Visa Question

[JULIEWOOLIE]

Our son married a Chinese girl in this country in 2008. A much loved addition to our family. However she overstayed her student visa (due to shoddiness & giving birth to our first Grandchild) We ended up at Feltham where they threw the case out & she could remain. They have since moved to Abu Dhabi as my sons prospects were greater there. They have now produced our second Grandchild( a British citizen) It would appear that when they visit us in July for a holiday she needs a visa for a 2 week stay?
I was assured that the embassy would extend her visa from Abu Dhabi....Its not about a 2 week holiday its more about my daughter in law being allowed into this country should anything happen? 3 British passport holders & the mother/wife. Am I missing something? Can a good person explain how visas work?

[EDDIE51]

You need to consult a lawyer who specialises in immigration issues.
Too complicated to answer here . Overstaying her visa and then leaving the uk may well confuse the issue.

[JULIEWOOLIE]

Thanks Eddie. We had lawyers at the time. She could stay renewal around now? I was assured the British Embassy in Abu Dhabi would sort it for a longer visa if needed? What happens if our son looses his job? Children need healthcare? Very concerned Thank you for your time
Julie

[bednobs]

in order for the children to get free NHS primary care, they need to be ordinarily resident in the UK; they are not, so won't be entitled, despite being british citizens (same applies for your son). If healthcare is an issue, they need to have insurance.
My sister was in the same sort of situation, but reversed. She married an american in america, and overstayed her visa (by a considerable amount) she had a son, and when the marriage broke down, she was "stuck" there - couldn't come home with the child (as he was an american citizen and the dad wouldn't allow it) and if she did come home, even for a holiday, she would not have been allowed back in the country despite the fact she had a son there

[JULIEWOOLIE]

Thanks Bednobs My Eldest Grandchild was born in UK Second born In Abu Dhabi he cannot be an emiratee so a UK citizen They have insurance but as we know its unlikely covers all? My son has a property he rents & pays tax on surely they still can have NHS provision? Hows your sister now what a pickle!
God life can be complicated! Want to ask is it ever possible to organise a longer visa from a British Embassy abroad?
Julie

[bednobs]

no, in order to get primary care, you have to be a resident. Expats often get into a pickle because in theory, they are not entitiled, but expect to pop back for treatment, despite the fact they are not paying tax in this country.
Sister worked it out with an immigration lawyer in the end.

[bednobs]

http://www.nhs.uk/NHSEngland/Healthcareabroad/movingabroad/Pages/Livingabroad.aspx

[Nibble]

Looking through here...

http://www.vfs-uk-ae.com/additionalservice.html

Especially, in your case...

You should be aware that you may experience extended processing times if any of the following factors apply, if you have:

overstayed a period of leave in the UK, and/or;
been refused leave to remain in the UK by the Home Office,

To make an appointment to use the premium service please email, telephone or simply attend the visa application centre reception in Dubai or Abu Dhabi and ask for the 'premium service'. Please see the 'Contact Us' page for details.

[JULIEWOOLIE]

Permanently away is a strange term Bednobs ? I'm hoping they will return one day? Hoping they are saving up enough to buy a larger home for the return. Having been there a couple of times I doubt it as its very expensive! Glad your sister got sorted. It all comes down to expensive lawyers or extra nibbles! I cant understand why my sons company cant organise it but guess they want his pound of flesh & disinterested in my whole family?
Thanks for help & interest
Julie

[JULIEWOOLIE]

Hello methyl
Too long about 16 months ? The children have British passports as has my son. My daughter in law is Chinese & could have almost got instant citizenship as she was near the 9 year mark! They moved to improve & save up (they already have a small home & rent it out) Im so interested to know how to deal with this as I feel my Son & Daughter in law may not be dealing with it properly? Or hiding the truth ? Just want the facts?

[EDDIE51]

As I said you really do need to ask a specialist lawyer about this , it is complicated. Your daughter I assume entered Abu Dhabi on her Chinese passport , if so she may well need to return to China and start a visa application from there. The British Embassy probably class her as Chinese citizen and can not apply for a visa.
As to the kids NHS care , as said they will not be eligible unless they return to the UK and establish residency here.
I know how you fee but it is your son and daughter who have to sort this out for themselves , you can ask advice but they need to act on that advice .

[themas]

"We ended up at Feltham where they threw the case out & she could remain."

What does this mean? Was it a Court case? If so, what was the charge & on what basis could she stay? In other words, what was her immigration status in UK after the Feltham decision had been made?

The normal arrangement is that a spouse visa has to be applied for in the home country (i.e. China in this case) & - when granted - gives the right to reside in UK for (I think) 2 years. Then an application for indefinite leave to remain can be made (which must be made before the 2 years expires).

As others have said, they need an immigration lawyer. I would be surprised if she can get a spouse visa in Abu Dhabi & if she cannot any visa she does get there is not going to be a long term answer to the problem. This is a complex area & they really can't expect to sort it out properly without the necessary expert legal advice.