Tier 2 dependent visa application after 1 year ban

[Remdra08]

My name is Dhorrem, I am a Filipino on a work permit sponsored by the NHS since 2013 and my visa has recently been renewed and valid ’til October 2019. In September 2018, I am eligible to apply for permanent residency. My wife and I are both in a same-sex relationship and married in the UK since 2014. Unfortunately, we had to separate temporarily as she had to leave the UK voluntarily in October last year because of overstaying.

In 2013, she approached an immigration adviser to help her with an FLR (O) application. However, the adviser submitted her application late without telling us and so in January 2014, her application was refused as a consequence for overstaying. Fast forward to 2015 she was still in the UK and was being represented by another firm who applied for a judicial review on her behalf. Sadly, the result was unsuccessful. In mid-2015, we have once more approached an immigration and human rights lawyer who suggested a Discretionary Leave to Remain application on the basis of our relationship. Whilst the application was ongoing, my wife was also given temporary leave and was reporting to every 4 weeks. This lasted for about a year and she has religiously obeyed the terms of her temporary leave. In September 2016, she reported but was detained, she was told that a flight has already been booked for her and was subject for removal on the same day. However, her solicitor at that time, managed to put a request to defer removal and advised her to apply for asylum. Hence, my wife’s removal to the Philippines that day was cancelled and she was taken to a detention centre where she stayed for 3 days. Upon her release, she was instructed to report a week after, to which she obliged. We also asked the opinions of several solicitors who advised us to go home instead of applying for asylum as our case would be weak and it would be in her best interest if she left. She was meant to report again 2 weeks after, but we booked a flight to the Philippines, wrote a letter to the detention officer’s office stating her voluntary exit decision and so she has been in the Philippines since 6 October 2016.

This year, from October onwards we are planning to apply for a Tier 2 dependent visa as a family member. In view of her immigration history, how likely is her chance of getting entry clearance as my wife?

I appreciate your time in reading this post and would greatly appreciate your opinions/advises.