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(UK) spouse visa and exemptions - Know your rights.

(UK) spouse visa and exemptions - Know your rights.

Old Aug 2nd 2014, 3:39 pm
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Default Re: (UK) spouse visa and exemptions - Know your rights.

Originally Posted by spouse of scouse
Maybe i should break both of my legs and claim disability? just to get the spouse visa for my wife, oh god... its tempting......

Nah, wouldn't work. Your broken legs would heal and then you'd be back to square one
Do'h!
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Old Aug 3rd 2014, 9:27 pm
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Default Re: (UK) spouse visa and exemptions - Know your rights.

My wife was talking to me about this just yesterday that the home office surely cannot take her out of the UK, away from our 4 year old, or take our 4 year old our of primary school here.
There must be a way for her to remain in the UK with her British child and British husband.

We did think about contacting our local MP.
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Old Aug 4th 2014, 1:05 am
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Default Re: (UK) spouse visa and exemptions - Know your rights.

Originally Posted by alfista1
My wife was talking to me about this just yesterday that the home office surely cannot take her out of the UK, away from our 4 year old, or take our 4 year old our of primary school here.
There must be a way for her to remain in the UK with her British child and British husband.

We did think about contacting our local MP.
What visa is she on?

You know if a foreigner woman has a child and is married to a British guy, (she has higher rights than before) and it can be VERY difficult to remove her form UK,

Yes she might overstay be illegal, but if you play your cards right no wayin hell they can remove her under the human rights act or 'the right to a FAMILY LIFE'

Remember... the child is British would they dare remove the child's mother?

it's very questionable.

Same story happened recently, wife came to UK on family visit visa, and overstayed on purposed..... she hid her passport for 1 year and now she has a 2 year LEGAL stamp in her passport (after the husband fight for her)

Makes my blood boil, but the fact 'family is involved' changes things.
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Old Aug 4th 2014, 9:20 am
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Default Re: (UK) spouse visa and exemptions - Know your rights.

Originally Posted by Vexcore
What visa is she on?

You know if a foreigner woman has a child and is married to a British guy, (she has higher rights than before) and it can be VERY difficult to remove her form UK,

Yes she might overstay be illegal, but if you play your cards right no wayin hell they can remove her under the human rights act or 'the right to a FAMILY LIFE'

Remember... the child is British would they dare remove the child's mother?

it's very questionable.

Same story happened recently, wife came to UK on family visit visa, and overstayed on purposed..... she hid her passport for 1 year and now she has a 2 year LEGAL stamp in her passport (after the husband fight for her)

Makes my blood boil, but the fact 'family is involved' changes things.
Yes she has the 6 month tourist stamp in her passport.
It is making our blood boil also.

Where do we start and who do we go to to fight for her to stay with our British 4 year old? Our son will be in British education the start of September!

Will they remove the mother? Will they ban her for 10 years if she overstays the 6 months??? (we just can't believe this will happen being married and having a British child)

Where is the story you are referring to?

(also we are not on any kind of benefits whatsoever. the only resource I am using is the NHS)

WE HAVE OUR TENANTS AGREEMENT, COUNCIL TAX AND CAR INSURANCE UNDER BOTH OUR NAMES NOW!

I assume this is what I need to be looking into?
Article 8 of ECHR: Right of Private & Family life

Last edited by alfista1; Aug 4th 2014 at 9:33 am.
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Old Aug 4th 2014, 9:30 am
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Default Re: (UK) spouse visa and exemptions - Know your rights.

Originally Posted by alfista1
Yes she has the 6 month tourist stamp in her passport.
It is making our blood boil also.

Where do we start and who do we go to to fight for her to stay with our British 4 year old? Our son will be in British education the start of September!

Will they remove the mother? Will they ban her for 10 years if she overstays the 6 months??? (we just can't believe this will happen being married and having a British child)

Where is the story you are referring to?
That story, was on the daily mail, few weeks back.

There is a new one on the DM now this time an Australian wife, and she is allowed to stay.


like i said man play yer cards rights! i'll be heading back to UK this sept with my wife who is Chinese and my boy (wife will apply Family visit Visa 2 years but only allowed to stay in UK 6 months at a time. (pathetic)

You might want to start mithering them at the 'HOME OFFICE' first then to your local MP, if your wife even thinks to attempt to 'OVERSTAY' you best hide her passport.... (but this is not advice im giving you m8)

I feel for you i really do.......

