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residence or work permit or nothing

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amayi
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residence or work permit or nothing

Post by amayi » Thu Apr 03, 2014 3:50 pm

When I first met Kate (Filipino) in 2012 she was a housekeeper in a large London house (with a work permit). She agreed to leave her job and come live with me in Feb 2013 (her friend wrote a letter saying she was now working for me), and we married in July 2013. Our Daughter was born in August 2013.

At some point in 2013 Kate's work-permit came up for renewal - and I didn't see the point as she's a happy full-time house-wife and mother. I don't intend for her to work again, so why have a work-permit?

Now, we would like to visit the Philippines to celebrate our daughters first-birthday (in August 2014).

NOTE: Kate has been in the UK since early 2012

Questions
Do I complete flr(m) ? if so, do I use her UK or Philippines address?
Or, can't we just re-new her work permit?

Bob

MPH80
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Re: residence or work permit or nothing

Post by MPH80 » Thu Apr 03, 2014 5:19 pm

So she's an overstayer?

The correct process is for her to return home, apply for a spouse visa and return on that spouse visa.

You could apply in country for leave under the family life route, but it's tough to see that succeeding given your daughter is so young and could relocate.

You cannot, now, simply apply for a work permit given it's lapsed. You'll also have a tough time convincing them she's actually working for you unless you've got clear proof she's more than a housekeeper - and - of course - you've got income tax records etc.

Wanderer
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Re: residence or work permit or nothing

Post by Wanderer » Thu Apr 03, 2014 5:19 pm

This won't be sorted out by next August.....

1. You can't just take over a work permit, unless she was on Tier 1 (aka HSMP) which it doesn't sound like.

2. As this WP has now expired she's an overstayer.

3. I think she'll have to apply from UK on FLR(M) for an out-of-time appliction - don't think she'll have to return to Philippines for that with a young child but you never know...

4. It's going to take a while....
An chéad stad eile Stáisiún Uí Chonghaile....

MPH80
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Re: residence or work permit or nothing

Post by MPH80 » Thu Apr 03, 2014 5:22 pm

Interesting you see it the other way Wanderer ... I would see it that UKBA would say 'young child, no barrier to relocation, not been in the UK for long - bye bye'.

Wanderer
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Re: residence or work permit or nothing

Post by Wanderer » Thu Apr 03, 2014 5:29 pm

MPH80 wrote:Interesting you see it the other way Wanderer ... I would see it that UKBA would say 'young child, no barrier to relocation, not been in the UK for long - bye bye'.
Yes because I always take the hard line and get pulled up by the board's treehuggers and libertines!

Now I've gone soft, all this Familiy life, HRA and DL nonsense has made me mellow......
An chéad stad eile Stáisiún Uí Chonghaile....

MPH80
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Re: residence or work permit or nothing

Post by MPH80 » Thu Apr 03, 2014 6:18 pm

Wanderer wrote:
MPH80 wrote:Interesting you see it the other way Wanderer ... I would see it that UKBA would say 'young child, no barrier to relocation, not been in the UK for long - bye bye'.
Yes because I always take the hard line and get pulled up by the board's treehuggers and libertines!

Now I've gone soft, all this Familiy life, HRA and DL nonsense has made me mellow......
I will admit - it wasn't quite your usual style of reply.

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Re: residence or work permit or nothing

Post by Amber » Thu Apr 03, 2014 8:51 pm

I'm afraid you will not be granted FLR(M) if your leave expired more than 28 days ago. Instead you'd have to apply abroad. Alternatively is an application for FLR(FP) but that's a 10 year route to settlement. FLR(M) also has a Financial and English requirement.
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amayi
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Re: residence or work permit or nothing

Post by amayi » Fri Apr 04, 2014 11:16 am

Thanks all. Since there seems to be no clear route - we may just do nothing.

Wanderer
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Re: residence or work permit or nothing

Post by Wanderer » Fri Apr 04, 2014 11:24 am

amayi wrote:Thanks all. Since there seems to be no clear route - we may just do nothing.
Which would be a very irresponsible thing to do. Makes a mockery of all the people to do this legally. Also it traps her, she can never travel, visit home, get a job, go to hospital plus all it takes is one officer to stop her, one person to check her status and she could very well end up in a detention centre.
An chéad stad eile Stáisiún Uí Chonghaile....

amayi
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Re: residence or work permit or nothing

Post by amayi » Fri Apr 04, 2014 11:03 pm

Apologies, just irritated by so much negativity and obfuscation.

MPH80
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Re: residence or work permit or nothing

Post by MPH80 » Sat Apr 05, 2014 2:51 am

I am not sure what else you expect. We have offered you the realistic options:

1) return to the Philippines ... apply for a spouse visa ... return. The overstay alone will not count against her - although if your child was born after she became an overstayer - you may wish to check there is no outstanding bill from the NHS.

2) Apple under FLR(FP) to see if you can get leave outside the rules. Long shot - but might work.

But your idea of renewing the work permit won't fly now.

M.

vinny
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Re: residence or work permit or nothing

Post by vinny » Sat Apr 05, 2014 2:58 am

She probably had a domestic visa, right?

When did she first apply for it and when did it expire?
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anniecc
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Re: residence or work permit or nothing

Post by anniecc » Tue Apr 08, 2014 3:22 pm

I find this rather unsavoury. You say that she came to work for you, but then that she's your wife. Which is it?

