UK : Australian woman to be deported after divorce

This is just a disgraceful case.

http://www.independent.co.uk/news/uk/politics/fury-at-border-agency-over-case-of-the-australian-nhs-therapist-given-just-a-few-days-to-leave-britain-8935743.html

I would be surprised if she isn't eligible for Right of Abode or Registration as a British Citizen or Irish citizenship or a Tier 2 visa.

The wait and lack of leeway seem unfair on the face of it, though.   

I don't know. It seems like all of these "media outrage" cases play fast and loose with the details initially and only later does the real story emerge. Usually with the "persecuted" individual having screwed something up visa wise. Does her story wash? I am not enough of a visa expert to know, but something smells fishy to me.

I have sympathy to a degree, but having been on this board for a long time, I also know that the information on how to do things correctly is available. For every person/couple who has worked hard to dot every i and cross every t, these types of stories feel like a bit of a slap in the face.

Maybe I am wrong.

I don't know. It seems like all of these "media outrage" cases play fast and loose with the details

I don't know that the average reporter has a very good understanding of the system.

This seems like an attempt to generate outrage/concern which I'm OK with. If nothing else it demonstrates the fragility of the position of immigrants. In a time when we are being bashed daily and unmercifully, a story or two can't hurt.

Actually I think when it emerges that there's a 'fishy element' it does more harm than good. IMHO, it makes the anti-immigrant crowd even more self-righteous...sort of a "see, they are abusing the system all the time" or "yeah, they all think their situation is special, and the rules should be ignored"...or a 1000 other rationalizations.

The whole UKBA process is confusing, but in this case the person is educated and should have access to resources to get through the system.

Just because someone has what appears to be a sob story doesn't mean there's not a bit of "spin" involved.

What I don't like about these stories is that they're always about the type of immigrant that British people are happy to have, i.e. white, educated people from English-speaking countries. Even when not actually stated, it always implies (and often is outright stated in the comments sections), 'Why do we let in all these impoverished muslim darkies so easily while forcing out useful English-speaking white people?' And as others have said, it often turns out that the 'useful' immigrant has actually just not bothered to do things the right way because they also thought, subconsciously or otherwise, that 'useful' immigrants shouldn't have it so hard and they should get their visa for being so great (and white, and English-speaking).

If she came to the UK on a spousal visa in 2004, why didn't she apply for Indefinite Leave to Remain before her marriage broke up in 2008? During those years, couldn't you apply for ILR after 2 years of marriage? A spousal visa was only good for 27months anyway, so she must have applied for something at some point before 2008. Unless the rules were different since her spouse was Italian?

Sounds like she has had bad visa advice which has left her in this situation.

What I don't like about these stories is that they're always about the type of immigrant that British people are happy to have, i.e. white, educated people from English-speaking countries. Even when not actually stated, it always implies (and often is outright stated in the comments sections), 'Why do we let in all these impoverished muslim darkies so easily while forcing out useful English-speaking white people?' And as others have said, it often turns out that the 'useful' immigrant has actually just not bothered to do things the right way because they also thought, subconsciously or otherwise, that 'useful' immigrants shouldn't have it so hard and they should get their visa for being so great (and white, and English-speaking).

Absolutely. And the true vileness of this sort of racism by stealth (hidden behind things like 'cultural values' and other handy shields) is that even if, in this particular case, or any particular case, race was not a factor, the question lurks beneath the surface - leaving a terrible doubt that is probably worse than a screamed insult.

Well said, DrSuperL99!

 

If she came to the UK on a spousal visa in 2004, why didn't she apply for Indefinite Leave to Remain before her marriage broke up in 2008? During those years, couldn't you apply for ILR after 2 years of marriage? A spousal visa was only good for 27months anyway, so she must have applied for something at some point before 2008. Unless the rules were different since her spouse was Italian?

Sounds like she has had bad visa advice which has left her in this situation.

I think she was here on an EEA Family Permit.

The articles don't have to say it because the comments get right to the point. 

It is depressing.

Something is not right, the dates don't add up!

She should have applied for Italian citizenship after being married to her husband for 3 years (as spouses of Italian citizens are eligible to do, no matter where they live in the world).

Failing that, it does seem like she mis-handled the visa stuff and probably should have either left or applied for a different visa in 2008.