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UK2009London
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Brothers wife received notice to leave.

Post by UK2009London » Fri Sep 25, 2009 3:37 pm

Hello All,
My brother is a british citizen (UK born) and got married to a chinese lady last year. They have a 2yr old child, born in the UK.

They submitted an application to the home office for ILR which has been refused, with a notice for her to leave the UK next month.

I don't believe they will appeal, so she'll probably get deported next month and leave the child in the UK.

What is the logical steps for her to make an application for a UK ILR once she arrives back in china? Does my brother make the visa application on her behalf over here, or does she need to visit the UK embassy?

What documents will she need and does having a child strengthen their case with the home office?

Thanks for your advice.

Wanderer
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Post by Wanderer » Fri Sep 25, 2009 3:54 pm

ILR? Should have been FLR first? On what basic was ILR applied for? What was the visa status of the Chinese girl?
An chéad stad eile Stáisiún Uí Chonghaile....

UK2009London
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Post by UK2009London » Fri Sep 25, 2009 5:01 pm

Wanderer wrote:ILR? Should have been FLR first? On what basic was ILR applied for? What was the visa status of the Chinese girl?
i believe she overstayed and became an illegal.
I doubt her case has strengthened given that she overstayed though.

Let me know if you have any idea what procedure he should adopt to try get her back here in the future.

thx

meats
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Post by meats » Fri Sep 25, 2009 5:07 pm

UK2009London wrote:
i believe she overstayed and became an illegal.
I doubt her case has strengthened given that she overstayed though.

Let me know if you have any idea what procedure he should adopt to try get her back here in the future.

thx
She should go back to China on her own accord, ie she pays for the flight back and doesn't wait to be deported. It will look better for her if she did that than went at the taxpayers expense. Then apply for spouse visa from China.

UK2009London
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Post by UK2009London » Fri Sep 25, 2009 5:34 pm

also, to muddy the situation... they got married via a civil ceremony in london last year. Did they not have to apply for a marriage licence through the home office?

Our family was assured by my brother that they had authorisation from the home office to get married. I'm not too sure about this now

Should she take the baby with her?

Obie
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Post by Obie » Fri Sep 25, 2009 6:50 pm

Firstly, she can apply under a Court ruling called Chikwamba Ruling, due to mitigating circumstance (ie the child), who has the right to both parents in his/her life. She can invoke rule 246 in her favour too, if home office attempts to deport her. The husband could fight that his access to his child which is preserved in Article 8 could be hampered.
Black life matters.

meats
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Post by meats » Fri Sep 25, 2009 6:55 pm

Obie wrote:Firstly, she can apply under a Court ruling called Chikwamba Ruling, due to mitigating circumstance (ie the child), who has the right to both parents in his/her life. She can invoke rule 246 in her favour too, if home office attempts to deport her. The husband could fight that his access to his child which is preserved in Article 8 could be hampered.
No human rights are breached so that won't get very far.

navbulls
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Post by navbulls » Fri Sep 25, 2009 7:55 pm

meats wrote:
Obie wrote:Firstly, she can apply under a Court ruling called Chikwamba Ruling, due to mitigating circumstance (ie the child), who has the right to both parents in his/her life. She can invoke rule 246 in her favour too, if home office attempts to deport her. The husband could fight that his access to his child which is preserved in Article 8 could be hampered.
No human rights are breached so that won't get very far.
Hi meats,
Well Obie is correct with his above statement... If the child stays in the uk with his father then it would be very difficult for HO to deport the mother ( Article 8 )
Blessed are those who can give without remembering and take without forgetting...

meats
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Post by meats » Fri Sep 25, 2009 8:59 pm

navbulls wrote:
meats wrote:
Obie wrote:Firstly, she can apply under a Court ruling called Chikwamba Ruling, due to mitigating circumstance (ie the child), who has the right to both parents in his/her life. She can invoke rule 246 in her favour too, if home office attempts to deport her. The husband could fight that his access to his child which is preserved in Article 8 could be hampered.
No human rights are breached so that won't get very far.
Hi meats,
Well Obie is correct with his above statement... If the child stays in the uk with his father then it would be very difficult for HO to deport the mother ( Article 8 )
No it wouldn't because the HO can say that there is nothing stopping them from living in China with the kid being as young as it is. If she does stay here then she might be lumped with a bill for giving birth here assuming that she used the NHS whilst in the country illegally.