If she really is your wife then surely you want her to have a legal right to be in the UK. At the moment she's an illegal overstayer. You don't appear to appreciate that. The language you use in your post also concerns me: 'I don't intend for her to work again'. What about what she wants, isn't she an independent adult?

What's your own immigration status - are you British?

amayi
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Re: residence or work permit or nothing

Post by amayi » Tue Apr 22, 2014 1:55 pm

lol anniecc

UPDATE: We've a Solicitor now, who is proposing some kind of appeal (saying I didn't know what I was doing (when I didn't renew my wife's work-permit) - fair point!), with a fallback plan of my wife (and child) having to apply from the Philippines.

However, we've friends who are just applying from the Philippines. They suggest we're wasting time / money on such a long-shot.

QUESTION: If our plan-A fails, wont it prejudice our plan-B ??

Wanderer
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Re: residence or work permit or nothing

Post by Wanderer » Tue Apr 22, 2014 2:01 pm

I would say your solicitor is a bit numb, since I'm sure the fundamental tenet of English Law is ignorance is no defence, however who knows nowadays in these tree-hugging 'that's abuse and against my human rights and stuff' days...

I can't see plan A affecting plan B, other than costing and leaving everything in limbo for longer....
An chéad stad eile Stáisiún Uí Chonghaile....

amayi
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Re: residence or work permit or nothing

Post by amayi » Tue Apr 22, 2014 2:19 pm

Thanks Wanderer, I may have done our Solicitor an injustice. The basis for asking for an exception maybe more to do with us being settled, and not a burden on the country etc etc.

If our Sol is just earning extra dosh (sols got bills too), that's ok, as long as there's no long-term fall-out for us, and who knows!

amayi
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How to deal with my Solicitor

Post by amayi » Tue Jul 15, 2014 3:34 pm

Hello, I'm looking for advice about dealing with Solicitors please.

The story ...
I first contacted the solicitors DS on 10th March 2014 as my (12 months overstayer) wifes application for UK residency had been refused due to us not completing the form correctly.

After a few telephone conversations I made an appointment with the Solicitor Mrs L for 16th April.

During this our first meeting we setup an account, agreed to go for an out-of-time request via form FLR(FP) I think, and were given a list of documentation to send.

On 28th May we received a letter from Capita advising us to make arrangements for my wife to leave the UK.

I called them the next day to explain that our Solicitor was handling this. They requested a Letter of Authority and a Post-Office tracking number when the application was submitted.

We made a second appointment with Mrs L to discuse this. At this meeting I agreed to transfer £1,000 to progress things (the application fee being £601).

I arranged a bank-loan and transfered this amount

On the 5th June we received two statements from Mrs L. (One on behalf of my wife and one on my behalf), which we signed and posted back the same day. Also I emailed a scan of them both.

On 06 June I received an email acknowledging receipt of the documents, a request for any-more family photos, and a request for a further £1,901 for further substantial work to be carried-out now Capita were involved.

I called and explained that I wasn't Rich and after some negotiations agreed to transfer a further £601 for the application fee, and £200 per month from 02 August.

On 02 July (my next pay-day) I transfered the £601 and send an email to L to let her know.

On 06 July we got another letter from Capita saying they had not heared any more about our application. And we should do so immediatly to avoid deportation.

I called L and she said the would email them and cc me.

On 15 July, having not received an email, I called Capita and they explained that my wifes case had been transfered back to the Home Office for further action...

IN SUMMARY
Since March 2014 We've paid £1600 for two A4 statements (about how difficult it will be to seperate my wife, our baby daughter, and me If she has to apply from the Philipinnes).
My solicitor wont answer my calls, and I guess has not sent in the form.
Capita/The home office won't just make threats indefinately

I'm worried sick, not knowing whats going on, so any advise please

Richard

amayi
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apply from abroad

Post by amayi » Sat Jul 19, 2014 6:05 am

Greetings. Quick question, if my 12 months overstayed wife returns to the Philippines and applies from there (as HO recommends). How long is she likely to have to wait?

SoHopeful
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Re: apply from abroad

Post by SoHopeful » Sat Jul 19, 2014 9:06 am

I assumw you mean she will be applying for a spouse visa?
Current processing times in the Phillipines is 90 days for settlement visas.
https://visa-processingtimes.homeoffice ... -visas/all

Rayking
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Re: apply from abroad

Post by Rayking » Sat Jul 19, 2014 1:07 pm

So people can deliberately make their partner to overstay their visa?incredible
This forum helps ppl out on immigration stuffs not how to deal with solicitors, if you had listen to what people said initially that could have been avoided. You then came back to the same ppl to advise you again ?

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Casa
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Re: apply from abroad

Post by Casa » Sat Jul 19, 2014 2:16 pm

Is your solicitor registered with the Law Society or an OISC registered Immigration Advisor?
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

amayi
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Re: apply from abroad

Post by amayi » Mon Jul 28, 2014 4:54 pm

Rayking wrote:So people can deliberately make their partner to overstay their visa?incredible
This forum helps ppl out on immigration stuffs not how to deal with solicitors, if you had listen to what people said initially that could have been avoided. You then came back to the same ppl to advise you again ?
guess i need a new login huh?

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