What now????

Stoo · Post by **Stoo** » Thu Feb 16, 2006 4:48 pm

I need some advice. My fiancee is Australian and has been living and working in the UK for 2 years with a visa and work permit, she has a good job, great income and has bought a house. She realised that her visa had just expired and to cut a long story short got a flight out to Madrid to renew it at the British Embassy, she did this as some of her friends had successfully had theirs renewed there. Unfortunately they were extremely unhelpful and refused to renew her visa. With no other option she tried to return to the UK and was obviously stopped by immigration. Again to cut this short, she was interviewed and told she must return to Australia to sort out her visa. She is now stuck in oz with a black stamp in her passport and unaware whether they will actually renew her visa.

I'm going out my mind. I've been trying to find out as much as i can but nothing is making much sense!! What are her chances of renewal/re-entry?

Please help.

Jeff Albright · Post by **Jeff Albright** » Thu Feb 16, 2006 6:56 pm

Sorry to hear what happened.
Unfortunately, it is very difficult to advise anything basing on the information you have given. I'd rather say that she had been extremely unhelpful to herself and to you by showing such disregard to the UK Immigration system and not that the staff at the UK Embassy in Madrid were unhelpful as you put it. There is no such thing as "renewal" of the expired visas.
In order to give you some advise, please provide more information on the following:

- What exactly kind of visa was she on?
- If she was on Work Permit, only employers could apply for Work Permit and this is a two stage application. If her Leave to Remain under the Work Permit had finished and she did not make an in-time application for extension, she was in fact an "overstayer". This means that if she wishes to return to the UK, her employer will have to make a fresh application to Work Permits (UK). If that is approved she will have to make an Entry Clearance application at British Embassy in Australia. Alternatively, she may try to apply under the HSMP if she is a skilled person with good career track and could show that she could get at least 65 points for her skills

If she is your fiancee she might try to apply to come back in this category. More details are given on www.ukvisas.gov.uk

Don't worry about her "black stamp" in her passport - in fact it will not stop her from coming back under any of the above mentioned categories. However, she will no longer be allowed in the UK as a visitor, student, or anyone where the proof of returnability is required.

best regards

Jeff

Stoo · Post by **Stoo** » Thu Feb 16, 2006 7:58 pm

She was on a working holiday visa that expired on the 10th Jan. Her boss had applied for a work permit which came through on the 1st Feb. She left the country on the 12th Feb. So therefore overstayed on the working holiday visa.

So, she is in oz at the moment applying for her entry clearance for this work permit. So surely that means one entry clearance has been granted she is free to return and resume work? Is that right?

Post by **John** » Thu Feb 16, 2006 7:59 pm

Stoo, I agree with Jeff .... her getting a fiancee visa is clearly the way to go here.

Only one drawback of a fiancee visa ... the holder is not allowed to work ... until after the marriage and after the fiancee visa is converted (in the UK) into a spouse visa.

bbdivo · Post by **bbdivo** » Thu Feb 16, 2006 8:02 pm

Personally I think she should be good to go, if she gets the EC on the work permit, she shouldn't have a problem getting through immigration, as long as she is forthcoming and honest when asked all the relevant questions.

I have had that 'black' stamp in my passport (for a failed WHV application), applied for a regular visitor EC (fairly soon after) and got it. Had a bit of grief with immigration when i arrived in the UK but nothing serious.

Jeff Albright · Post by **Jeff Albright** » Thu Feb 16, 2006 11:13 pm

John, personally, I think WP makes it a stronger case than fiancee visa. Although I may be wrong, as it is just a feeling. First of all, less paperwork is required to WP but for the fiancee visa some proof of relationship is required

Bbdivo, black stamps are different. You probably meant the ones you get in your passport from the Embassy when the application is refused with the crossed line on it. The "removal" stamp is different and I am not sure how it really looks like. The refusal of leave to enter is different from those, too (probably she got that one?).

I think there will be no problem for the lady to get a WP visa if all the documents are in order. They will certainly ask her about the overstay but it will not be a sole reason for refusal.

Good luck to the concerned.

Stoo · Post by **Stoo** » Fri Feb 17, 2006 12:50 am

SHE'S COMING HOME!!!!!!!!!!!!

She's just phoned to say she spoke to the Embassy. London have granted the visa and she's on her way to collect it. So she'll be back in a couple of days!!

I think it's safe to say that lessons have been learned, but most of all i'd like to thank you all, from us both, for your comments. You really helped us out, when it feels like the world is against you it's nice to know there are people out there just wanting to lend a hand.

Thanks,
Stoo & Karen.

Post by **John** » Fri Feb 17, 2006 8:27 am

Stoo, good news! But "coming home" armed with what sort of visa?

Jeff Albright · Post by **Jeff Albright** » Fri Feb 17, 2006 9:39 am

Brilliant news, Stoo. Pleased to hear that. Best wishes!

Stoo · Post by **Stoo** » Fri Feb 17, 2006 5:28 pm

She's got a work permit visa to compliment her work permit. She's sponsored by her employer and it is valid till 2010.

Stoo · Post by **Stoo** » Fri Feb 17, 2006 5:38 pm

Jeff Albright wrote: Don't worry about her "black stamp" in her passport - in fact it will not stop her from coming back under any of the above mentioned categories. However, she will no longer be allowed in the UK as a visitor, student, or anyone where the proof of returnability is required.

I've been thinking about this. Take this scenario - In the future we decide to move to Australia. How would we stand in terms of visiting my family in the UK? Does the above mean that she wouldn't be able to accompany me? (If we moved to Oz then it would be as husband and wife, does that make a difference?)

lemess · Post by **lemess** » Fri Feb 17, 2006 6:01 pm

Stoo wrote:
Jeff Albright wrote: Don't worry about her "black stamp" in her passport - in fact it will not stop her from coming back under any of the above mentioned categories. However, she will no longer be allowed in the UK as a visitor, student, or anyone where the proof of returnability is required.
I've been thinking about this. Take this scenario - In the future we decide to move to Australia. How would we stand in terms of visiting my family in the UK? Does the above mean that she wouldn't be able to accompany me? (If we moved to Oz then it would be as husband and wife, does that make a difference?)

May may it easier if she were to naturalise as a British citizen before you move I guess. As fas as I know Australia allows dual nationality and if your girl friend is going to be resident here for 5 years or so, getting naturalised should be fairly straightforward. If you do marry before and assuming you're a British citizen, she would only need to have lived here 3 years. of course for her to get naturalised that you'd have to apply for ILR first - not sue if this minor slip up counts against the "should not have been in breach of immigration rules" requirement though.

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What now????

What now????