Alright, I wasn’t going to get into this because it’s Easter and I’ve been looking forward to this 4-day weekend for some time and just wanted to keep things bright and sunny. But events may unfold such that big changes will have to be made and I’ll need to explain then anyway, so might as well do it now.
In case you haven’t read Ush’s note on Facebook, here’s his explanation of what happened:
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So here is a timeline to explain this succinctly – seeing Facebook only allows me to tag a few of you – don’t take it rudely if I couldn’t tag you.
Nov 08 – My mum injures herself badly. Moves in with Steph and myself for 2 weeks. Super Ali to the rescue. She moves home but Steph does her shopping errands till mid December
Late Dec – Steph flies out to USA for Christmas, plus her grandparents are getting on and it may be the last chance to see them. Flies out 25th Dec, comes back 5th Jan.
Feb 08 – My dad is critically ill. Visiting him at hospital all the time. He dies.
March – build up to funeral
Mid March- Funeral
April – After months of househunting, we finally find a flat we love. Let’s put everything behind us and get a mortgage.
When getting ready to sign the mortgage – We notice that Steph’s visa ran out on 22nd Dec 08.
When she went on holiday on Dec 25th – they must have thought she was leaving the country for good – and when she returned on Jan 5th – they must have thought she was coming here for a holiday.
Steph had a Spousal “Limited Leave to Remain” visa when we got married in 2006. It’s to weed out the people who are getting married for convenience (so we were told in 2006).
Then 2 years later you can apply for an “Indefinite Leave to Remain” from any time from 1 month before expiry. That is your only window of opportunity. The new visa allows you to stay for forever.
Due to the list of issues we have had above – we completely forgot. Were we trying to scam the system? NO. We had an oversight.
Now as it stands
Good solicitor has stated that Steph has to
a) stop working as it’s illegal
b) leave the country
c) reapply for a new visa
d) wait for it to come through (we’re told 6weeks absolute minimum)
e) then return
Meanwhile – I have to be on my own.
Steph has to leave her WHOLE life behind.
She has to quit a job she loves.
I pay a rent I can’t afford.
I live a life I shouldn’t have to live. Cut into my savings to keep afloat on one income. Therefore lose a lot of chances of ever buying a house.
How long till she can get back? Probably 2-6 months.
And then the last few years are forgotten and she starts again on a temp visa again.
We’ll see what the solicitors say – but noone has given a different opinion as yet.
ALL this because we forgot to get a stamp on a passport. If I didn’t have savings and Steph didn’t have her parents, we would both be living on the street.
What annoys me more is that she was never reminded by the Home Office to renew – never asked “Why are you still paying Income Tax?”. Nothing. I know it’s our fault – but this isn’t a crime – it’s a mistake and we’re gonna pay for this REALLY hard. Didn’t even cross our mind – to all intents and purposes Steph feels like a Brit now. When your dad is dying and your mother is ill and your grandparents may not make it, you don’t think about passports. Obviously not – I guess that should have been at the top of my list.
Steph = hardworking, never default on savings, tax, NI, no sick leave etc etc. Typical sponging immigrant it seems.
It’s one rule for all illegal immigrants it seems regardless of situation. ffs.
So for the next year I’ll be “broke” – but hey that’s not hard to deal with – spend less. I’ll need to find dog walkers in the day. I’ll need to stop wanting to buy a house as our deposit is gonna get hit hard.
And
I have my wife stolen from me.
Thanks UK for nothing. Oh. And for protecting me so well from terrorists and immigrants.
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Right, so he’s quite angry as you can see. He wrote this no more than 24 hours after we realised our mistake and began taking action to try to rectify things.
We dug out my passport on Wednesday night, and the next morning began calling around to various organisations and immigration lawyers to try to find out where we stood. We also phoned my boss to tell him what happened.
I should clarify, in case it’s not clear – as a result of the visa expiry, I’m not here in the country illegally… USA passport holders can be in the UK without a visa (aka – on holiday) for up to 6 months. I’ve just been working illegally since the visa expired. Which would lead one to surmise that this could be just as big of a problem for my employer.
This is where we have been truly blessed because the situation could’ve been A LOT worse (they were well within their rights to fire me on the spot). After speaking with my boss and meeting with him that afternoon, he’d assured me they would hold my job, could possibly arrange for me to continue working remotely (ah, the age of broadband – anything is possible!) and be reimbursed for it later when this mess is over, and he had also found an excellent immigration lawyer and arranged a meeting.
So anyway, since Ush’s post, we’ve had a huge response from friends showing their support and offering to help in any way they can, which is all SO appreciated.
I’m still not sure how I feel about the whole thing yet. Being who I am because of the way I was raised, my reaction (after the initial anger and self-loathing) is: I made a mistake, so I have to accept the consequences and do what they tell me to do. It’s not in my nature to argue against that, to fight for another course of action.
Thankfully, my husband is the activist in this family. He’s going to do all he can to keep me here. To get them to look at our situation as extenuating circumstances, an unintentional oversight. The mistake is ours and we’re not denying that. But we are clearly not a couple trying to screw the system in any way shape or form – we support ourselves without help from the government, we pay our taxes, National Insurance, bills, etc.. We were even trying to do our bit to boost the economy by getting a mortgage!
Will the Home Office be at all interested in hearing our side of the story? We shall see.
I’ll update you after our meeting with the solicitor this week…