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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34272
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My wife is US , I am British and also my two children .We engaged

Resolved Question:

My wife is US , I am British and also my two children .We engaged a Lawyer to get the 10 year route for my wife to stay. It was denied. She is an overstayer now. Can Immigration deport her from us? and what do we do now? She has nowhere to go and the children have done a term in school. The Lawyer said it would be Bullet Proof?
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How long has your spouse been in the Uk and on what Visa?
Clare
Customer: replied 2 years ago.

6 months and 1 week. She previously had a 5 year spouse visa but did not use it as we were working so much in US but it ran out 1 year ago.We filed for the ten year route as the laws have changed two years ago. ALSO I have worked for a big USA company and had surgery in April 2014 Which I will be 100% fit in 3 months. The company has paid all my Medical bills private-non NHS also they have put me on a wage retainer BUT it does not meet the income threshold as required by immigration THEREFORE if she went back to USA she would be denied and also not be able to apply for any UK visa for 10 years. We also have not taken any public funds. What I found weird was the Lawyer made our case bullet proof for the 10 year route but in the refusal letter they denied it on grounds that the children even though Dual citizens should return back to US with their Mother....unbeleiable as myself and the girls are British citizens. Hope this helps Thankyou!

Expert:  Clare replied 2 years ago.
Hi
May I ask why you have now moved to the UK?
Clare
Customer: replied 2 years ago.

Several reasons:

Our two daughters education, they are 8 and 9 and will have an equal opportunity at being a professional and going to college.

Violence and school shootings- you are constantly worried

USA is now in the top ten most dangerous countries in the world

Family support

Expert:  Clare replied 2 years ago.
Hi
Will you remain working for the Us company or has that now ended?
Clare
Customer: replied 2 years ago.

Yes I will once I am released medically in about 3 months. I have worked for them Since 1997

Expert:  Clare replied 2 years ago.
Hi
Will your income then meet the requirements?
Clare
Customer: replied 2 years ago.

Not sure as I get salaried with benefits between 2700 and 3200 per month and get paid in US.

The thing is our case was based on the Non Separation Human Rights 10 year route and all that info was presented and not relevant. I have a permanent contract. At the time we filed I could not meet the threshold. Plus the children have been in school since July and starting a new term next week! Its complicated I know!

Customer: replied 2 years ago.
Did you get my last answer? Regards
Expert:  Clare replied 2 years ago.
Hi
I am sorry but I simply do not understand why the lawyer was so certain that this would work
You have not lived in the UK for long - and the fact is that there is no reason why the Children should not return to the States with their mother - where they have been living until now.
From what you are saying however once you are able to work again there is no reason to think that you will not meet the income requirement which will allow your wife to come on a spouse visa in the normal way.
The sooner she returns to the States to consider the next step the less likely it is that she will face a ten year ban and she can then apply in the usual way and return here within a few months.
I am sorry - I know that this is not what you wished to hear but given the situation that you describe I cannot see how the 10 year route would have been appropriate at all
Please ask if you need further details
Clare
Customer: replied 2 years ago.
Hi Clare thanks for your response however maybe I havnt explained the situation properly.
The company I worked for paid for my shoulder to be rebuilt then all the physio afterwards. They normally put you on 90% pay but they changed the policy and only put me on $750 a month. As a family with my wife's income we couldn't afford to live anymore being $60k a year basic. Having already had a settlement visa we thought just get to the UK then extended it. We didn't relise the law changed two years ago and in our situation getting to the UK with family was paramount. The children are UK citizens and have been in school since July. If my wife returned to the U.S. she would not been granted a visa due to myself being on the sick...SO we went down the 10 year route as not to be separated from her children. What my main question though at present can the UK authorities deport my wife from the children?
Expert:  Clare replied 2 years ago.
Hi
I am sorry I am a little confused.
Do you mean that you could not afford to remain in the States?
Clare
Customer: replied 2 years ago.
Yes the surgery I had is a1year recovery after surgery March 31st. Not to get technical but I am professional Drummer and had Torn rotator cuff plus two other shoulder procedures. The surgery only was $40k I am now 43 and have 30 years left in my career so it was the best decision. Plus the girls being British have the right to live here and get educated and healthcare. It's been a tough year but had to move to keep the children safe!
Expert:  Clare replied 2 years ago.
Hi
Sorry I thought you said that the company paid for your medical bills?
Clare
Customer: replied 2 years ago.
Yes they did but my retainer was not enough to support my family and I have 4 months of rehab left and the bot***** *****ne is my wife can't be separated from the family.
Expert:  Clare replied 2 years ago.
Hi
Was your wife working?
I am asking because as things stand yes they could deport your wife - they will simply argue that the children could move back with her as they are entitled to do - and indeed could you and on that basis there is no Human Rights issue involved
Of course if you cannot in fact return to the States then that is a different situation as that would indeed be a Human Rights issue.
However given you actual plans is there no one who could provide the Capital Guarantee - or offer the income sponsorship?
Clare
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