You must remember that common sense and the HO don't go hand in hand.

UK2009London
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Post by UK2009London » Fri Sep 25, 2009 9:24 pm

but would the HO void the marriage given that it did not authorise a COA?
I will tell my brother to seek legal advise asap and ask about the 'Chikwamba Ruling'.

meats
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Post by meats » Fri Sep 25, 2009 10:10 pm

UK2009London wrote:but would the HO void the marriage given that it did not authorise a COA?
I will tell my brother to seek legal advise asap and ask about the 'Chikwamba Ruling'.
They can't void the marriage no but if they didn't apply for a COA then i'm not sure that they would recognise the marriage. I'm not 100% sure about that but someone will confirm whether that's the case or not. Assuming that the marriage is considered legal according to the HO then the easiest way for her to become legal in the UK would be for her to go back to China and apply for spouse visa from there. As she has been here illegally she can't apply for ILR.

As i said previously, it is best for her to leave the UK out of her own money as opposed to the taxpayers as it would look more favourable for her to do so as per the Embassy issuing the visa.

UK2009London
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Post by UK2009London » Sun Sep 27, 2009 11:08 am

thanks for the help so far.

One more thing we just found out about this chinese girl. She came to london via hong kong and says she gave her real passport to someone at the airport whilst in transit. We have no idea what has happened with her real passport.
Can she still make an outward journey back to china on her own accord?

meats
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Post by meats » Sun Sep 27, 2009 11:10 am

UK2009London wrote:thanks for the help so far.

One more thing we just found out about this chinese girl. She came to london via hong kong and says she gave her real passport to someone at the airport whilst in transit. We have no idea what has happened with her real passport.
Can she still make an outward journey back to china on her own accord?
Sounds like you should be reporting her to the police.

UK2009London
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Post by UK2009London » Sun Sep 27, 2009 9:01 pm

meats, thanks for your advice thus far.

My family has been fed quite a lot of bull from this chinese girl that i'm coming to the conclusion of just letting things lapse and let the deportation begin.
We were initially told she was seeking asylum and had some ID card as proof, and her passport was taken by the UK home office.

Her story is full of holes and I guess my brother was trying to pull the wool over our eyes by telling us the marriage was authorised by the home office.

There's other complications that I shall leave out with regards to work and acommodation.
She probably thought she had a good catch marrying my brother and having a child, hoping to gain permanent residence in th UK.
Some of her actions makes me believe she's after the family ca$h as she keeps refering to property deeds my parents have abroad.

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Post by Obie » Sun Sep 27, 2009 10:29 pm

meats wrote:
No it wouldn't because the HO can say that there is nothing stopping them from living in China with the kid being as young as it is. If she does stay here then she might be lumped with a bill for giving birth here assuming that she used the NHS whilst in the country illegally.

You must remember that common sense and the HO don't go hand in hand.
Meat there was a Eurpoean court ruling which states that the UK cannot interfere with right of a child to access to both of his/her parents.

If one of the parent and the Child has a valid right to be in the UK, then the Non-EEA parent with the right of access, would be allowed into the UK too.
It is Rule 246 of the Immigration rule.

Navball is perfectly right.

If you read this, you will understand what i was implying.

OP, i think you will need to live you brother to make his decisions and mistakes and to learn form it. If you attempt to seperate them, you will just make their bond stronger.
Black life matters.

navbulls
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Post by navbulls » Mon Sep 28, 2009 7:22 pm

Obie wrote:
meats wrote:
No it wouldn't because the HO can say that there is nothing stopping them from living in China with the kid being as young as it is. If she does stay here then she might be lumped with a bill for giving birth here assuming that she used the NHS whilst in the country illegally.

You must remember that common sense and the HO don't go hand in hand.
Meat there was a Eurpoean court ruling which states that the UK cannot interfere with right of a child to access to both of his/her parents.

If one of the parent and the Child has a valid right to be in the UK, then the Non-EEA parent with the right of access, would be allowed into the UK too.
It is Rule 246 of the Immigration rule.

Navball is perfectly right.

If you read this, you will understand what i was implying.

OP, i think you will need to live you brother to make his decisions and mistakes and to learn form it. If you attempt to seperate them, you will just make their bond stronger.
:) Cheers Obie!
Blessed are those who can give without remembering and take without forgetting...

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