Hi AnnaC and all - thanks (Story so far)
Hi
Thanks for the responses. I guess I expected that things would get bogged down in Spanish bureaucracy at some stage.
Regarding your interest AnnaC I'll try and summarize:
My partner has been living in UK for almost 11 years continuously (originally came to UK 1993 then with breaks up to early 1996 after which has been here throughout). We met, married and are living together now in the UK - have been married almost 2 years and have baby just 1 year old.
She started a long process of aggravation with inefficient legal reps and the HO about a few months before her initial 5 year permit to remain was up (Early 1999), which was just after she had been deserted by her violent first (European) husband with whom she had settled in the UK.
The HO initially turned down a application for leave to remain in her own rights, then the appeal process began in mid 2000. She was warned it could take months or even years. From starting the appeal proces and after 2 1/2 years of hearing nothing (she had been told it couild take 3 years!!) from the legal reps she began pestering her advisors more regularly- turned out (1) they'd been writing to wrong address (they STILL continued to do this persistently even last year) (2) the HO had no knowledge of her case (3) the HO lost her files (4) The legal reps had lost her files/closed her case...amongst other stuff!!!
Due to her contacts with them the legal advisors resurrected their 'efforts' (lol!!) to chase the appeal since end of 2003. Through 2004 the case passed through different advisors' hands but no progress was made it seems. After we wed in 2005 but had STILL heard of no progress from them we hassled them some more, because we wanted to travel to the DR and she has been 'tied' to the UK pending her appeal being heard, and after a few more prods they finally began to get some HO action this last year.
The appeal hearing date then came through suddenly just before Christmas Dec 06 - the case was in some respects poorly handled due to certain 'new info' not being accepted on the day, as it had not ben sent to the HO in time. But as we were advised she still had decent case for the appeal to be accepted, with developments in Law over the intervening period being favorable (we were told!) we went on with the appeal.
We just now learned it was turned down due to technicalities about what Law was operating back at the time of the appilcation being originally made in Feb 1999. Although the Laws have radically changed since - (and to be fair if it was TODAY she would now not have to wait even the 5 years - as it was then - to apply for permanent leave to remain, if a spouse of a Euro or UK citizen!! - I think it is 2 years now - and she was previously here for way more than 2 years with her first husband!)
We are getting to the point where, it seems, we now have the choice of:
Going through the expense of a new application here in the Uk (but now technically not legally entitled to be here due to refused appeal!!!) with the possibility of being turned down again.
AND THEN/OR INSTEAD:
Going to the expense of flying back to the DR just to apply to come back to the UK as a spouse (which seems MAD! Seeing as she's been here 11 years without break! and IS here now and would have to 'start from scratch' in terms of waiting to apply for permanent leave!!!)
AND
To add to the complication I likely have to go to Spain in the next month or so for a long period - and there is a whole raft of different issues and delays with trying to get a Visa to Spain directly as a DR citizen - as opposed to a DR with permanent leave in UK! (If we just choose to forget the UK - she would, it seems, still have to go to the DR and go through Spanish Visa application rigmarole and this is where we don't know how long it might take...which is why I was asking!)
This is a summary of the major points - but you can imagine we feel pretty '****** off' with the whole thing and the upheaval we are having to try and contend with along with the little one and all. In this situation it becomes apparent that 'common sense' cannot prevail over bureaucracy , inefficiency & prejudice.
It is becoming a bit of a nightmare to decide what course of action to take to keep costs down and still get something sorted out that means we can stay together/avoid a protracted seperation!
Thanks for your interest.
druk