I could really use some advice -- deportation

Hello everyone,

I was one of the couples caught with the rule change as of April 1, 2003.  We had requested a variation on the ruling but they have refused us.  I face deportation.   :'(  Our MP is still trying becuase we did work with the Home Office in Good Faith that the information they were giving us was factual.  But seems they refuse to budge.  

My real problem is that we can live off of my Husband's salery but there is no money at the end of the month for a) the visa and b) a airplane ticket back to the states.  I have searched every where online for as cheap as you can get and have found nothing.  If anyone out there has any sugestions I am all for it.  No airline does standby anymore.  The cheapest ticket I have found is 200 GBP but that is for the fall.  

I am scared to death.  I cannot hold any food down, and stressed to the breaking point.  I do not want to be deported.  I had hoped to find a way around it but cannot come up with a solution.  I wanted to do a day trip to France to obtain another six month visitor visa but my H is scared they will not allow me back.  Than I would be in France with no family or friends and no place to stay.  He is right.  Please any suggestions.

Either way no one in the government seems to care that we just want to be able to live together and have a happy marriage.  I feel as if I am being treated like a criminal when the only thing I did wrong was marry my H.  

Cheers  

I'm a bit confused...(nothing new really), so forgive the stupid question, but if you're married why are they going to try and deport you?  Surely you just need to get your FLR???

Hi Wish,

It is a bit of a odd tale but I met my Husband in Paris.  We got on so well he asked me to live with him.  I decided too stay with him in England and came over on a visitors visa.  In December he asked me to marry him and I said yes.  We were married in the Registar's office in Canterbury.  Next May we are having a full wedding in the States.

Since I am on a visitor's visa it only lasts six months.  I attempted to transfer my visa over to the Spousal but due to the change of the rule April 1, 2003 they denied me my visa and told me I have to apply from the USA.  Right now we do not even have the money for airfare.  I have been foolish in trying to clean up George's credit with our spare cash so when I got a job we could start super saving for a house.  

I believed the Home Office when we asked what needed to be done when we got engaged in December.  They told us to run the visa out and apply then.  In March we called and asked again.  They said no worries just show up with all the documentation and you will transfer your visa over.  Then two days into April I rang again just to double check.  Again they said no worries.  We got to Croyden April 4, 2003 and they said no the rules changed April 1, 2003 and you need to fly back to the states to apply.  We had our MP try and recieve a variance for us but the Home Office said no.  

Therefore, I have to find a way to get back to the states.  Then find a quick job to get the cash for the visa and apply there.  Either way we are looking at several months apart.   :'(  Unless a miracle is worked and the MP can show we acted on good faith and the Home Office gave bad advice that is the only option I see.  And we all know the Home Office, in their eyes, they never do anything wrong.  

Sounds like you got a bastard person at the Home Office that just has to be a stickler.

I don't know what advice to give you since I hadn't even heard of the April 1st change. I really have a hard time believing they'll split a couple apart, especially one from the US (and before there are any comments on this, it is my personal belief that the Home Office is quite racist when it comes to applicants. I got my visa in 15 minutes where there were people from Asia who were waiting there ALL DAY for an answer back.)

Only thing I can think to tell you is if you have any documentation or you know who it is that told you it'd be okay, send that to the Office. It's probably the best thing to do. And bug the hell out of your MP.

Hi,
My wife is in the same boat!!! - however our application is at Lunar House, and they say they won't look at it until next March, 2004!!!   We married here last November, a year after her 6 month visitor visa expired, and then applied about a couple of months ago!!

However......if you go to a specialist, Immigration Solicitor - 1. They can appeal.     2. If that fails they can then take the case to the European Court of Human Rights under Section 8.
This guarantees a European Citizen the right to a 'Family Life'.   If you are deported, they have deprived your partner of a 'Family Life'.   These are the paths as described to us by our Solicitor.

Hope this helps, and also to let you know you are not the only one who is worried sick!!!!

Kind regards, and Good Luck,

Sunny & John

Here's the Home Offices web page in regard to Spouses,(you may have already looked through it), but they claim its up to date with regard to policy changes..I'm not really sure where your particular situation applies but it may be worth really going through it to see if maybe you did get some bad advice

    http://www.ind.homeoffice.gov.uk/default.asp?PageId=3204

I'm with Ashley on this one, I'd try and exhaust every means possible before just resolving myself to the matter.

In any event for what its worth, I'd make them show it to me in black and white before relying on someone telling me about any changes.......Good Luck and don't give up

Not sure I can give you any advice regarding your situation.  However,  I do wish you the very best and I hope your immigration woes are resolved soon.

Saffron

I know that you're TOTALLY strapped on cash right now, but...


Assuming everything else falls through (but between you and me, I think you'll get it worked out) and you HAVE to go back to the US -- it takes most people a day to get their spouse visa -- maybe you could just fly into the city that hosts your home state's home office and apply, then fly back to the UK the next day.

It means you'd have to get the money for the ticket, plus the money for the visa ahead of time, but it might minimize the time you're apart.

Again -- I honestly believe it'll work out but I know you can't help but stress about it.  We had problems with Andrew's fiance visa into the USA -- he got it 5 days before the wedding -- he JUST flew out in time to make it to the wedding!  *laugh*

It WILL work out.

-Lisa-

MoiN,  I'm so sorry you're having such a rough time.   Unfortunately I can't offer any advice but I'm glad a few folks her had some good ideas.  Please keep us updated on how it's going.

