American Kicked Out

Here is the link to the article


http://www.liverpoolecho.co.uk/news/liverpool-news/husband-wife-face-being-separated-14124829

Justified? As far as I can understand, and correct me if wrong, but this guy has merely come over on a visitors visa and expected the Home Office to just let him stay?

Am I correct in saying that?

Here we go again, this time in my local area. I've tried to give advice but not hopeful it will be listened to or taken seriously.





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Here we go again, this time in my local area. I've tried to give advice but not hopeful it will be listened to or taken seriously.





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Link to story if FB doesn't work...

https://www.spirefm.co.uk/news/local-news/2474070/plea-to-get-salisbury-dance-teacher-home/

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Here we go again, this time in my local area. I've tried to give advice but not hopeful it will be listened to or taken seriously.





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From what I can tell from that story, she doesn’t really have a leg to stand on. It was her responsibility to make sure she applied for ILR before her visa ran out... and she didn’t. Instead, she became an illegal overstayer... and it’s no one’s fault but her own.

Since she was given a 12-month ban, it wouldn’t have only been an overstay of a couple of days either... it would have been an overstay of at least 30 days if her visa expired on or after April 6th 2017, or at least 90 days if her visa expired before April 5th 2017.

I had a friend from Hong Kong in a similar situation a few years ago... though she didn’t become an overstayer. She had lived in the U.K. for 10 years on student visas (since the age of 12) and applied for ILR based on 10 years Long Residence. The problem was that there had been an issue with one of her student visas a few years earlier (when switching schools) and there ended up being an accidental gap between the visas. Instead of blaming UKVI and fighting the decision, she accepted it and opted to return to live in Hong Kong. That was almost 10 years ago, and she is now married with children in Hong Kong and hasn’t even tried to move back to the UK.


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From what I can tell from that story, she doesn’t really have a leg to stand on. It was her responsibility to make sure she applied for ILR before her visa ran out... and she didn’t. Instead, she became an illegal overstayer... and it’s no one’s fault but her own.

Since she was given a 12-month ban, it wouldn’t have only been an overstay of a couple of days either... it would have been an overstay of at least 30 days if her visa expired on or after April 6th 2017, or at least 90 days if her visa expired before April 5th 2017.

I had a friend from Hong Kong in a similar situation a few years ago... though she didn’t become an overstayer. She had lived in the U.K. for 10 years on student visas (since the age of 12) and applied for ILR based on 10 years Long Residence. The problem was that there had been an issue with one of her student visas a few years earlier (when switching schools) and there ended up being an accidental gap between the visas. Instead of blaming UKVI and fighting the decision, she accepted it and opted to return to live in Hong Kong. That was almost 10 years ago, and she is now married with children in Hong Kong and hasn’t even tried to move back to the UK.


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Totally agree with you. Why is it they always have to try and fight the decision though? It's like they're so much more entitled than the rest of us that the law should bend over backwards for them. Good on your friend for following the rules!

I posted (on the article comments) that she should wait out her year and then apply for a spousal visa. So much cheaper and more likely to be successful too.  Why can't these people understand that immigration isn't hard, if you're eligible and have the money, but it should be the number 1 priority; she forgot to apply - Jesus!!!

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I posted (on the article comments) that she should wait out her year and then apply for a spousal visa. So much cheaper and more likely to be successful too.

Your article said she was in the UK on the 5 year Ancestry work visa, which is cheaper than a spouse visa: Commonwealth citizen who had a grandparent born in the UK.
Your UK Ancestry visa will cost £496.
https://www.gov.uk/ancestry-visa

There is no limit to the number of Ancestry visas a person can apply for, so she could apply for that again when she has served her ban for her crime/s, although she will have to pay the Immigration Health Surcharge this time.



 

Why can't these people understand that immigration isn't hard, if you're eligible and have the money, but it should be the number 1 priority; she forgot to apply - Jesus!!!

Some people like to blame others for their own action, or lack of action and then see themselves as a victim.

Your article said she was in the UK on the 5 year Ancestry work visa, which is cheaper than a spouse visa: Commonwealth citizen who had a grandparent born in the UK. https://www.gov.uk/ancestry-visa

There is no limit to the number of Ancestry visas a person can apply for, so she can apply for that again when she has served her ban for her crime/s, although she will have to pay the Immigration Health Surcharge this time.



 
Some people like to blame others for their own action, or lack of action and then see themselves as a victim.

Yep. I figured that's why she opted for it instead of the spousal route.

They have over 5k signatures on a change.org petition to Amber Rudd now. It irks me that they're trying to get the ban over turned. As far as i see it, all of us as expat families have endured time apart, most longer than a year.  She made an error of judgement and now she should pay the price; its the adult thing to do. I do wonder though whether she started all of this or whether it was her loyal followers who seem to have no idea what they're talking about!

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They have over 5k signatures on a change.org petition to Amber Rudd now.

Anybody can start and sign a petition, even if they don't know the laws.

I was reading a Republic of Ireland online newspaper over the weekend and they mentioned that Irish Travellers in the UK had asked the UK to change the law so that Irish citizens are regarded as British citizens and therefore can't be deported (as they are now). It won't happen: and it also seemed that they didn't know that British citizenship can be removed and they can still be deported anyway.