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filipina seeking advice

Discussion in 'UK Visa and Immigration Help' started by cryher, Jan 16, 2015.

  1. cryher
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    cryher New Member

    When my FLR runs out have to apply ILR which is refused for some reason. here the details of the refusal.
    " You have been granted permission to stay until january 2016. Please ensure that you understand the condition of you stay.


    You are not required to leave the united kingdom as a result of this decision.

    is that mean than i can apply again for ILR here?
  2. Timmers
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    Timmers Well-Known Member Trusted Member

    Can you please explain your situation a little better please?

    I'm sure someone here at BF can help you if you give more details :)
  3. cryher
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    cryher New Member

    Hi thanks for the reply,
    i came here 2010 as marriage visa (6 months visa) then we get married same year. my visa will run out early 2011 so i have to apply Further Leave to Remain (2 yrs visa) and after my FLR runs out i had apply Indefinite leave to remain. but they refused it for some reason becoz we argue becoz i work in london which is our place is in country side. i didnt visit him regulary for few month and then he send letter to immi saying that our marriage is broken down. so i think thats the reson why they refused coz we didnt meet the criteria. so i copy the result from immi coz im confused
  4. cryher
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    cryher New Member

    but we get back together but we didnt give details which month. its like questionable
  5. Timmers
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    Timmers Well-Known Member Trusted Member

    Now I understand, your ILR was rejected because your marriage had broken down, and as we know your visa is dependent on you and your husband remaining together at least until you are granted the ILR. If you are now back together then I would not see a problem getting the visa next January, you will of course have to prove on your ILR application that you are in a subsisting relationship. You will have to prove with documentation, letters addressed to you and your husband, bills, council tax, doctors letters and so on that you have been together the year up to next January. Might be a good idea to ask the husband to send another letter to the UKVI stating that you are back together again, you can then use that letter in next Januarys application.

    At least they gave you another year, that's good, they may have been in their rights to ask you to leave the UK.

    Good luck with your rekindled marriage :)
  6. cryher
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    cryher New Member

    hi thanks im relieve now, but another prob is im planning to work part of london. and planning to self employed or my employer will pay for it. the problem is my husband only receiving a benfits and we live in a council house bcoz he is not working. plus i cant afford o travel everyday from country side to london city. and if i pay my tax and n.i for work im sure his benefits will be affected. and he dont like that. the job is 5 days a week and i plan to stay with a friend for 4 nights and pay my share for the room. and go back to my husband after work. my husband said if im staying for few nights in london bcoz my job is there i should use the address for my tax and national insurance. is that possible? im confused about this. please i really dont know? i couldnt found a job where i live thats why i look in london. and i want to show to immi aswell that i am paying my tax. coz i have plan to bring my daughter. please tell me how u understand my situation?
  7. Timmers
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    Timmers Well-Known Member Trusted Member

    You must understand that the visa is granted on the basis that you are living as husband and wife, if you cannot prove to the UKVI that this is the case then there is a good chance your visa may be declined. As it is now you are estranged from your husband.

    The obvious solution would be to find employment nearer home, but as you said, there is no employment opportunities around.

    Hopefully one of the other boys or girls here may be able to offer you some more pointers, I get the general idea of your situation and it is difficult to tie in a successful visa application with what is going on in your life.

    Silly question but can you not just live at home with your hubby and live on his benefits until your ILR is granted?
  8. Markham
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    Markham Guest

    This is an entry under the old system of which I have some experience. Cryher is not permitted to be a beneficiary of the Public Purse whilst she is has FLR but she would be able to make a claim to cover a short-term emergency situation once she has been granted ILR. She would not, of course, be in the UK now if she had applied after June 2012 as her husband almost certainly does not satisfy the financial requirements.

    My ex-wife entered the UK (in 1999) where we married and she was then granted FLR. Shortly afterwards, she wanted to start working but the only jobs available were on the Ferry to Ireland. I was concerned that the Home Office might consider that her work pattern (week on, week off) meant she was not habitually living with her husband and caring for her daughter (my step-daughter). We sought advice from the Citizens' Advice Bureau whose counsellor confirmed my fear. In the event, my ex-wife waited until she had been upgraded to ILR before taking up an employment offer with Stena Line. (Her employment opportunities were somewhat restricted as she was by no means fluent in English and spoke not one word of Welsh - the latter being a requirement imposed by many employers locally.)

    Cryher is, I'm afraid, stuck between a rock and a hard place. Unable to find suitable work locally to where she and her husband live, she has taken up employment in London. For one reason or other, her husband has notified the Home Office that their marriage has broken-down thereby jeopardising her Visa. Reading between the lines, it seems that he did so to create a smokescreen to protect his eligibility to claim benefits - he wants her to use a London address for NI and tax purposes.

    Cyrher: you will need to prove to the Home Office that your marriage is subsisting which means that you and your husband need to share the same house. You can not take employment away from home if that means you spend the majority of the time living away from home but I do appreciate that the cost of commuting between London and your home would be high. The Home Office has given you a chance to prove that your marriage is subsisting - by granting you a further period of FLR. It will not be easy because your file will contain that letter from your husband.

    I wish you well and good luck!
  9. bigmac
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    bigmac Well-Known Member Trusted Member

    why doesnt your husband move and live with you in london-?--he might even be able to get a job there.

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