Fiancee visa/immigration info needed

Northernjedi · Post by **Northernjedi** » Mon Jul 23, 2007 11:32 pm

Hello

I have been dating a lady from Moldova for almost 2 years. When we first met she made an application to come to England on a student visa but it was refused. She then made an appeal but again it was refused. Shortly after that she decided to go to Italy on a Szhenghen permit and has been living there for the last 18months. However, she has now overstayed on her Szheghen visa which now makes her an illegal immigrant. Her reason for going to Italy was because she heard that if she works and stays there long enough the Italian government will allow her to be naturalised as part of an immigration amnesty program (it has happened in the past).

However, the time has come when I would like her to come to be with me in Britain and we want to make a fiancee visa but for that she would have to leave Italy first and then go back to Moldova to make the visa application there.

The problem we are concerned about now is this:

1) When she leaves Italy and passes through passport control to board her flight, will the Italian authorities stamp her passport with "DEPORTED."

2) If she has her passport stamped as "deported" would this effect her application for a visa to come to the UK? Also, would this effect her right to re-enter Europe even if we are married?

3) Would I be better to marry her in Moldova and then make a "spouse" application to bring her to the UK? (Actually, we would like to marry in Gibraltar.)

4) Will the fact that she has overstayed on her Szhenghen visa effect any application we make to bring her to the UK?

Can any of you offer me any advice?

Many thanks

transpondia · Post by **transpondia** » Tue Jul 24, 2007 5:02 pm

As to leaving Italy, she may attract a removal order, but a full deportation is hardly likely.

The credibility of your relationship will be important in a fiance application. Did you maintain contact and visit her in Italy? Or more importantly, do you have proof on on-going contact and devotion?

sakura · Post by **sakura** » Tue Jul 24, 2007 5:11 pm

Double posting moderator pls lock.

Northernjedi · Post by **Northernjedi** » Tue Jul 24, 2007 5:13 pm

Hi Transpondia

Thanks for the reply. We have plenty of evidence of our relationship dating back almost 2 years eg: emails, phonecalls, photos, hotel bills, bank statements, parcel delivery notes and travel tickets etc. However, we weren't sure if we could use this info because she was in Italy illegally.

I was married but divorcing when we first met (now divorced) and that's another reason why my partner went to Italy for a while.

She wants to leave Italy now and to come here but we are worried that she may have problems on either the Italian or British side.

What's a removal order exactly? Who will impose that?

mym · Post by **mym** » Tue Jul 24, 2007 5:14 pm

2) No and No.

4) No, if you are making an application for a settlement Visa then overstaying is not an issue.

Northernjedi · Post by **Northernjedi** » Tue Jul 24, 2007 5:14 pm

Sakura

Yes there is a double posting but in different areas and my questions are specific to that area!

sakura · Post by **sakura** » Tue Jul 24, 2007 5:17 pm

Northernjedi wrote:Sakura

Yes there is a double posting but in different areas and my questions are specific to that area!

Woah! I see what you mean....same issues, though.
Apologies.

transpondia · Post by **transpondia** » Tue Jul 24, 2007 5:34 pm

Northernjedi wrote:What's a removal order exactly? Who will impose that?

A removal order would be issued (if it is issued) at her point of contact with the Italian border police. This would be at her port of exit, or if she's nicked beforehand, at the police station. It is basically a warrant to be taken into custody to a exit point and sent to her home country.

It is not a deportation because that normally requires a court ruling, but her travelling days on a Schengen visa are flat-out over until she gets ILR as a spouse in the UK.

Otherwise, if you have a well-documented relationship, then fine.

It doesn't matter whether either of you were legally there, as long as you were there together...

Northernjedi · Post by **Northernjedi** » Wed Jul 25, 2007 1:24 am

Many thanks for your advice transpondia and Mym. I really appreciate it

rayb · Post by **rayb** » Sat Aug 04, 2007 3:40 pm

To Northernjedi
Do you know for sure that with marriage certificate from Gibraltar your partner can be granted spouse visa FLR(M) in UK? Do you know what documents she needs to produce to be married in Gibraltar?
My boyfriend plans to do the same thing, but so far, we failed to find firm answers to these questions.

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Fiancee visa/immigration info needed

Fiancee visa/immigration info needed

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