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Well they couldn't keep you apart as she can remain an illegal but that would result in her having no real life. The best bet if for her to return home and apply. The attendance record won't be a reason for refusal in Philippines as she has returned home before the visa has expired.Tomm wrote:I see. Thank you.
Yes we are both over 21.
So if she applies in her own country the consulate there wouldn't ask similar questions regarding her attendance?
How much "safer" would a postal application be?
IF we did apply by post from within the UK and she was refused, can they really keep us apart just because of an attendance record? We would be happily married!
Could she then apply again from her own country with no prejudice or is it a better option over all for her to apply from her own country?
Thank you!
I'm guessing she'd have to appear, i'm in similarish position (minus the student visa) with my partner who is Vietnamese and she has to attend an interview in Hanoi.Tomm wrote:Yes, staying illegally would not be worth it at ALL!
Thank you for that, yes it would be nice to go there for a while!
I realize that overstays are not taken into account, but if the question comes up about her previous stay in the UK she will have to say Student Visa of course - what if they ask about the course at that point? Does she just tell the truth? Will she get the Spousal Visa anyway, despite her bad attendance?
Sorry to be a pain but I am trying to put myself in her shoes for her application! Would she have to attend in person?
Thank you!
If she applies in the UK then yes they can and most likely will.Tomm wrote:hmm I see.
No, she hardly went to college at all...
If we are married and everything is above board APART from her attendance surely they can't deny her?
Pass, i honestly don't know how long it takes to apply from there.Tomm wrote:OK that's great., thanks!
We can tick all those other boxes.
The last thing I think we need to know is how long does it take to apply in the Philippines?
I know a friend whose gf is applying for a student Visa and it's taken over 100 working days!!!!
i thought overstaying can effect a spouse visa, its just not an automatic ban,, also if she has hardly attended her course, could the HO say she obtained her visa by deception ?meats wrote:Tomm wrote:Considering that overstays are not taken into consideration for spouse visas
Sorry Gino much as I respect you I feel u r giving the OP false hope, legally the UKBA holds all the cards on this one, the OP is illegal having not adhered to the terms of their student visa so the price has to be paid.ginoT wrote:number 1 thing to do no matter what is ensure you both have the same address as each other. Get her to have bank statements sent to yours and if you can put her on any bills that would be great too. Refusing an application when you both are already living together is harder for them as it conflicts with human rights laws.
Regarding the question of whether to apply in or out country, I'm not convinced there really is a positive difference by applying abroad. I would do a postal application and give them as much proof as you can (to beef up the attached paperwork) on the genuineness of the relationship (holidays taken together, wedding docs & photos etc.., and shared bills of course). If she is here legally (which she is with a valid visa) then the only thing that matters is the genuineness of the relationship and applying on time with fee etc for the FLR(M) visa. Only when renewing a student visa do they require your attendance records. These people are trolls and all they do is check you "comply with the rules" which you do.
Applying abroad IMO is best avoided if you can. You are at the mercy of the consulate and there is no 100% guarantee you'll get the visa. ECOs are allowed to make stuff up about your relationship and reject accordingly. She might be requested to have an interview grilling and all the rest of it. Trust me, this sh*t happens & the whole attendance thing can crop up. If rejected appeals can take 9 months to get heard etc and end up being a major hassle. Oh, and spouse visa from abroad costs a good few quid more (£200 more I think)
Apply here via post, with loads of paperwork proving you live together and the relationship is genuine, leave out attendance record, and you'll be fine. In the exceptionally unlikely event her FLR(M) application is rejected you can fight out here at appeal and still live together + I really can't see you screwing up the appeal esp if you do the appeal yourself. Just imagine being apart for 9 months just after getting married, her stuck in asia, you over here. I've been in a similar situation and it's painful, trust me.
best of luck