Still i think it is utterly disgusting how people from Europe can come to Britain willy nilly, but our partners can’t even come here without us and them having to jumping through loops and us meeting unrealistic financial requirements. Europeans don’t have to speak English, they don’t have to have a penny to their names, and they don’t even have to apply for a visa ! Not to mention how the government is allowing them to claim benefits paid for by BRITISH HARDWORKING taxes and are relentlessly giving them free use of the NHS that they have contributed nothing to! Oh yes they will provide the freeloading Europeans with houses and benefits paid for by BRITISH taxes, but we British Nationals can’t bring our partners into the country to live with us and have a family life ! (because we're british') ???? PATHETIC

They won’t let my chinese wife in easily like they do these freeloading Europeans, who are flooding into Britain. (enough is enough)

Now excuse me, this is MY country and how dare they make it harder for us and everyone in the same boat on britishexpats to bring in our loved ones here... this farce/scheme NEEDS TO BE STOPPED and we should have highest priority IN UK AS THIS IS OUR COUNTRY FOR GODS SAKE.

Jesus i needed to 'vent somewhere'

sorry m8
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Old Aug 4th 2014, 9:50 am
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Default Re: (UK) spouse visa and exemptions - Know your rights.

Originally Posted by Vexcore
That story, was on the daily mail, few weeks back.

There is a new one on the DM now this time an Australian wife, and she is allowed to stay.


like i said man play yer cards rights! i'll be heading back to UK this sept with my wife who is Chinese and my boy (wife will apply Family visit Visa 2 years but only allowed to stay in UK 6 months at a time. (pathetic)

You might want to start mithering them at the 'HOME OFFICE' first then to your local MP, if your wife even thinks to attempt to 'OVERSTAY' you best hide her passport.... (but this is not advice im giving you m8)

I feel for you i really do.......

Still i think it is utterly disgusting how people from Europe can come to Britain willy nilly, but our partners can’t even come here without us and them having to jumping through loops and us meeting unrealistic financial requirements. Europeans don’t have to speak English, they don’t have to have a penny to their names, and they don’t even have to apply for a visa ! Not to mention how the government is allowing them to claim benefits paid for by BRITISH HARDWORKING taxes and are relentlessly giving them free use of the NHS that they have contributed nothing to! Oh yes they will provide the freeloading Europeans with houses and benefits paid for by BRITISH taxes, but we British Nationals can’t bring our partners into the country to live with us and have a family life ! (because we're british') ???? PATHETIC

They won’t let my chinese wife in easily like they do these freeloading Europeans, who are flooding into Britain. (enough is enough)

Now excuse me, this is MY country and how dare they make it harder for us and everyone in the same boat on britishexpats to bring in our loved ones here... this farce/scheme NEEDS TO BE STOPPED and we should have highest priority IN UK AS THIS IS OUR COUNTRY FOR GODS SAKE.

Jesus i needed to 'vent somewhere'

sorry m8
We're in the same boat then. 110% agree. Bring your wife in and fight for her stay.

Establishment of family life can generally be presumed among close relatives where children are involved (although the relationship would still need to be evidenced) whilst in respect of wider family relations and relations between adults, the relationships mentioned above may fall within the scope of family life depending upon the strength of the emotional ties and dependency. In respect of a family unit where one family member faces removal the rights of all the affected family members as a whole must be taken into account.

The Home Office normally uses a five-step criteria (based on the questions to be asked in Article 8 cases set out in the House of Lords case of Razgar) in order to assess whether any removal of an individual to his or her country of origin would amount to a breach of his or her Article 8 human rights:
1.Has the applicant established family or private life in the UK?
2.Will removal interfere with that family life with consequences serious enough to engage Article 8?
3.If there is interference with family life, is it in accordance with the law?
4.Is the interference in pursuit of one of the permissible aims set out under Article 8(2)?
5.Is the interference proportionate to the permissible aim?
NUMBER 2: removal of my wife will have serious consequences as we have a British child in full time education.
NUMBER 1: We have established life even on her tourist stamp. She has her name on our rental agreement and council tax!

So do we first go to an immigration lawyer or the local MP?
Are there lawyers that work for the government and can assist you free?
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Old Aug 4th 2014, 2:36 pm
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Default Re: (UK) spouse visa and exemptions - Know your rights.

I have moved this thread out of the Immigration forum into the Rovers Return. Please note that threads such as this should be posted in the RR forum. Thank you.
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Old Aug 4th 2014, 2:51 pm
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Default Re: (UK) spouse visa and exemptions - Know your rights.

Originally Posted by alfista1
So do we first go to an immigration lawyer or the local MP?
Are there lawyers that work for the government and can assist you free?
Sigh.

I have advised you before to seek legal advice. If you are interested in this approach to your family's settlement in the UK, then it is paramount you seek competent legal counsel.

