Fiancé is overstayer

Hello everyone, I'm new to this, so I hope I'm on the right track. I hope someone can help me out here. My fiancé had to return to the philippines because her father was taken ill. Before she left we had paid a barrister £2800 to prepare our application for ILR, everything was in place, but before we could send the application in, we had to make the choice if she should stay, or go to her father, we agreed she should return home. This is the sting in the tail, my fiancé was an overstayer. When she left Heathrow, they took her passport away, although she was returning voluntarily, and told she could not apply to return to the UK for a year. What I would like to know is did they have the right to take her passport, and is there anyway because she is in a relationship with me, can she return to the UK before the year is up. Hope this makes some sense to someone, need as much help and advice I can get. Thanks everyone.

It depends on how long she had overstayed and the immigration category that she will be applying under.

Hi Vinny, let me give you some more information, we contacted each other in June 2012 she was working in Hong Kong at the time, but had been offered a job in Scotland and came to the UK un August 2012. We met for the first time in February 2013 it was only then that we found she should of left the UK at the end of December 2012 as this was only a 6 month work visa. Her employer had held onto her passport, and she thought the visa would run out at the end of February. By the time she retrieved her passport, it was to late to apply for another visa. We continued with our relationship, and found a barrister to help us to apply for ILR under rule 8. I got all the documents that was needed for the barrister so he could get the wheels turning for her visa. She moved in with me in Wiltshire in May 2013. We then waited for the application to be prepared and to be sent to us for signatures. We received the application, but it was two days after she heard her father was seriously ill, and decided she should go home. So all in all she had overstayed for a year, but left the UK voluntarily at our expense. We we're apply for ILR under rule 8.

*edited by Moderator.

Fiance(e) or proposed civil partner or partner categories are not subject to a ban period due to overstaying.

Thanks for your reply, I have contacted the Barristers I used for her ILR, and advised me to apply for a fiance visa, but they want £2200 to submit my application. Does anyone out there know if I can get help to apply for a fiancé visa for her who might be a little bit cheaper. Thanks Everyone

*edited by Moderator, do not name solicitors please.

I find it inexplicable that the 'barrister' would charge you £2800 for an application that was not submitted and even if it had been, had absolutely no chance of succeeding. If I were you I would consider complaining and asking for a refund. £2200 for an initial application is ridiculous. Do not pay it.

I am also surprised that you were advised by legal adviser to apply for ILR for somebody was is illegal and have been in the country for only 1 year. Are you married?

What is rule 8? do you meant to say article 8, Are you sure it was ILR or it was FLR(O). As vinny advised you, if you are married and you meet all requirements including finance, she should be able get her spouse visa.

DO NOT USE THESE ‘IMMIGRATION LAWYERS!!!!!’ I used these people about a year and a half ago after letting my spouse visa run out by a week. They told me if I paid them £1200 plus UKBA fees, they would have my case sent and a reply given from UKBA within two weeks. Well, WEEKS later they send me all the paperwork to send to the UKBA and by the time they got it and I got my reply back, I was told there was no chance I had of staying and that I would have to return to Australia and reapply. Apparently there was a 28 day period to apply and sending the application late to me, made me go over this. All the had to do was tell me this and I would be better finding someone who could get my application in ASAP. would know this as they deal with the same cases each and every day. They should have been honest and told me this and saved me a lot of stress, countless phone calls and over £1800 in fees. No, they just want your money. I complained almost 3 months ago about this and was told would I accept £250 in compensation? I emailed them this back, saying that was acceptable and gave them my bank details. I rang them and was told accounts would call me to confirm, two weeks later, nothing. Finally, a very nice lady named Sarah got on the phone and said I would be paid on the 28th March, some 8 weeks on. Come today, we have been told , By Adrian, head of accounts, that at 12pm, payment was made, but guess what? NOTHING IN OUR ACCOUNT. More lies. DO NOT USE THESE PEOPLE. Once they have your money, forget trying to get any help, or sense out of them. It is not worth the stress. Do your research and use a small immigration firm who are proven to be honest and reliable. THEY ARE A JOKE. BEWARE!!!

nicolebell1975 please do not post the solicitor's details openly.

1. If this related to an application for SET(M), you could apply at any time no matter how long ago your leave expired as SET(M) doesn't require extant leave. There is no need to leave the Country.

2. You can complain to OISC and/or the Legal Ombudsman if you're not satisfied.