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Can anyone help please

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K-man
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Can anyone help please

Post by K-man » Thu Jan 29, 2015 4:59 pm

Hi there all,
I'm asking for help, as I really don't know what to do next.
My girlfriend is now in Malaysia, she was repatriated by UKBA as she had overstayed.
As I understand, she is now banned from re-entering the UK, but we have no idea for how long.
Is there a way to find out?

Wanderer
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Posts: 10511
Joined: Thu Apr 21, 2005 12:46 pm
Ireland

Re: Can anyone help please

Post by Wanderer » Thu Jan 29, 2015 5:51 pm

If it was at taxpayers expense it's 10 years I think.
An chéad stad eile Stáisiún Uí Chonghaile....

357mag
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Location: Bulgaria
Bulgaria

Re: Can anyone help please

Post by 357mag » Thu Jan 29, 2015 8:12 pm

You say girlfriend, this could mean just good mates.
Do you think you will be having a permanent relationship with this girl?
I am not a forum GURU, I am often wrong
Dont take any notice of anything I post, I'm getting old and havn't the foggiest what I'm talking about.

K-man
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Joined: Thu Jan 29, 2015 4:42 pm

Re: Can anyone help please

Post by K-man » Thu Jan 29, 2015 8:26 pm

Hi, yes, we'd love to get married, but our situation re immigration has gone sour.
All our fault, no excuses, just made bad choices all the way.
It would just be nice to see some light at the end, if there is a way.
Thanks for your replies

357mag
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Joined: Sat Jun 22, 2013 8:56 pm
Location: Bulgaria
Bulgaria

Re: Can anyone help please

Post by 357mag » Thu Jan 29, 2015 10:02 pm

Its an expensive possibility but you could get married and that will make other things possible.
The ban wont count if you want her to come here under the family reunification route or do a treaty rights route.

I'm in a similar situation, my Filipino girl left last November as an overstayer. We get married in Hong Kong in 4 weeks time then try for a visa for Bulgaria and go live there for a while. Not quite the Surinder Singh route as I will have to rely on case C456/12 and do it as self sufficient. Estimated cost at the mo is £8k

Read this and try to understand it.
http://eur-lex.europa.eu/LexUriServ/Lex ... 123:en:PDF
I am not a forum GURU, I am often wrong
Dont take any notice of anything I post, I'm getting old and havn't the foggiest what I'm talking about.

K-man
Newly Registered
Posts: 12
Joined: Thu Jan 29, 2015 4:42 pm

Re: Can anyone help please

Post by K-man » Fri Jan 30, 2015 10:12 am

Thanks 357mag,
We were going to get married in Malaysia, where she's from, but its a 28day thing, minimum, so Hong Kong looks the way for us too.
Will do some research on the Family reunification route.
Why Bulgaria and not Ireland for the EU treaty route?
Whatever route we try, it'll be slow as funds are tight.

357mag
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Location: Bulgaria
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Re: Can anyone help please

Post by 357mag » Fri Jan 30, 2015 1:35 pm

Hong Kong can be booked online and only needs 2 days there, has the advantage that marriage cert will be in English.
Downfall is the need for apostilles and notary signatures on some docs, beware of that and prepare well.

Was the choice between Bulgaria and Cyprus for us in the end. Cyprus need her ex to give permission for her son to leave Philippines Bulgaria dont seem so fussy but will wait and see when she applies for the visa in March.
The choice of country was to do with cost of living, place in Bulgaria can be very cheap, one we found was 170euro(£146) a month for a 2 bedroom flat. So if we stay there 6 months thats only £900 say double that with utility bills.
As I said our budget is very low, we think it possible on £8k bearing in mind the Hong Kong wedding is now setting us back £1500 because we spend 8 days there and will see the Chinese New Year celebrations.
£454 for my return flight, £150 each for gf plus 2 witnesses from PH, £211 for 8 nights room at backpacker hostel (paying 3x normal rate because its holiday there). £300ish to spend.
Bulgaria or Cyprus could be quick to get a resident certificate doing it as self-sufficient it could be issued in weeks if not days.
Malta was another place we looked at but they seem to take longer for the paperwork.

You can actually buy a semi derelict place in Bulgaria for £3k so maybe we buy and just stay there and spend time renovating.
I am not a forum GURU, I am often wrong
Dont take any notice of anything I post, I'm getting old and havn't the foggiest what I'm talking about.

