Visa Granted! (Limited Leave to Remain as a partner/parent).

[cherize]

Hi, i am in need of professional advice regarding my problem at the moment. Here is my story:

I came here in UK November 2008 on a student visa and decided to renew before my visa run out last October 2010. Unfortunately, after 2 months from the time i lodge my documents, i received a letter from the HO returning back all my documents saying that they couldnt procceed with my application because they couldnt debit the visa fee they needed on my bank account. I am 100% sure that i gave them the correct bank details and i have the sufficient funds in my account to cover up the £357 visa fee. I am gutted at this time, the fact that they never contacted me when they couldnt debit the fee they needed instead i waited for 2 months to hear a response from them.

I decided then to submit again another application January 2011 with the use of a postal order fee this time so there willl be no more excuse from them. To my disgrace, they returned back again my application with a reason this time that i have used an invalid application which is an honest mistake as i never bothered to checked it on the UKBA website the new applic form.

For the 3rd time, i lodge my documents last march 2011, they asked me for biometrics after 1 week from the time i submitted an applic form and i was hopong that my application will be successful by this time. Unfortunately, i received a bad news March 21, 2011 from the HO as they have send me a refusal letter on the grounds that i dont have the sufficient funds in my account for a period of 28 days and that i dont have the right to appeal as my application was not on time. In the first place, its not my fault if as ive waited for 2 months on my first application before hearing a response from them. I even went to the bank and they gave me a letter confirming that HO never made any attempts to debit the visa fee needed.

My bf & i are so confused during this period as we dont know what to do especially that i am 15 wks pregnant and he doesnt want me to go back home. He wants me to give birth here and he believes that the child has a better future here. We then seek advice from solicitors but they gave us different options. We decided to seek assistance from the Citizens Advice, at first they are willing to help. They avised me to make a fresh application as theres no harm to bang in again another application once a strong cover leetter and sufficent evidence are being provided. We paid my course fees at the college until the end of my course, they gave me a new Confirmation of Acceptance of Studies and we continued collecting other evidences during this period. Unfortunately, last week our solicitor phoned us up saying that there are new rules now under Tier 4 visa and there might be a possibility that they will refuse agin my application , so it will just be a waste of money. She suggested then for me to go back home instead and make application there on a spouse visa category.

At the moment we are really confused what to do. My boyfriend and his family wants me to stay here if possible . But i already overstayed my visa which is never my intention. could anyone give us their since advice?
My bf & i are planning to get married since we are having a baby too, but we couldnt even do that as when we had an appointment at the Registry Office, they needed my proof of identity which is my passport but unfortunately my passport is at the Eaton House , a UK border Agency as they never return it back when i got the refusal letter. I phoned them up and explained things to them, and they booked an appointment for me but i am quite afraid to go there as they might detain me and deport back home which i would never like to happen . i have lot of options but i dont know what to follow.
a.) go back home, get married there and apply for spouese visa. But with my overstay here, will it not affect my application? i think its not easy to go back home and come back immediately

b.) get married here, extend my overstay until i give birth and go back home after i had the baby? and make applicarion there so we could come back

c.) stay here under human rights, i am not sure but they say Discretionary leave? as i am havinga baby to a british citizen who is willing to marry me and acknowledging the child? we've been together for a year now. But how long are we going to wait for the decison if we decided to choose this option?

I would appreciate to those people who could give ther advice on this matter. I am looking for solicitors as well who could help but i wanted to make it sure before taking another next step as paying a solicitor will cost me a fortune too .

I am sorry as my story is quite complicated and lond.

Cheers in adavnce!

[Greenie]

what is your nationality?

[mochyn]

Also how old are you?

[Greenie]

Also how old are you?

and how old is your partner?

[cherize]

what is your nationality?

Filipino, i am 25 yrs old and my partner is 31 yrs old.

[Greenie]

According to the Ukvisas website, 98% of settlement applications from the Phillipines are decided within 30 days and 100% within 60 days.

It would therefore probably be quicker and a lot less stressful for you to return home and apply from there - assuming you meet the maintenance and accomodation requirements.

they can't refuse you purely for overstaying if you are applying for a spouse visa.

[cherize]

According to the Ukvisas website, 98% of settlement applications from the Phillipines are decided within 30 days and 100% within 60 days.

It would therefore probably be quicker and a lot less stressful for you to return home and apply from there - assuming you meet the maintenance and accomodation requirements.

they can't refuse you purely for overstaying if you are applying for a spouse visa.

I wouldnt mind going back home, but with my present situation now that i am 6 mos pregnant is not that easy especially my family in the Phillipines dont know whats going on as i havnt told them yet. Besides, my bf and i would prefer to stay and give birth here. If we will apply for discretionary leave, how long will it take? As we are planning to go to Philippines on December once things have been sorted out.

[Greenie]

According to the Ukvisas website, 98% of settlement applications from the Phillipines are decided within 30 days and 100% within 60 days.

It would therefore probably be quicker and a lot less stressful for you to return home and apply from there - assuming you meet the maintenance and accomodation requirements.

they can't refuse you purely for overstaying if you are applying for a spouse visa.

I wouldnt mind going back home, but with my present situation now that i am 6 mos pregnant is not that easy especially my family in the Phillipines dont know whats going on as i havnt told them yet. Besides, my bf and i would prefer to stay and give birth here. If we will apply for discretionary leave, how long will it take? As we are planning to go to Philippines on December once things have been sorted out.

Above you said you were 15 weeks pregnant, now you are 6 months pregnant? Which is the truth?

[Greenie]

My bf & i are so confused during this period as we dont know what to do especially that i am 15 wks pregnant and he doesnt want me to go back home.

