Visa Declined, Help required
Discussion
Hi,
My girlfriend of 5 years is Russian. She has been in the UK for 18 years and needs to renew her Visa every 3 years. She has 4 children aged from 6 to 15, born in the UK. Her Ex husband is Japanese, so not a UK citizen.
Her visa (Biometric Residence Permit) was due to expire on the 4th of May, she applied for renewal on the 3rd and completed the application a couple days later by uploading paperwork.
The Home Office have declined to renew her visa and don't offer an appeal process. She has to leave the country immediatly, or make a different application for a appropriate visa. The reason for declining is she didn't have a valid visa at time of completion of paperwork.
I know she left it too late and it is a discussion we have had, but for the sake of a couple days, you would of hoped they would allow it.
Has anyone any experience with this sort of issue, or any advice on a suitable next step?
My girlfriend of 5 years is Russian. She has been in the UK for 18 years and needs to renew her Visa every 3 years. She has 4 children aged from 6 to 15, born in the UK. Her Ex husband is Japanese, so not a UK citizen.
Her visa (Biometric Residence Permit) was due to expire on the 4th of May, she applied for renewal on the 3rd and completed the application a couple days later by uploading paperwork.
The Home Office have declined to renew her visa and don't offer an appeal process. She has to leave the country immediatly, or make a different application for a appropriate visa. The reason for declining is she didn't have a valid visa at time of completion of paperwork.
I know she left it too late and it is a discussion we have had, but for the sake of a couple days, you would of hoped they would allow it.
Has anyone any experience with this sort of issue, or any advice on a suitable next step?
I had an almost identical post 8 years ago. The person who actually got it fully sorted was the local MP after a face to face surgery meeting. I then realised they have giant powers in the clogs that turn in these processes. I feel your pain and wish the best for you.
Edited by Petrus1983 on Friday 31st May 17:16
A bit late now, but if she's been here for 18 years, why didn't she apply for indefinite leave to remain after 5 years, especially with UK born children? If/when this is sorted, she really should, and once that's granted, she can wait 12 months then apply for British citizenship under the residency eligibility criteria.
https://www.gov.uk/apply-citizenship-indefinite-le...
Another angle these days might be to claim asylum if she's a critic of Putin, it doesn't seem to matter if you're an oligarch or an ordinary person, nobody seems to be safe of they say a word against him!
Anyway, hope you get it sorted one way or the other.
https://www.gov.uk/apply-citizenship-indefinite-le...
Another angle these days might be to claim asylum if she's a critic of Putin, it doesn't seem to matter if you're an oligarch or an ordinary person, nobody seems to be safe of they say a word against him!
Anyway, hope you get it sorted one way or the other.
wargriff said:
Thank you for replies, I am going to see MP on Tuesday, hopefully they are able to assist. If this fails I will contact the solicitor mentioned.
Yes - I was going to suggest your MP (although bad timing as they probably have a bit on at the moment).My wife is Russian . . . we were married 25 years ago, in Russia. After she came to the UK making her spousal visa permanent was dragging on for months. . . so I went to see our (then) MP , Oliver Letwin.
He tut-tutted after I told my tale of woe, called through to his secretary ”Cynthia, get me the hotline at the Home Office”, kicked a little ass there, was put on hold for a few minutes, said ”thank you” and put the phone down. Visa came Special Delivery next morning.
Also, maybe consider a backup plan - what’s the chance of getting a temporary visa to Ireland for example, in a worst case scenario, to re-enter from there when resolved?
Despite the above, it's my expereince and those of other that most MPs are pointless with immigration stuff (and this is something that has changed fairly recently, so >5 year old anecdotes "don't count" - an awful lot was centralised around then in Sheffield of all places cause why not). Go straight to a lawyer. I wouldn't personally rate IAS at something "difficult" like this.
Am pretty confident from the experiences of others if she has a few kids here she'll be able to stay on human rights grounds but she may well end up on the 10 year ILR route again, be prepared for that...
Am pretty confident from the experiences of others if she has a few kids here she'll be able to stay on human rights grounds but she may well end up on the 10 year ILR route again, be prepared for that...
Edited by Somewhatfoolish on Saturday 1st June 22:37
Having previously experienced the joys of The Home Office, (my Wife is Chinese), I can state with authority that the Home Office are generally complete and utter b
ds to deal with.
We used a solicitors firm down in Birmingham who specialised in immigration matters. I can’t remember what they were called, but I’ll ask the Wife when she gets back home and see if she remembers.
