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Sorry, this was very unfortunate of you but the law says that you must have applied for an extension before the expiry date of her visa. Normally, "before" means at least 4 weeks.For various reasons we applied on the 2nd of April for LTR as my spouse using form FLR(M), and unfortunately my payment card rejected and I had to resend and this application was processed on the 21st April (31 days late).
Yes, this is legally correct.Hence at the time of the application my wife's LTR had expired. on this basis the application was rejected with no grounds to appeal, and she was told she must leave the country ASAP but with no deadline given.
Buy the tickets, call the LEO, make an appointment with them, give them a copy of the tickets and they will arrange for the passport to be sent to the airport to be collected on departure.1) They have sent her passport to our local enforcement office in Hounslow and this seems to indicate they will issue her with a IS151 and make her leave the country. What are our options to avoid this?
Sorry, but this is universal law. The same could have happened to you in Australia if you did the similar thing there, even worse, as there is an automatic ban from entering Australia afterwards for 3 years. There is no such ban in the UK.It seems crazy to me that we have to fly across the world to make basically the same application and then fly back again just over 1 month talk to up.
Regret this but it is true. Trying to fight this case from here could cost even more and will still end up in her having to leave. It was the responsibility of both of you to be familiar with the Rules and respect them.2) Should we even try to avoid leaving? it will cost us GBP2000 approx to get her to Australia and back assuming she gets a spouse Visa in Canberra, but the risk it that it gets referred to the UK, takes too long and her job isn't open for her when she returns.
Well. she has to leave as soon as possible but she can still work until the last day. The employer should be informed and I am sure they will understand. It is advisable to her to apply for an entry clearance to the UK from now on to avoid being refused entry. It is usually easier to explain the situation to an Entry Clearance Officer at the Embassy than to an Immigration Officer in the airport.As my wife can now not work following the refusal this is costing us money every day.
Yes, you can request for them to be sent there or when she is back, they can send it back to your home here.The IND has also held our marriage certificate and both our payslips sent with the application. Can they do this and when are they likely to give them back? At the airport as well?
The law does not distinguish between intentional or not intentional overstay. If you break the law, you must leave. The same is in Australia, but stricter.These are literally all the facts, it was not a deliberate overstay
I am sure there will be no problem. She may even get her visa within the same day if she explains clearly and confidently what happened.I believe we have a very strong application for my wife to come straight back in (Home owners, both employed and well paid, married and been together 3.5 years).
Due to the fact that Australia is not a visa country, there should not be any queues so I don't think there will be any delay at all on their part unless they have to refer her application to the UK.In addition any experiences of how long applications have taken in Canberra when made in person would be appreciated.
Well, in fact whether they issue her with the IS151A or not won't make much of a difference. The Embassy won't be interested in the IS151A itself. What they will have to be informed about is the fact that she has been in the UK previously and due to unfortunate concatenation of circumstances (credit card error) her application was late and she was asked to leave (there is a question "Have you ever been removed, deported or otherwise asked to leave the UK" - the answer is "yes" and there is a space below to explain). The rest is per the application itself.Jon_H wrote:Anyone? A quick update, we have spoken to the local enforcement office and they have suggested that they might not necessarily issue my wife with an IS151 if she is willing to leave the country of her own accord soon, has anyone else had this happen?
Jon, sorry mate but you still don't really seem to understand the situation fully and no offence, but what you say sounds a bit naive.Jon_H wrote:Update: This evening I received a call from my MP, who I had emailed on Monday and who was out of the country until this evening. He has supported us very strongly and committed to immediately write to the home secretary and the head of the immigration service with a view to halting all proceedings against my wife and to ask the home secretary to review the case.
I shall now await the response, which I am told we should expect in around 4 weeks. Even if this doesn't change anything in the long run it will enable us some time to get our finances in order.
Fingers crossed.
No, the IS151A is handed after she has signed some form of paper. I am not sure exactly what it is but tell her not to sign anything. All she has to say is that the issue has been dealt with the local LEO and has been resolved, full stop. No discussions, no signing, nothing. Technically, I think she can just ignore everything and keep walking without looking back. They have no power to stop her from leaving the country.Jon_H wrote: Would it be the IS151A that they want her to sign?
Don't know mate, sorry.Or an admission that she has overstayed?