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My fiancée has overstayed in Malaysia + months due to her

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My fiancée has overstayed in...
My fiancée has overstayed in Malaysia for 6+ months due to her own illness and that of her sons. In this time I have funded the hospital fees and paid her debts incurred with the landlord. She now finds that she is unable to return home. What options are available to us?
Submitted: 1 year ago.Category: UK Immigration Law
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Answered in 1 minute by:
6/23/2016
Solicitor: GSenmartin,
 replied 1 year ago
GSenmartin
Category: UK Immigration Law
Satisfied Customers: 109,992
Verified

Hello! My name is***** and I am a licensed attorney with more than 14 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help.

Why isn't she able to return home? How much have you already sent? Have you met your fiancée in person before or only over the internet, Skype, etc.?

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Customer reply replied 1 year ago
She lives with me, when to Malaysia for pleasure and then she fell ill, then her son did. They are both Dutch nationals. During this time off illness rent debt was incurred which has been cleared. Her visa was for 1 month but has no overstayed for 6+ months.
Solicitor: GSenmartin,
 replied 1 year ago

And where are you trying to get her to?

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Customer reply replied 1 year ago
To where we live in the UK
Solicitor: GSenmartin,
 replied 1 year ago

Ok. Your question ended up in the U.S. immigration law forum and most of these types of questions are romance scams, but since you have met her in person and lived with her, we can pretty much assume that it is not a scam. What I will do is opt out and have your question transferred to the UK immigration forum. It may take a little bit of time (not sure how long) but do not worry, your deposit has not been used. Sorry for the inconvenience.

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Customer reply replied 1 year ago
OK, thanks
Solicitor: Clare, Solicitor replied 1 year ago
Clare
Clare, Solicitor
Category: UK Immigration Law
Satisfied Customers: 34,502
Experience: 25 years hight street experience
Verified

Thank you for your question

What nationality is she and how long have you lived together?

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Customer reply replied 1 year ago
She is Dutch and one year
Solicitor: Clare, Solicitor replied 1 year ago

Why can she not return now?

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Customer reply replied 1 year ago
As she and her son have been ill and hospitalised they are a number of months over the visa allowance. Immigration are saying we need to pay a heavy fine and need to wait for the case to be heard. Dom the research I've done it appears that payment of RM3,000 with valid tickets should permit her and her son to return home
Solicitor: Clare, Solicitor replied 1 year ago

have you spoken to the Embassy?

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Customer reply replied 1 year ago
She is planning to go to the Dutch embassy in Kuala Lumpar today
Solicitor: Clare, Solicitor replied 1 year ago

May I ask why she has not gone before now?

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Customer reply replied 1 year ago
She was in hospital for over a month and then her son feel ill and was in a life threatening situation and hospitalised. During this time her landlord held her passport. Once the rent arreas were cleared she had her passport returned, early this week, and only then did she realise the visa issue
Solicitor: Clare, Solicitor replied 1 year ago

I am sorry I had not realised she had been that poorly.

Her only option is the Embassy who will assist her in arranging her return home.

Malaysia will not hold her if she wishes to leave

Clare

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Customer reply replied 1 year ago
Does it sound right that they are trying to say she has to pay RM77,000 as a fine for her and our son? Where the official web-site state a maximum of RM10,000
Solicitor: Clare, Solicitor replied 1 year ago

No it does not sound right at all.

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Customer reply replied 1 year ago
The embassy in Kuala Lumpa are useless, do you have any suggestions. Would fine normally apply to a child (our son is only 8). We can afford to pay RM10,000. She is feeling very stressed and intimidated by the immigration staff. Is there any legal reason why if we pay the RM10,000 they would prevent her and our son, returning home?
Solicitor: Clare, Solicitor replied 1 year ago

Has she actually been to the Embassy?

Have you spoken to them?

Just for clarity - your fiancee and her son have been living in the UK until this visit?

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Customer reply replied 1 year ago
I've not spoken to the embassy but my fiancee has.My fiancee and son is a Dutch national so visit the Dutch embassy. And yes she and her son lived with me before her visit. Upon her return we were planning for them commence becoming UK citizens.
Solicitor: Clare, Solicitor replied 1 year ago

How long has she lived in the UK in total (trying to see if you can involve ur embassy)

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Customer reply replied 1 year ago
Before she went to Malaysia 6 months, before that in the USA for a number of years. She only holds Dutch citizenship, though her son holds both Dutch & US
Solicitor: Clare, Solicitor replied 1 year ago
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