K-man
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Joined: Thu Jan 29, 2015 4:42 pm

Re: Can anyone help please

Post by K-man » Fri Jan 30, 2015 2:04 pm

That's very interesting. There's so much I don't know.
She just messaged me saying Malaysia offer a quicker marriage for a rm100(£20), and we would stay with her family for the most part, so that's what we'll go for I think.
The family / spouse visa route is tricky for me as I'm semi retired on a low income. A friend offered to give my fiancée a letter with a promise of a job, this should just tip us over the £18,600 required. With this in mind, I spoke to a solicitor who dismissed it saying the UK would reject that as she would be coming over here to work.
With the EU route, I currently own a house and have all my (adult) kids living here, with me, and would have to work out a way to afford the bills in the UK and also living out there.
How does it work being self-sufficient? I can't imagine what work I could get out there. Was there a test case for that?

357mag
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Location: Bulgaria
Bulgaria

Re: Can anyone help please

Post by 357mag » Fri Jan 30, 2015 2:38 pm

for the treaty rights route you need to be working, self-employed, a student or self-sufficient, the last 2 you need to have comprenensive health insurance.
The level of money is not set in stone and varies between states. Bulgaria is easy because they require you to open a bank account and deposit I think its about £600.
There is a case, http://curia.europa.eu/jcms/upload/docs ... 0032en.pdf that now says we can do it as self-sufficent.

With luck you can do it in just over 3 months.

Think you are on low income, I'm on ESA at £112 a week.
I am not a forum GURU, I am often wrong
Dont take any notice of anything I post, I'm getting old and havn't the foggiest what I'm talking about.

K-man
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Joined: Thu Jan 29, 2015 4:42 pm

Re: Can anyone help please

Post by K-man » Sat Jan 31, 2015 2:25 pm

Thanks 357mag, you've given me some hope.
Now I have to get my head around how I can take a three month break from work, and still pay the bills.
I was hoping they would have removed the need to earn £18,600 last year, shame they have to make it so difficult!

Wanderer
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Joined: Thu Apr 21, 2005 12:46 pm
Ireland

Re: Can anyone help please

Post by Wanderer » Sat Jan 31, 2015 2:48 pm

K-man wrote:Thanks 357mag, you've given me some hope.
Now I have to get my head around how I can take a three month break from work, and still pay the bills.
I was hoping they would have removed the need to earn £18,600 last year, shame they have to make it so difficult!
The SS (Treaty Rights) route isn't so straightforward now, you have shift your 'centre of life' to the new EU state, not quite sure what that would entail but I'd imagine it mean selling up and moving wholesale, not taking a 3 month break like it used to be, more like 12 months now.

Seems UKVI is closing this door too....
An chéad stad eile Stáisiún Uí Chonghaile....

357mag
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Joined: Sat Jun 22, 2013 8:56 pm
Location: Bulgaria
Bulgaria

Re: Can anyone help please

Post by 357mag » Sat Jan 31, 2015 5:52 pm

The c456/12 case states over 3 months is enough.
But be prepared for 6 to 9 monts, anything less is a bonus.
I am not a forum GURU, I am often wrong
Dont take any notice of anything I post, I'm getting old and havn't the foggiest what I'm talking about.

K-man
Newly Registered
Posts: 12
Joined: Thu Jan 29, 2015 4:42 pm

Re: Can anyone help please

Post by K-man » Sat Jan 31, 2015 6:53 pm

Looks harder than ever now;-(
One way my income is too low.
The other way, I have to sell my house, which mean my kids are out of a home.

357mag
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Joined: Sat Jun 22, 2013 8:56 pm
Location: Bulgaria
Bulgaria

Re: Can anyone help please

Post by 357mag » Sun Feb 01, 2015 10:54 am

Take out a loan, renegotiate mortgage, borrow from freinds, sell what ever you can of value. £8k is not impossible.
Let your kids know if they want to continue living there they will have to pay the upkeep of the house while you are away.

That you talk of selling your house to be with the one you love is a good thing, my own thoughts is I would cut off my arm with a rusty knife to be with my gal. It wont come to that there is always a way.

We have had forum members done it in 3 months, but you have to be prepared for set backs and delays just trying to be realistic there.
I am not a forum GURU, I am often wrong
Dont take any notice of anything I post, I'm getting old and havn't the foggiest what I'm talking about.

