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Discussion in 'Important Causes' started by Methersgate, Feb 27, 2014.
Ignorance of the rules is not an extenuating circumstance......... or a valid excuse.
Even if you are not really aware of the rules, you would know when your visa expires.
She's being told she can go back to the Philippines and re-apply. So my guess is they didn't do things properly. It looks to me like she came here on a student visa and then took a job while either still on a student visa or after her visa had expired.
Also, the article states she works full time. You're not allowed to work full time on a student visa. I think it's 20 hours maximum per week.
Nevertheless this matter deserves to be dealt with pragmatically. Arlene has undoubtedly saved the tax-payer a considerable amount of money by nursing and supporting Stephen back to full health - and taking-on someone who's an unemployed depressed alcoholic and turning that around is no mean feat. They both now have incomes and apparently can afford to run two cars. But for her, Stephen would be a burden on the state. I repeat, I believe she has earned the right to stay in the UK, far more so than those who make use of Human Rights legislation to prevent their deportation and who are claiming all manner of state benefits, including free legal representation.
I agree, entirely, with Markham.
What we think UKBA should in all fairness do and sense of justice do, and what UKBA actually will end up doing, are totally at odds with each other.
Guess who is going win...???
Those arguments will not cut any ice with bureocracy.
I don't see why, if she has overstayed or violated her visa conditions, she should just be allowed to stay.
they say she can go to the Philippines and re-apply there, so the door isn't closed. Just that she has to go down the proper route.
I had a LDR with my now wife for 2 years. We were unsuccessful in our first visa attempt and had to try again, keeping us aprt for longer. So, that's what we did. She applied again from the Philippines and was succesful second time. We had to wait, but we did things properly and in the end it was worth it.
People not abiding by visa regulations is one thing that causes more problems for the likes of myself and, no doubt, many others here who just want to do things properly.
Sure, I feel sorry for them, but if they have broken the rules then they must recognise that and go through the proper channels.
I have every sympathy for people who are kept apart even though the husband is working full time for a measly minimum wage. There but for the Grace of god go I and any one of us.
But you have to abide by the rules and not overstay or work on a sudent visa, if that's what she has done.
Good luck to them and I hope they sort things out, but if they'd gone the proper route they would probably be together and legal by now anyway if things are as they look to me.
Thats what Micawber would say. Yes.
So she gets sent back to the Philippines and made to apply for a settlement visa from there. Have you considered the effect that might have on her husband? He is a self-employed fencer and his earning might not be sufficient to qualify. Then there's the risk of him returning to the booze through depression and being unable to work - so the state has to step in and pay a range of benefits to which he'd be entitled but to what end? He is separated from his wife and with no chance of her being able to return to the UK. The alternative is that they both come to the Philippines but then there's the problem that he's not earning money and therefore can't satisfy the requirements for her settlement visa.
Right now they both earn money, both pay taxes and neither claim any benefits. There is no saving to the public purse by making her leave the country.
Rules may be rules but they have to be interpreted intelligently.
When was the last time that UKBA interpreted THEIR own rules intelligently...??
They regularly screw up their own guidance by not reading up on it...........
And do you in your own heart, think tha UKBA gives a damn????
For how much I dislike this to happen, She will have to return to Pinas and start afresh with a spouse visa.
Think you are probably right. I am going to try to contact them anyway as they are almost local.
Yes. One has sympathy with their plight. But it ought to be a level playing field for all applicants.
Hi everyone,,I know this was 2 years ago but I just founded this thread few months back and I need to ask permission or joined in to leave a reply.We finally got our visa Sept 2014. I am not an over stayer.But as you have read in news paper we didn't meet the financial requirement. I came here in Uk as a student NVQ level 2/3 in health and social care while full time care assistant in Residential Home,paying my taxes not asking anything from the government,taking care of dementia and mental health patients. I met my husband ( he live few houses away from where i lived )2010 and fell in love. My husband who was ill before he met me started to get the piece together and re-started his business just before we got married and so when we applied his income is not considered as its not 1 year annual income,My P60 only reads £16,800.00. , less than the £ 18,600. financial requirement the Government imposed July 2012. After 2 years applying, appealing, and finally re applying when we know we got the figure to satisfy the threshold ,we got the visa. Now my husband enjoys the successful business we build together and I am now a senior carer. If we give up the fight and follow the immigration judge that told us to go back to Philippines have a holiday and apply there, this will never happened and we dont know if I can still come back here or if my husband can have the successful business he have now,,you can check his website to see how his progress from being in the welfare before our partnership as husband and wife. Thank you for the support and understanding of the british-filipino.com
Hi Arlene, may I congratulate you on your successful application. Luckily for you and your husband things eventually worked the right way. It is very interesting because we have discussed on the forum quite a few times about the possibility of not attaining the financial requirement due to unemployment and such like. We are all vulnerable to the possibility until we finally have the right via ILR to stay in the country. Thanks for finding us and sharing your story.
Arlene, what a lovely story with a happy ending.
Well done, both of you!
Well done Arlene.
Here is an article that should have been posted here two years ago:
>> Norfolk couple win two year immigration battle...
thank you Dave _E
Thank you Methersgate ,,yes its like a fairy tale that good prevails over evil .
Good to see everything worked out well in the end.
Sorry for thinking you were an overstayer. Sometimes these reporters don't fully understand the immigration process and give out misleading information in their articles. I just tried to re-read the original article, but the link doesn't appear to work any more.
The £18,600 threshold is a travesty. I have every sympathy with anyone who struggles to meet it.
Hi Maharg thank you, and yes i noticed that when dealing with reporters when i asked the second time around to please broadcast or dont edit the part I strongly stated that in the spouse visa we are not entitled to public funds.the govt emphasize that it is for the interest of public (purse?) that we will be allowed to stay when we are not earning the £18,600. Which obviously not the case. Both reporter cut that part when they aired it.I dont have a clue why.