Author Topic: American Kicked Out  (Read 1514 times)

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Offline Ben1989

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American Kicked Out
« on: January 08, 2018, 08:56:54 AM »
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?
15/03/2013 - Met in Cancun
29/11/2013 - Engaged
25/02/2014 - Married
09/03/2014 - Electronic Visa Application Submitted
13/03/2014 - Biometrics Completed
21/03/2014 - Application Paperwork Received by Sheffield
29/04/2014 - Application Approved!
02/05/2014 - Visa Received!
09/01/2017 - FLR(M) Granted!
06/06/2017 - Little Nipper born

Offline ksand24

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Re: American Kicked Out
« Reply #1 on: January 08, 2018, 09:12:47 AM »
Yeah, he wasn’t eligible to switch to FLR(M) from inside the U.K. so the visa was refused.

The first time they lived in the U.K. 18 years ago, it was much easier to stay in the U.K...I believe you could still switch to FLR from a visitor visa and I think you might still have been able to get ILR after 1 year.

I imagine they thought it would be the same this time and didn’t do their research to find out if the visa rules had changed since 2003 (and they have changed several times since then).


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Offline larrabee

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Re: American Kicked Out
« Reply #2 on: January 08, 2018, 09:24:02 AM »
And as is usual in these cases, instead of returning to the home country and following the correct procedure, they are trying to fight the system.

£4000 for a judicial review? For a shady lawyer more like, it’s a shame no one is giving them good advice.  :-\\\\
March 28th 2013-Moved to UK, husband on spouse visa.Oct 20th 2015-Applied by mail for FLR(M).Feb 1st 2016 FLR(M).March 7th 2018 ILR. YAY! March 21st NCS&JCAP appointment.

Offline Ben1989

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Re: American Kicked Out
« Reply #3 on: January 08, 2018, 09:36:02 AM »
Fortunately the son was in the comments section thanking people for their support.

I've directed him this way to get some advice and clarity  :-\\\\
15/03/2013 - Met in Cancun
29/11/2013 - Engaged
25/02/2014 - Married
09/03/2014 - Electronic Visa Application Submitted
13/03/2014 - Biometrics Completed
21/03/2014 - Application Paperwork Received by Sheffield
29/04/2014 - Application Approved!
02/05/2014 - Visa Received!
09/01/2017 - FLR(M) Granted!
06/06/2017 - Little Nipper born

Offline AweSam

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Re: American Kicked Out
« Reply #4 on: January 08, 2018, 10:50:03 AM »
Obviously it sucks that they’ll be separated, but they didn’t do the correct process? Assuming he were to leave and reapply correctly would he be able to return? (It looks like they want to fight it, but he didn’t follow the law so how can they win?)

Reading that comment section nearly killed me. So much ignorance there about immigration. Even without the racism, there was a comment about how you never really lose your US green card. Wow I wish that were true :P


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SPOUSE VISA TIMELINE (Priority)

Met: August 2009 (Pennsylvania, USA)
Engaged: November 2012
~US Immigration Process~
Married: October 25th, 2013 (Los Angeles, USA)


Application Submitted Online: October 18th, 2017
Biometrics + Docs Sent: October 23rd, 2017
Documents delivered per UPS: October 25th, 2017
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Offline Ben1989

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Re: American Kicked Out
« Reply #5 on: January 08, 2018, 11:00:58 AM »
Unbelievable isn't it.

I felt like commenting but you would just be swamped by ignorance so pointless.

His son told me he's overstayed his 6 months visiting visa so as an overstayer I don't know what his options are.

Anyway, hopefully his Dad will be on the forum sometime today and we can give a clear advice and he will at least have clarity of the process and the next steps
15/03/2013 - Met in Cancun
29/11/2013 - Engaged
25/02/2014 - Married
09/03/2014 - Electronic Visa Application Submitted
13/03/2014 - Biometrics Completed
21/03/2014 - Application Paperwork Received by Sheffield
29/04/2014 - Application Approved!
02/05/2014 - Visa Received!
09/01/2017 - FLR(M) Granted!
06/06/2017 - Little Nipper born

Offline larrabee

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Re: American Kicked Out
« Reply #6 on: January 08, 2018, 11:02:27 AM »
Yeah, the comments were pretty terrifying. 
March 28th 2013-Moved to UK, husband on spouse visa.Oct 20th 2015-Applied by mail for FLR(M).Feb 1st 2016 FLR(M).March 7th 2018 ILR. YAY! March 21st NCS&JCAP appointment.