[cherize]

My bf & i are so confused during this period as we dont know what to do especially that i am 15 wks pregnant and he doesnt want me to go back home.

To make things clear for you, and if you read it properly i am 15 wks pregnant at that time that my visa has been refused, and now i am 6 months pregnant which is 24 weeks. does that make sense to you?

[Greenie]

My bf & i are so confused during this period as we dont know what to do especially that i am 15 wks pregnant and he doesnt want me to go back home.

To make things clear for you, and if you read it properly i am 15 wks pregnant at that time that my visa has been refused, and now i am 6 months pregnant which is 24 weeks. does that make sense to you?

I can read perfectly well thank you. Your original post was not clear. If you want accurate answers you need to give clear and accurate information.

[cherize]

My bf & i are so confused during this period as we dont know what to do especially that i am 15 wks pregnant and he doesnt want me to go back home.

To make things clear for you, and if you read it properly i am 15 wks pregnant at that time that my visa has been refused, and now i am 6 months pregnant which is 24 weeks. does that make sense to you?

I can read perfectly well thank you. Your original post was not clear. If you want accurate answers you need to give clear and accurate information.

ok, anyway that doesnt matter. As far as i know, i gave a well detailed story on my situation. Much appreciated if you could help.

[VT]

I don't think you should seek advice from CAB as they're not as reliable as Immgration solicitors. I'd advise you to contact IAS who will more than likely be able to assist you further.

[vignette]

If you do not have valid leave for the UK, you are not entitled to use the NHS - so you/your boyfriend would have to pay for the cost of your delivery in the UK.

[cherize]

Hi ive just given birth to a beautiful baby last 11th of September 2011, and we decided to lodge my application on Leave to Remain outside immigration rules, under human Rights, just few weeks after i gave birth. Fingers crossed, and hopefully i will be granted a visa by this time. Thanks guys, for all your sincere advice. xxx

[mochyn]

Hi ive just given birth to a beautiful baby last 11th of September 2011, and we decided to lodge my application on Leave to Remain outside immigration rules, under human Rights, just few weeks after i gave birth. Fingers crossed, and hopefully i will be granted a visa by this time. Thanks guys, for all your sincere advice. xxx

Maligayang pasko!
Have you gone home yet to show baby to lolo, and other members of family?
You could still get married in Philippines and apply for spousal visa, it may be quicker than waiting for discretionary leave to remain.
Happy for you having a lovely healthy baby

[ElenaW]

I hope you paid for your use of the NHS because if the rules change in April, refusals will be likely when the applicants history shows over £1,000 of illegal NHS use. I don't see what human rights are being breeched here. Wouldn't it be easier to just apply for a spousal visa in your home country and get it in a month than applying outside of the rules?

[cherize]

Maligayang pasko!
Have you gone home yet to show baby to lolo, and other members of family?
You could still get married in Philippines and apply for spousal visa, it may be quicker than waiting for discretionary leave to remain.
Happy for you having a lovely healthy baby[/quote]

oh thank you! yes thats our next step once we get the result for my recent application. we havnt gone home yet as we are waiting for the result rather than withdrawing the application.

[cherize]

Maligayang pasko!
Have you gone home yet to show baby to lolo, and other members of family?
You could still get married in Philippines and apply for spousal visa, it may be quicker than waiting for discretionary leave to remain.
Happy for you having a lovely healthy baby[/quote]

oh thank you! yes thats our next step once we get the result for my recent application. we havnt gone home yet as we are waiting for the result rather than withdrawing the application.

[cherize]

I hope you paid for your use of the NHS because if the rules change in April, refusals will be likely when the applicants history shows over £1,000 of illegal NHS use. I don't see what human rights are being breeched here. Wouldn't it be easier to just apply for a spousal visa in your home country and get it in a month than applying outside of the rules?

i do respect your opinion regarding this matter, we decided to apply discretionary leave as thats our last resort during the time that i got only few weeks left before giving birth. I would rather lodge an application rather than staying here illegally. Yes we knew the consequence and duration of this application, it will take a while but its been 2 months already since we lodge it. Fingers crossed and i just want a positive outlook in life now If its unsuccessful then maybe we will go home then and make an application . Human rights are being breached , that i have established a family life here w/ a british citizen. I did not overstay on purpose , its bcause of administartive errors by the home office when i renewed my visa as student originally. And it happened that i was pregnant, so its very hard being in a situation like this. I never went back to work so i had never breach any rules here. About NHS, my bf's parents paid for the fees as we knew i am not entitled to any pub;lic funds here. Anyway thanks for your sincere advice:0

[cherize]

does anyone knows if do i need a biometrics under the FLR(o) ?

[cherize]

hi guys, finally got the visa! limited leave to remain as a partner or parent of child after long months of waiting.

[Casa]

Congratulations!

[Greenie]

Congratulations, but if you'd married and applied for a spouse visa from home before 9 July you would have been able to apply for ilr after two years, now you'll have to make two further applications for limited leave and then a further application for ilr after 10 years instead.

[cherize]

Thanks! yes i know that Greenie but due to circumstances we couldnt get married here as they needed my passport as a proof of identity when we tried at the Registry. So only option left for me to stay here legally is to apply under FLR (O) under Human Rights art 8 and despite the 11 months of waiting and HO abolished that type of application last July 9, i am still glad as they considered my applicatiob through family life. Patience is a virtue as they say! We couldnt return home eitstillher after i gave birth as i am still waiting for the result and dont wana waste money by withdrawing the application. Well as far as i know Greenie and correct fome if i am wrong, i dbefonave to wait for 10 years before getting an ILR as i could always switch my visa once we are married. So hopefully before my visa runs out we will get married.Just one step at a time. at leaat now we can start with our life as a family with no more burden .Thanks for all tge advice.