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  1. #31
    Moderator joebloggs's Avatar
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    well that's because they, like we are in the EU and the phils is not

    but until we exit the EU there is not much we can do
    http://www.filipinouk.com/forum/image.php?type=sigpic&userid=870&dateline=1270312908


  2. #32
    Respected Member tiger31's Avatar
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    Quote Originally Posted by fred View Post
    A person that was born in the UK that marries a girl of another nationality has problem getting his wife a spouse visa to the UK and yet another person from an eu country like Bulgaria,Poland or Romania with no direct connection to the UK can simply walk in and be entitled to benefits??.. What a bunch of mugs we are!!
    well said brother


  3. #33
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    Quote Originally Posted by fred View Post
    A person that was born in the UK that marries a girl of another nationality has problem getting his wife a spouse visa to the UK and yet another person from an eu country like Bulgaria,Poland or Romania with no direct connection to the UK can simply walk in and be entitled to benefits??.. What a bunch of mugs we are!!
    Exactly, and that's why WE in particular get wound up about it.

    I voted NO to the Common Market in the first place, and whatever it has called itself since taking over the running of our country.


  4. #34
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    Quote Originally Posted by joebloggs View Post

    once your here people will waste money making visa apps that are bound to fail, wasting money on solicitors and court time when its almost certain their visa application or appeal will fail. they lost an appeal its time they played by the rules or it will encourage more people to do the same thing.

    we don't actually know why she was refused or her appeal was refused but i think its because of pera and no entry clearance
    Yeah the reason for refusal isn't clear.

    I know of two Fiipinas who were originally here as students, who married and successfully got the spouse visa. When they married their partners, their student visa had expired

    First one, married few months after her visa had expired, initially failed to get her spouse visa but won on appeal some months later.

    The other married nearly a year after her student visa expired. Bit more complicated as in that year she was a victim of a visa scam where she was promised some other visa. Home office knew of the case too. Anyway within a few months of getting married she got her spouse visa.

    In both cases the guys (sponsors) met the requirement of earnings, so as mentioned before, maybe that's the reason.
    There are obstacles that make things hard, but if these are met then there shouldn't be much of a problem in my observations......


  5. #35
    Moderator joebloggs's Avatar
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    Quote Originally Posted by HACHE View Post
    Yeah the reason for refusal isn't clear.

    I know of two Fiipinas who were originally here as students, who married and successfully got the spouse visa. When they married their partners, their student visas had expired

    First one, married a few months after her visa had expired, initially failed to get her spouse visa but won on appeal some months later.

    The other married nearly a year after her student visa expired. Bit more complicated as in that year she was a victim of a visa scam where she was promised some other visa. Home office knew of the case too. Anyway within a few months of getting married she got her spouse visa.

    In both cases the guys (sponsors) met the requirement of earnings, so as mentioned before, maybe that's the reason.

    There are obstacles that make things hard, but if these are met then there shouldn't be much of a problem in my observations......
    How long ago was these 2 cases ?

    There have been some changes recently, as always, I'm sure if your visa has expired now and you make an new application for a visa, as your visa has expired you don't have 'leave to remain' if you don't have leave to remain you have no right to appeal, not unless she made an application for FLR before her student visa expired.

    The thing is it says she is working full time, and her student visa has expired, no mention of any other visa, so I wonder if she has the right to be working, especially full-time
    http://www.filipinouk.com/forum/image.php?type=sigpic&userid=870&dateline=1270312908


  6. #36
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    Quote Originally Posted by joebloggs View Post
    How long ago was these 2 cases ?

    There have been some changes recently, as always, I'm sure if your visa has expired now and you make an new application for a visa, as your visa has expired you don't have 'leave to remain' if you don't have leave to remain you have no right to appeal, not unless she made an application for FLR before her student visa expired.

    The thing is it says she is working full time, and her student visa has expired, no mention of any other visa, so I wonder if she has the right to be working, especially full-time
    The First one was Married n November 2012, her college had shut june. the UKBA had sent her a letter informing her she had 60days to either leave or find another course and apply for new student visa. She actually visited friends in Germany in this 60-day period ( after the letter had been sent) and on re-entry they initially refused to let her back in...however she had changed address and as the UKBA sent that letter to the old address my mistake they allowed her back in.
    The second lady got married August last year, and within a few months got her spouse visa.

    I always understood that once a college shut or the course ended the students visa (leave to remain or whatever) would expire after 60 days and they'd become overstayers, illegally here. However, it seems from my GFs experience the 60 days doesn't start until they receive official notice from the Home office stating such...


  7. #37
    Moderator joebloggs's Avatar
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    http://www.ukimmigrationbarristers.c...-prolong-stay/

    I think in this case it looks like he doesn't meet the financial requirement , not enough info thou, but if her visa had expired before she applied for FLR then she should go back
    http://www.filipinouk.com/forum/image.php?type=sigpic&userid=870&dateline=1270312908


  8. #38
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    A Home Office spokesman said: “The decision to refuse the application was made in line with the immigration rules and has been upheld by an independent immigration judge.

