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Entered Legally, Overstayed due to mental health

General UK immigration & work permits; don't post job search or family related topics!

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Piqueteer
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Entered Legally, Overstayed due to mental health

Post by Piqueteer » Tue Oct 16, 2018 9:54 am

Hi all,

I've looked through a few topics and there has been some good advice so hoping I can get some help.

My girlfriend entered the UK 10 years ago for study, completed her studies, applied for a work visa and worked for 4 years 11 months. Unfortunately, during this time she was struggling with bulimia and ultimately lost her job. When I met her over a year and a bit ago, I was not aware of this and since being together her mental health has improved dramatically and generally life is back on track. Unfortunately, her parents and China in general isn't that understanding of the disease and there's a lot of stigma involved with mental health over there so she is looking to return.

However, without work her visa expired, she missed the PR requirements by a month and ultimately overstayed by 12 months seeking treatment but left voluntarily once we discussed that she has to face the consequences.

Now we are consulting with lawyers and looking for a lawful way to reunite as soon as possible (I know a lot of posts on here seem to clutch at straws). She owns property here, has paid taxes consistently (even during her illegal status) and has built a life. I am not going to offer a fiancee visa at this time as I feel like a lot has been hidden for me. Just wondered if anyone could advise?

If we have to accept a 12 month ban and then reapply then fine but there may be some more experience here that could apply some mitigating circumstances to an appeal.

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CR001
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Re: Entered Legally, Overstayed due to mental health

Post by CR001 » Tue Oct 16, 2018 9:58 am

has paid taxes consistently (even during her illegal status)
Did she work when she had no legal status??
ultimately overstayed by 12 months seeking treatment
Did she pay for her NHS treatment while in the UK with no legal status?
Char (CR001 not Casa)
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Piqueteer
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Posts: 2
Joined: Tue Oct 16, 2018 9:39 am
United Kingdom

Re: Entered Legally, Overstayed due to mental health

Post by Piqueteer » Thu Oct 18, 2018 1:50 pm

Sorry for the delay in response.

She did not work during her illegal status but she has property which she was paying tax on. However, I doubt she paid national insurance as obviously this is through PAYE.

Did not pay for treatment as the NHS were unable to place her within the 12 months into an eating disorder clinic.

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