357mag
Member of Standing
Posts: 410
Joined: Sat Jun 22, 2013 8:56 pm
Location: Bulgaria
Bulgaria

Re: Can anyone help please

Post by 357mag » Sun Feb 01, 2015 11:28 am

Regarding the moving of center of life this make interesting reading.
https://www.freemovement.org.uk/eu-to-i ... der-singh/

and the letter that goes with it,
http://www.freemovement.org.uk/wp-conte ... r-anon.pdf

UK hasn't complied yet but if they refuse on the grounds of not moving center of life it would open them up to appeals.

Can it be done in 3 months? The OB case says yes
http://curia.europa.eu/jcms/upload/docs ... 0032en.pdf
I am not a forum GURU, I am often wrong
Dont take any notice of anything I post, I'm getting old and havn't the foggiest what I'm talking about.

357mag
Member of Standing
Posts: 410
Joined: Sat Jun 22, 2013 8:56 pm
Location: Bulgaria
Bulgaria

Re: Can anyone help please

Post by 357mag » Sun Feb 01, 2015 11:40 am

Break down your route into doable chunks and work out whether you can fund them.

Phase 1, get married. With flights, notary fees, wedding fees you should be able to do it for £1500
Phase 2, wife applies for visa to join you in chosen country, theres 27 to choose from if one application fails you try another.
Phase 3 you go to the country and arrange accomodation and your wife joins you. Maybe you try to find work first but a Malay women might have more chance getting a job as a carer or domestic.
Phase 4 apply for wifes residence certificate as fast as you can.
Phase 5 with luck Sean McCarthys case will have been dealt with and you can return to UK with wife using residence certificate intead of apply for a visa.
I am not a forum GURU, I am often wrong
Dont take any notice of anything I post, I'm getting old and havn't the foggiest what I'm talking about.

K-man
Newly Registered
Posts: 12
Joined: Thu Jan 29, 2015 4:42 pm

Re: Can anyone help please

Post by K-man » Sun Feb 01, 2015 12:05 pm

Thanks 357mag, your a diamond.
Breaking it down that way makes it easier to digest.
Next I need to speak to the people I work for, see if there'd be work for me to come back to.
Do you know how they identify someone banned as an overstayer?
My gf had an expired passport when she was picked up, and had a new one when she got home, so no kind of stamp on there, and she reckons not to have had any formal letter stating the length of a ban. Although she seems to think its two years. I can't believe its all so vague.

357mag
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Joined: Sat Jun 22, 2013 8:56 pm
Location: Bulgaria
Bulgaria

Re: Can anyone help please

Post by 357mag » Sun Feb 01, 2015 1:44 pm

A ban dont count for family route. If there is a ban you might have to ask for it to be removed.
My gf was an overstayer but nothing said to her about a ban either.

I'm 61 years old and been incapacitated since 1992. I have no fear of doing it neither should you.
Last edited by 357mag on Sun Feb 01, 2015 1:59 pm, edited 1 time in total.
I am not a forum GURU, I am often wrong
Dont take any notice of anything I post, I'm getting old and havn't the foggiest what I'm talking about.

K-man
Newly Registered
Posts: 12
Joined: Thu Jan 29, 2015 4:42 pm

Re: Can anyone help please

Post by K-man » Sun Feb 01, 2015 1:48 pm

Sorry, I'm a bit slow on this if you hadn't noticed;-) but whats to stop your gf or mine travelling in and out of the country as a tourist?

357mag
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Joined: Sat Jun 22, 2013 8:56 pm
Location: Bulgaria
Bulgaria

Re: Can anyone help please

Post by 357mag » Sun Feb 01, 2015 2:01 pm

OK theres a few that do it, they might discover her history and just say no you cant have a visa, they might say they think her intention is to not go back so refuse a visa. The cost of applying for a visa and being refused is high, I prefer to use my funds on something that has a better chance.

I have my PIP medical in March, if I pass that I would be exempt the £18.6k financial requirement but do I want to gamble the spouse visa fees, nope, my money is on he EEA route.
Last edited by 357mag on Sun Feb 01, 2015 2:09 pm, edited 1 time in total.
I am not a forum GURU, I am often wrong
Dont take any notice of anything I post, I'm getting old and havn't the foggiest what I'm talking about.

K-man
Newly Registered
Posts: 12
Joined: Thu Jan 29, 2015 4:42 pm

Re: Can anyone help please

Post by K-man » Sun Feb 01, 2015 2:08 pm

Put like that it makes sense, thanks.

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