    “The Home Office considers each application to remain in the UK on its individual merits and according to the evidence provided.”

    That says it all doesn't it? End of.
    "What if this is as good as it gets?"


  9. #39
    Moderator joebloggs's Avatar
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    ‘It feels like a lead weight has been lifted’ - Norfolk couple win two-year immigration battle to stay in UK
    http://www.edp24.co.uk/news/it_feels...n_uk_1_3776867
    http://www.filipinouk.com/forum/image.php?type=sigpic&userid=870&dateline=1270312908


  10. #40
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    Good for them.


  11. #41
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    Still not clear on the visa refusal and initial appeal failure.

    Does anyone know the basis of this turnaround ?

    I'm very glad they won the battle whatever the details


  12. #42
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    For FLR both incomes should be allowed


  13. #43
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    Forty-five-year-old Arlene, who works full time at a care home in Hemsby, moved to the UK from the Philippines in 2009.

    She arrived on a student visa,studying health and social care, and a year later fell in love with a neighbour, Stephen, and the couple married in 2012.

    As her student visa expired, Arlene applied for leave to remain - the common route for foreign nationals who marry British citizens.
    http://www.greatyarmouthmercury.co.u...ttle_1_3344441

    working full time on a student visa
    in the name of fairness, she should have gone back, some people on here are struggling because of the minimum financial requirement
    http://www.filipinouk.com/forum/image.php?type=sigpic&userid=870&dateline=1270312908


  14. #44
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    Quote Originally Posted by joebloggs View Post
    http://www.greatyarmouthmercury.co.u...ttle_1_3344441

    working full time on a student visa
    in the name of fairness, she should have gone back, some people on here are struggling because of the minimum financial requirement
    I know what you think joe, but it depends how you read and interpret that uninformed media report.

    Those pieces you've highlighted do not refer to any single timeline.

    At the time of writing that article she was working full time. Doesn't mean she was working full time when she arrived.

    As her student visa expired she applied for FLR
    That's what everyone does.....applies for a new visa as the old one expires.

    I just think there's more to this story. It's the only one that the Home Office has 'lost' when immigration rules have been broken in the way that report seems to suggest.

    There could be a valuable precedent and case law involved here. Maybe something to help lots of others

    Just my view


  15. #45
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    Yes indeed. The press never let the facts get in the way of a good story.


  16. #46
    Moderator joebloggs's Avatar
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    how can she work full time at the time of writing the article?, she was in the uk on a student visa.

    As her student visa expired, Arlene applied for leave to remain
    did she apply b4 or after it expired,,,

    the above doesn't matter anyway Peter, they didn't meet the financial requirement , just as some on here are struggling to, so how is it fair on those who have been refused or cant apply
    http://www.filipinouk.com/forum/image.php?type=sigpic&userid=870&dateline=1270312908


  17. #47
    Moderator joebloggs's Avatar
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    oops a bit didn't get posted,

    your right about being more to the story (as always) , many reporters probably know little or nothing about immigration rules, and miss out important information.

    I'm sure there are other similar cases where they were granted their visa (the missionary story) where they didn't meet the minimum financial requirement but in the end were granted their visa, i think all the ones i can remember they were already in the uk thou, so its a bit unfair for those who are not who are being refused or cant apply
    http://www.filipinouk.com/forum/image.php?type=sigpic&userid=870&dateline=1270312908


  18. #48
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    Quote Originally Posted by joebloggs View Post
    how can she work full time at the time of writing the article?, she was in the uk on a student visa.

    did she apply b4 or after it expired,,,

    the above doesn't matter anyway Peter, they didn't meet the financial requirement , just as some on here are struggling to, so how is it fair on those who have been refused or cant apply
    So what 'key' allowed them to remain legally now after court ?
    I'm just wondering if there's an important legal argument that can be used when others fall foul of the financial requirement at FLR


  19. #49
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    If they do right things from the beginning then they shouldn't encountered this kind of consequences. Sometimes people like to do thing short cuts.most of the members here followed the rules, why can't they? I don't give my sympathy to these people thinking what we been thru all the process to live here legally.


  20. #50
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    Fair point Jane.

    That's why some of us rant and rave about illegals all the time.


  21. #51
    Moderator joebloggs's Avatar
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    Quote Originally Posted by Terpe View Post
    So what 'key' allowed them to remain legally now after court ?
    I'm just wondering if there's an important legal argument that can be used when others fall foul of the financial requirement at FLR
    right to a family life ?
    http://www.filipinouk.com/forum/image.php?type=sigpic&userid=870&dateline=1270312908


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