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i believe she overstayed and became an illegal.Wanderer wrote:ILR? Should have been FLR first? On what basic was ILR applied for? What was the visa status of the Chinese girl?
She should go back to China on her own accord, ie she pays for the flight back and doesn't wait to be deported. It will look better for her if she did that than went at the taxpayers expense. Then apply for spouse visa from China.UK2009London wrote:
i believe she overstayed and became an illegal.
I doubt her case has strengthened given that she overstayed though.
Let me know if you have any idea what procedure he should adopt to try get her back here in the future.
thx
No human rights are breached so that won't get very far.Obie wrote:Firstly, she can apply under a Court ruling called Chikwamba Ruling, due to mitigating circumstance (ie the child), who has the right to both parents in his/her life. She can invoke rule 246 in her favour too, if home office attempts to deport her. The husband could fight that his access to his child which is preserved in Article 8 could be hampered.
Hi meats,meats wrote:No human rights are breached so that won't get very far.Obie wrote:Firstly, she can apply under a Court ruling called Chikwamba Ruling, due to mitigating circumstance (ie the child), who has the right to both parents in his/her life. She can invoke rule 246 in her favour too, if home office attempts to deport her. The husband could fight that his access to his child which is preserved in Article 8 could be hampered.
No it wouldn't because the HO can say that there is nothing stopping them from living in China with the kid being as young as it is. If she does stay here then she might be lumped with a bill for giving birth here assuming that she used the NHS whilst in the country illegally.navbulls wrote:Hi meats,meats wrote:No human rights are breached so that won't get very far.Obie wrote:Firstly, she can apply under a Court ruling called Chikwamba Ruling, due to mitigating circumstance (ie the child), who has the right to both parents in his/her life. She can invoke rule 246 in her favour too, if home office attempts to deport her. The husband could fight that his access to his child which is preserved in Article 8 could be hampered.
Well Obie is correct with his above statement... If the child stays in the uk with his father then it would be very difficult for HO to deport the mother ( Article 8 )
They can't void the marriage no but if they didn't apply for a COA then i'm not sure that they would recognise the marriage. I'm not 100% sure about that but someone will confirm whether that's the case or not. Assuming that the marriage is considered legal according to the HO then the easiest way for her to become legal in the UK would be for her to go back to China and apply for spouse visa from there. As she has been here illegally she can't apply for ILR.UK2009London wrote:but would the HO void the marriage given that it did not authorise a COA?
I will tell my brother to seek legal advise asap and ask about the 'Chikwamba Ruling'.
Sounds like you should be reporting her to the police.UK2009London wrote:thanks for the help so far.
One more thing we just found out about this chinese girl. She came to london via hong kong and says she gave her real passport to someone at the airport whilst in transit. We have no idea what has happened with her real passport.
Can she still make an outward journey back to china on her own accord?
Meat there was a Eurpoean court ruling which states that the UK cannot interfere with right of a child to access to both of his/her parents.meats wrote:
No it wouldn't because the HO can say that there is nothing stopping them from living in China with the kid being as young as it is. If she does stay here then she might be lumped with a bill for giving birth here assuming that she used the NHS whilst in the country illegally.
You must remember that common sense and the HO don't go hand in hand.
Cheers Obie!Obie wrote:Meat there was a Eurpoean court ruling which states that the UK cannot interfere with right of a child to access to both of his/her parents.meats wrote:
No it wouldn't because the HO can say that there is nothing stopping them from living in China with the kid being as young as it is. If she does stay here then she might be lumped with a bill for giving birth here assuming that she used the NHS whilst in the country illegally.
You must remember that common sense and the HO don't go hand in hand.
If one of the parent and the Child has a valid right to be in the UK, then the Non-EEA parent with the right of access, would be allowed into the UK too.
It is Rule 246 of the Immigration rule.
Navball is perfectly right.
If you read this, you will understand what i was implying.
OP, i think you will need to live you brother to make his decisions and mistakes and to learn form it. If you attempt to seperate them, you will just make their bond stronger.