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Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2, Administrator
Nothing much I'm afraid. She's technically an overstayer now so she should leave asap before they force her to. She should apply for a spouse visa in SA and provided she can sneak out the UK without drama it should hopefully be a formality. However be warned overstayers are being slaughtered at the moment so you might yourself stuck between a rock and hard place.ryanwins1983 wrote:Hello please could someone give me some advice.
my wife is southafrican and was in the uk on an ancestral visa, we got married and had a child together and when her ancestral visa was coming up to expire we asked citizens advice about how we should proceed, they told us wrongly that we needed to wait for my wifes ancestral visa to expire before we could apply for a spousal leave to remain. we applied about a month after the ancestral visa had expired and today we have recieved a letter saying my wifes application has failed and she needs to leave the country immediately, obviously this is exceedingly stressful and upsetting for the entire family and i just wanted to know if anyone could give us any advice, we have an 8 month old son who has a brittish passport as do i. and i can't see what rights they have to remove my childs mother away from him? is there anything or anyone we can go to?
I think CAB has a disclaimer to thrwart legal liability..John wrote:Hi, have you spoken to the CAB about this? The way their erroneous advice could cost you thousands! Fares to and from SA! Suspect they will have an insurance policy to cover this situation.
This has been shockingly bad advice from the CAB. Not only does it mean she has to go to South Africa to get a spouse visa, it resets the clock for ILR (2 years) and naturalisation (3 years).SYH wrote:I think CAB has a disclaimer to thrwart legal liability..John wrote:Hi, have you spoken to the CAB about this? The way their erroneous advice could cost you thousands! Fares to and from SA! Suspect they will have an insurance policy to cover this situation.
Unfortunately, they do have the right to remove your child's mother because she has no right to remain. Have her go to SA straight away, apply for a spousal visa, explain the circumstances and it should sort itself out. Although, I guess if she was on ancestral visa, she still has some other legal basis to come back to the UK.