Good luck OP.
ds to deal with.We used a solicitors firm down in Birmingham who specialised in immigration matters. I can’t remember what they were called, but I’ll ask the Wife when she gets back home and see if she remembers.
Good luck OP.
croyde said:
I'm utterly gobsmacked that this can happen.
Oh it can be much worse than that. People without experience have no idea how cruel and arbitrary the immigration system is. There are loads of kids growing up in this country without a parent because of it, it's not an unusual thing at all - but the fact she is here should help as it's a totally different thing to deport versus refuse to admit.And yet we have record immigration numbers.
And f
k all birth rate and no housing being built.The first step to solving this is July 4th.
As the OP says, she has been invited to re-apply. The HO are making this a simple case of more money to the coffers, and these cases are hard to get overturned as yes, she did file incorrectly....but they are saying just do it properly now.
The HO were doing this (refusing applications where say one bank statement was missing)to the point the government has ordered them not to be so hard in cases where basic errors are made.
But this nation always has been the most tick box mentality of them all, and she ticked the box late.
If the fees are not too high, it might be best to re-apply and be done with it.
The HO were doing this (refusing applications where say one bank statement was missing)to the point the government has ordered them not to be so hard in cases where basic errors are made.
But this nation always has been the most tick box mentality of them all, and she ticked the box late.
If the fees are not too high, it might be best to re-apply and be done with it.
Octoposse said:
wargriff said:
Thank you for replies, I am going to see MP on Tuesday, hopefully they are able to assist. If this fails I will contact the solicitor mentioned.
Yes - I was going to suggest your MP (although bad timing as they probably have a bit on at the moment).Somewhatfoolish said:
croyde said:
I'm utterly gobsmacked that this can happen.
Oh it can be much worse than that. People without experience have no idea how cruel and arbitrary the immigration system is. There are loads of kids growing up in this country without a parent because of it, it's not an unusual thing at all - but the fact she is here should help as it's a totally different thing to deport versus refuse to admit.And yet we have record immigration numbers.
And f
k all birth rate and no housing being built.The first step to solving this is July 4th.
Think of border control and how strict it is to enter the country - either your passport is valid or it is not. And when you get questioned as you show your passport you keep it strict and serious, no joking around.
In this case, this is an awful situation to have put yourselves in. Hopefully the MP route has some traction. I think with the other past posters who have had success, it maybe that the MP had some connection/good relationship with someone in the Home Office which has helped expedite this but it is still the best shot because this is the only way a human can override the system.
Somewhatfoolish said:
croyde said:
I'm utterly gobsmacked that this can happen.
Oh it can be much worse than that. People without experience have no idea how cruel and arbitrary the immigration system is. There are loads of kids growing up in this country without a parent because of it, it's not an unusual thing at all - but the fact she is here should help as it's a totally different thing to deport versus refuse to admit.And yet we have record immigration numbers.
And f
k all birth rate and no housing being built.The first step to solving this is July 4th.
On contacting your MP, it is definitely worth a go. My wife was waiting for her (spouse) visa to join us and 7 months had passed without a word from the HO. Only after 6 months could you complain. (In all this time she had to go back to Asia to wait for the decision, being married to me and we having a kid made no difference to that)
I contacted my MP and within a day of doing so a courier arrived at her place in Asia with her visa. No letter, nothing - just her passport and visa.
I did during our wait hear of many being refused for, as the OP, filing late or incorrectly. While an MP can embarrass the HO into action as it appears he did with us, an incorrectly filed application (but being offered to re-file) is trickier. Nothing to lose though by asking the MP to request lenience on the fee.
We spent many sleepless nights going over the application time and time and time again - simply because on practically every page of the application it says 'any error matey, and you are done for with no refund given'.
You do actually sign to that (not that you have a choice).
I contacted my MP and within a day of doing so a courier arrived at her place in Asia with her visa. No letter, nothing - just her passport and visa.
I did during our wait hear of many being refused for, as the OP, filing late or incorrectly. While an MP can embarrass the HO into action as it appears he did with us, an incorrectly filed application (but being offered to re-file) is trickier. Nothing to lose though by asking the MP to request lenience on the fee.
We spent many sleepless nights going over the application time and time and time again - simply because on practically every page of the application it says 'any error matey, and you are done for with no refund given'.
You do actually sign to that (not that you have a choice).
- An excellent place to get advice and read of how others may have dealt with the exact same issue is www.immigrationboards.com
Edited by jondude on Sunday 2nd June 13:31
Edited by jondude on Sunday 2nd June 13:32
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