Offline ksand24

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Re: American Kicked Out
« Reply #7 on: January 08, 2018, 11:06:44 AM »
Obviously it sucks that they’ll be separated, but they didn’t do the correct process? Assuming he were to leave and reapply correctly would he be able to return?

Yeah, if he returned to the US and applied properly he would be able to get a spousal visa to return. However, whether they meet the financial requirements is another question.
Quote
(It looks like they want to fight it, but he didn’t follow the law so how can they win?)

You'd be surprised - there was a family on here a couple of years ago in a similar situation... it took them about 2 or 3 years of fighting it, but I think they were eventually put on the 10-year path without having to leave the UK.

Offline KFdancer

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Re: American Kicked Out
« Reply #8 on: January 08, 2018, 11:13:50 AM »
You'd be surprised - there was a family on here a couple of years ago in a similar situation... it took them about 2 or 3 years of fighting it, but I think they were eventually put on the 10-year path without having to leave the UK.

I think they had a baby though?  If I remember correctly.

But yeah, it seems as soon as the media gets involved, they are allowed to stay.

Offline ksand24

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Re: American Kicked Out
« Reply #9 on: January 08, 2018, 11:17:01 AM »
I think they had a baby though?  If I remember correctly.

But yeah, it seems as soon as the media gets involved, they are allowed to stay.

Yeah, she had kids from a previous relationship, but I think they also had a baby themselves as well.

Offline historyenne

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Re: American Kicked Out
« Reply #10 on: January 08, 2018, 11:26:02 AM »
Those comments are awful, but so is the article. Histrionic hand-wringing with no actual facts and no attempt to clarify the situation. "Journalism" like that helps no one.
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Offline ksand24

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Re: American Kicked Out
« Reply #11 on: January 08, 2018, 11:27:45 AM »
I'm guessing having lived in the UK for 3 years back in 2000-2003, he would have held ILR, and if he had applied for citizenship back then before returning to the US, he wouldn't be in this situation now. It's because of situations like this that we recommend applying for citizenship when you qualify, even if you plan to leave the UK... because you never know if you might need to return in the future.

Back when they first lived in the UK, ILR was free (a fee of £155 was introduced in 2003) and citizenship cost just £200. Plus there were no official minimum financial requirements for the visa.

These days, they're looking at at least £10,000, 5 years and 3 visas to gain citizenship, plus meeting the financial requirement for each visa.

Offline Ben1989

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Re: American Kicked Out
« Reply #12 on: January 08, 2018, 01:33:00 PM »
That makes for sad reading ^^

If he decides to come onto the site what are his options as an overstayer?
15/03/2013 - Met in Cancun
29/11/2013 - Engaged
25/02/2014 - Married
09/03/2014 - Electronic Visa Application Submitted
13/03/2014 - Biometrics Completed
21/03/2014 - Application Paperwork Received by Sheffield
29/04/2014 - Application Approved!
02/05/2014 - Visa Received!
09/01/2017 - FLR(M) Granted!
06/06/2017 - Little Nipper born

Offline KFdancer

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Re: American Kicked Out
« Reply #13 on: January 08, 2018, 01:51:55 PM »
That makes for sad reading ^^

If he decides to come onto the site what are his options as an overstayer?

We would need more info to inform him properly.

Offline AweSam

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Re: American Kicked Out
« Reply #14 on: January 08, 2018, 04:01:04 PM »
Those comments are awful, but so is the article. Histrionic hand-wringing with no actual facts and no attempt to clarify the situation. "Journalism" like that helps no one.

It’d be a stretch to call that article anything related to journalism. It offered no information about why the situation had arisen or even the most basic rundown of the immigration process. Zero context. Less than zero critical analysis.


Sent from my iPhone using Tapatalk
SPOUSE VISA TIMELINE (Priority)

Met: August 2009 (Pennsylvania, USA)
Engaged: November 2012
~US Immigration Process~
Married: October 25th, 2013 (Los Angeles, USA)


Application Submitted Online: October 18th, 2017
Biometrics + Docs Sent: October 23rd, 2017
Documents delivered per UPS: October 25th, 2017
Received in Sheffield email: October 25th, 2017
Decision email: November 20th, 2017 (18 BD)
Passport received: November 22nd, 2017 (APPROVED)
Travel to UK: December 28th, 2017