Office and didn't contact us about it until a month after. This means that she should have gone home around the 26th of November and she wasn't called to a meeting with her solicitor until the 5th of December. We are beside ourselves with worry that the immigration people will turn up at any moment. Can you please help? Many thanks, XXXXX XXXXX

Submitted: 1 year ago.
Category: UK Law
Expert:  Thomas replied 1 year ago.
Hi,

What visa was your girlfriend on?

When did the visa expire?

What would you like to happen in the long term?

Tom
Customer: replied 1 year ago.

I'm not sure what Visa she was on but it ran out a good while
ago. We have been together for 6 years now and wish to stay together (I'm 50 and she is 48). I would gladly marry her but if I do this now they may think I'm just doing it to help things along. Are we in danger of the immigration turning up at any moment as it is driving me nuts and starting to effect my work as I can think of nothing else.


 


Please help.


Dave.

Expert:  Thomas replied 1 year ago.
Hi,

Do you live together and if so for how long?

Tom
Customer: replied 1 year ago.

Hello Tom,


 


We have been living together for nearly six years and very happily.


 


Dave.

Expert:  Thomas replied 1 year ago.
Thanks Dave.

Did she apply for leave to remain based on your relationship?

What were the reasons for the refusal please?

Tom
Customer: replied 1 year ago.

They are saying there is not enough evidence. I havent even seen the letter she received yet ( I will this morning later on) she has been at her sisters
since Friday night almost in hiding as we feel that if we had got the letter when we should have done we could have acted earlier. We gave all the evidence we could on the form.


 


Dave.

Expert:  Thomas replied 1 year ago.
Hi

Thanks for your patience.

Whilst I cannot completely rule out the possibility that the UKBA may detain here I would say that at this stage so close to the time by which she was afforded to leave the country it is not likely in the immediate short term.

The UKBA are very overstretched at present and so although they would be perfectly in their rights to detain your girlfriend and then issue removal directions (which you would be at liberty to appeal) I would not expect them to do so for at least a couple of weeks.

The best thing you can do is get written acknowldgement from your solicitor about the delay in getting notice of the decision to you, so that this is to hand should the UKBA arrive.

The next thing you need to do is to get your solicitor to highlight the evidential deficiencies upon which the refusal has been based and then rectify these..

I would suggest that the quickest way to get leave to remain in UK would be for her to prepare a further out of country applicant with her solicitor and then leave the UK of her own accord. Technically she would receive a re-entry ban for a year, however your human rights would supercede that so that the application out of country would be approved provided that they accept she has the status of an unmarried partner.


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Kind regards,


Tom
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6298
Experience: BA (Hons), PgDip, Practising Solicitor
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