You aren't going to get any advise worth listening to for free.

PS - Lawyers who work for the government - work for the government. Think about it.
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Old Aug 4th 2014, 3:42 pm
  #24  
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Default Re: (UK) spouse visa and exemptions - Know your rights.

Originally Posted by alfista1
My wife was talking to me about this just yesterday that the home office surely cannot take her out of the UK, away from our 4 year old, or take our 4 year old our of primary school here.
There must be a way for her to remain in the UK with her British child and British husband.

We did think about contacting our local MP.
The problem is that she is an illegal immigrant, and, I'm sorry, but it's currently the number one topic that the British public want sorting out, and the facts only muddy the waters. People not personally involved with the family are not that likely to worry about the personal circumstances.
Please remember that the same thing is happening in other countries as well.
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Old Aug 4th 2014, 3:55 pm
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Default Re: (UK) spouse visa and exemptions - Know your rights.

Originally Posted by mikelincs
The problem is that she is an illegal immigrant, and, I'm sorry, but it's currently the number one topic that the British public want sorting out, and the facts only muddy the waters. People not personally involved with the family are not that likely to worry about the personal circumstances.
Please remember that the same thing is happening in other countries as well.
Same in the US...having a USC child does not give the parent/s the right to live in the US. The child can stay but the parent/s cannot unless they qualify for a visa.
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Old Aug 4th 2014, 4:27 pm
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Default Re: (UK) spouse visa and exemptions - Know your rights.

Originally Posted by mikelincs
The problem is that she is an illegal immigrant, and, I'm sorry, but it's currently the number one topic that the British public want sorting out, and the facts only muddy the waters. People not personally involved with the family are not that likely to worry about the personal circumstances.
Please remember that the same thing is happening in other countries as well.

#Number one priority is stop the thousands of immigrants coming into the UK who have no British spouses or no British children and seek benefits and don't even need to speak English!!!

Not to stop British born and raised citizens from having a family life with their spouses in their OWN country.
Therefore she should not be classed as an illegal immigrant. I refuse to use that phrase for my wife, and mother of our British child who starts full time education here.
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Old Aug 4th 2014, 4:46 pm
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Default Re: (UK) spouse visa and exemptions - Know your rights.

I have advised you before to seek legal advice. If you are interested in this approach to your family's settlement in the UK, then it is paramount you seek competent legal counsel.
I am still looking.
Any suggestions?

I have heard of many false immigration lawyers and people being ripped off.
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Old Aug 4th 2014, 5:12 pm
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Default Re: (UK) spouse visa and exemptions - Know your rights.

Originally Posted by alfista1
I am still looking.
Any suggestions?

I have heard of many false immigration lawyers and people being ripped off.
I sent you a suggestion.
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Old Aug 4th 2014, 5:31 pm
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Default Re: (UK) spouse visa and exemptions - Know your rights.

Originally Posted by rebeccajo
I sent you a suggestion.
I do apologize yes you did. The fees are rather high unfortunately but I will see what they suggest for my case. I have contacted a couple of others also.
I have been rather overwhelmed with job searching recently.
Finally got an interview next week with good chances.

Thank you

Last edited by alfista1; Aug 4th 2014 at 5:33 pm.
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Old Aug 4th 2014, 9:23 pm
  #30  
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Default Re: (UK) spouse visa and exemptions - Know your rights.

Originally Posted by alfista1
#Number one priority is stop the thousands of immigrants coming into the UK who have no British spouses or no British children and seek benefits and don't even need to speak English!!!

Not to stop British born and raised citizens from having a family life with their spouses in their OWN country.
Therefore she should not be classed as an illegal immigrant. I refuse to use that phrase for my wife, and mother of our British child who starts full time education here.
The government is actually trying to do just that, but as we are a member of the EU they are not able to stop people from other EU countries to come to the UK to work, just like people from the UK can go to any other EU country. The UK is now limiting benefits etc being paid to EU, migrants who are not working, moving more into line with most of the other EU countries, however most of the other EU countries do not have a benefit system like the UK, even for their own citizens.
It has already been pointed out to you that most other countries also require people to be legal, and deport those who aren't, even thought they may be the parent of a child citizen of that country, the UK isn't alone in doing this. If you wish to breaak the laws of the country. please do not try to gain sympathy from other members here who may be in a similar position, but are doing things the legal way, such as using the SS route.
The financial requirements are, in my opinion, far too high, but that still doesn't mean I condone law breakers.
Please note that inciting and helping people break the laws of any country is against the rules of BE.
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