Big Hugs   ,

Sandy

Sounds like you got a bastard person at the Home Office that just has to be a stickler.

I don't know what advice to give you since I hadn't even heard of the April 1st change. I really have a hard time believing they'll split a couple apart, especially one from the US (and before there are any comments on this, it is my personal belief that the Home Office is quite racist when it comes to applicants. I got my visa in 15 minutes where there were people from Asia who were waiting there ALL DAY for an answer back.)

Only thing I can think to tell you is if you have any documentation or you know who it is that told you it'd be okay, send that to the Office. It's probably the best thing to do. And bug the hell out of your MP.

Hello Ashely,

The person at the Home Office who refused the variance was Beverley Hughes MP, Minister of State for the Home Office.  One cannot go any higher than that.  In her letter she was stating about having compassion but let me tell you that woman does not have an ounce of compassion in her body.  Just the desire to push her pencil for her own glory.  

Hi,
My wife is in the same boat!!! - however our application is at Lunar House, and they say they won't look at it until next March, 2004!!!   We married here last November, a year after her 6 month visitor visa expired, and then applied about a couple of months ago

However......if you go to a specialist, Immigration Solicitor - 1. They can appeal.     2. If that fails they can then take the case to the European Court of Human Rights under Section 8.
This guarantees a European Citizen the right to a 'Family Life'.   If you are deported, they have deprived your partner of a 'Family Life'.   These are the paths as described to us by our Solicitor.

Hope this helps, and also to let you know you are not the only one who is worried sick!!!!

Kind regards, and Good Luck,

Sunny & John

Hello Sunny and John,

I am so sorry you face the same issue.  It is so difficult to come to terms that a government can be so anti-family and against it's own citizens.  Everyday I am amazed at the depths they will go to.  I have no problems if they said the rules would change.  I have no problems working within the frame work of how to obtain the visa.  But this capricious attitude of changing rules at whims and then not informing anyone is just too cruel.  As we stated this to a newspaper it is hard to play by the rules when the rules are changed whim.  

I am confused why it will take the Home Office a year to process the request?  How did your appeal go?  I am very interested in Section 8 of the European Court Human Rights act.  I guess I find it odd that if I was say someone pretending to be an assulym seeker I would have no problem gaining a work permit, housing, dole money and the like but since I married an Englishman I cannot even be allowed to live with him.  

When we married I understand that there was no way to obtain benifits...I did not want that I want my husband.  

MoiNouvelle....could you explain exactly what this rule change is that allows them to break up a married couple because of some beurocratic B.S? I'm sure theres others here that would be quite interested too

Not sure I can give you any advice regarding your situation.  However,  I do wish you the very best and I hope your immigration woes are resolved soon.

Saffron

Hello Saffron,

Thank you very much for your well wishes.  I am trying very hard to just take it in stride and trust that it will all be worked out.  Also I am trying not to become bitter.  

Here's the Home Offices web page in regard to Spouses,(you may have already looked through it), but they claim its up to date with regard to policy changes..I'm not really sure where your particular situation applies but it may be worth really going through it to see if maybe you did get some bad advice

    http://www.ind.homeoffice.gov.uk/default.asp?PageId=3204

I'm with Ashley on this one, I'd try and exhaust every means possible before just resolving myself to the matter.

In any event for what its worth, I'd make them show it to me in black and white before relying on someone telling me about any changes.......Good Luck and don't give up

Hello Celtictothecore,

I see you are in Boston.  I lived in Roslindale up till I moved to England.  Before that I lived in New Hampshire.  Lovely area.

I have been to the web site even after April 1, 2003.  The rule now stipulates that all person's getting married to a Foreign person must apply for the Fiancee/Spousal visa from their home country.  In other words since the change of April 1, 2003 I must fly back to the USA to obtain my Visa.  That means that I would have to go to the Consulate and pay 430 USD for my visa.  

I can see why the Home Office changed the rules.  They are under a great deal of pressure to change the rules to stop the flow of foreign nationals into the UK.  The way they are doing this is to force people to pay for the visa.  They have even increased the cost for the Visa for EU citizens.  One major flaw with this is that most of the UK populace instead would rather see laws to ebb the tide of assulym seekers.  As most can attest here that since I married my Husband I am not allowed to seek any benifits from the government.  I would be no financial straign on the UK government but a benefit if allowed to work.  I hope I have answered your questions.  If you still have some let me know and I will try and clarify better.  

I know that you're TOTALLY strapped on cash right now, but...


Assuming everything else falls through (but between you and me, I think you'll get it worked out) and you HAVE to go back to the US -- it takes most people a day to get their spouse visa -- maybe you could just fly into the city that hosts your home state's home office and apply, then fly back to the UK the next day.

It means you'd have to get the money for the ticket, plus the money for the visa ahead of time, but it might minimize the time you're apart.

Again -- I honestly believe it'll work out but I know you can't help but stress about it.  We had problems with Andrew's fiance visa into the USA -- he got it 5 days before the wedding -- he JUST flew out in time to make it to the wedding!  *laugh*

It WILL work out.

-Lisa-

Hello Lisa,

Thank you for the suggestion.  We looked into that option.  We are going to call the NYC Consulate and see if we can obtain the visa from them.  I have no home in the USA anymore.  

Funny a couple of months ago I would have given anything to be in the states but now I just want to be with my husband.  I am willing to live with the bad and good here in England.  Maybe I am over the home sickness.