Hi John, Sakura, Victoria please help

[marita25]

I am about to marry my fiance in his country however he is an illegal immigrant as opposed to being an overstayer. He came using another persons passport. He came in 2005.I have all the necessary documents to show the relationship is genuine. We have been living together for the past year and a half. I work and have my own house. We half a 6month old daughter together.

My question is if he admits to entering this country illegally and also working illegally won't it automatically mean the spouse visa will be refused. Please help. I am so stressed.

Any moderators please please assist.

[Wanderer]

Any moderators please please assist.

Why mods only?

[marita25]

I suppose anyone with knowledge or experience in a similar situation can also advise.

Thanks Wanderer

[brownbonno]

Any moderators please please assist.

Why mods only?

Mentality of a class society?????

[eliasuk4u]

He came using another persons passport

My question is if he admits to entering this country illegally and also working illegally won't it automatically mean the spouse visa will be refused. Please help. I am so stressed.

No. working illegally won;t automatically mean the spouse visa will be refused. You have provide alot of evidence to prove that this marriage is a genuine one.

[olisun]

He came using another persons passport. He came in 2005.

Will this not create any problems?

[eliasuk4u]

Will this not create any problems?

Yes, If he had claimed asylum in the same name and apply for a spouse visa in different name then obviously the finger scan will clash and creat a major problem. If he didn;t claim asylum just lived in UK illegally then it shouldn't be a problem.

[marita25]

thank you very much for all your responses.

is it therefore the case that even if he entered UK with someone's else passport that will not be grounds for refusal if we can solidly prove our relationship is genuine.

Will not working here illegally be grounds for refusal. Will he need to show his payslips as part of the evidence that he was in this country as he claims.Why I reiterate/stress this point is someone advised it is a criminal offence to work in this country illegally and admitting you worked will be good grounds to refuse e.g you would have shown a passport to your employer to work???

[marita25]

just wondering if you could share your thoughts on my case.

Will my fiance be refused visa on the grounds of working here illegally (if he provides payslips and tenancy agreements- how did he pay his rent etc) as well as entering UK illegally or would it be better to state he never worked and was supported by friends and family. He worked as he wanted to sustain himself and eventually me and our daughter but will this be grounds for refusal.

He never commited any other crime except entering and working illegally was just one of the many hardworking law abiding illegal immigrants.

We need to put things right.


Thanks.

[eliasuk4u]

marita25, You have to give more details to get an advice.
Did he calim asylum on arrival with someone elses passport?? The reason I am asking is that if had give the different name than his original and wanted to apply to spouse visa in his original name then he doesn't stand a chance because he lied about his identity. Also he should have given his finger prints while applying for asylum which might have store against the name he has given.

[marita25]

he did not claim asylum as there is no such threat in his country. He came lived with his British cousin for a few months then moved out and found agency jobs. We then met started a relationship and had a baby.

By the way he discarded the passport he used to come in as soon when he arrived and will be going to his country with a Travel Document as his embassy gave him a travel document and not a passport. Will he be asked questions at Heathrow and if so will he say he is an illegal immigrant.

[eliasuk4u]

In that case he is shouldn't have problem in getting a spouse visa but bear in mind you have to give all the information British High commission asks for and a strong evidence folder. but do not give information that is not asked for.
While leaving UK just tell them that you came in as tourist and lost your passport, embassy gave an emergency certificate to exit UK. I don't think he will have any problem while leaving UK. As soon as he arrives in his country of origin, he must get a fresh passport to apply for spouse visa.

Good luck.

[marita25]

As part of the evidence believe me we have gathered and still gathering evidence of a relationship, should he also provide evidence such as payslips(will show dates and place of residence) or tenancy agreements from his previous landlords and bills will be ok. Will payslips only serve to complicate matters or since he is already going to say he was working that will be fine.

Thanks once again for your responses.

[eliasuk4u]

should he also provide evidence such as payslips(will show dates and place of residence)

I don't think that he should provide his payslip as he worked illegally and its not an requirement either, so avod it. Moreover it may show that he stayed and worked in someonelse name. Why make things more complicated? instead show your payslip atleast of 6 months (I assume you are British) and 6 months bank statments. Obviously you can show the tenancy agreements.
The entry clearance officer may assume that he worked illegally. If asked in interview say the truth. But do not tell voluntarily regarding travelled in forged or someone else's passport story or worked illegally.

[marita25]

I assumed its inevitable the ECO will want to know how he entered UK and what his status was. Therefore would he not have to say that first as his passport will be new ( no previous visa showing) . Will we won't have included that part in the form VAF2 (or explanatory letter) that he entered illegally.

As for the work is there a part in the form that may require him to devulge how he sustained himself and if yes then I presume he would have to include he worked.

Please bear with me just need clarification.

[John]

Marita, I will say merely this, given the comments already made in this topic.

Have a good look at a number of topics on this Board, for example this one.

[marita25]

I have read your comments and to be honest my heart missed a bit when I realised you had replied. I am anxious.

I read carefully the link you provided about evidence supplied but his spouse was a failed asylum seeker and my fiance is an illegal immigrant as opposed. That is why I am worried and need to know if he should write an explanatory letter coupled by his VAF2 form that he entered illegally as his passport will be new without any previous UK visa(s) so the question will be asked How he entered UK. Should he wait first to be asked or simply state in the form or letter to be submitted?

Please assist

[eliasuk4u]

marita25, I think you are worrying too much about it. At the end you will find its nothing to worry about.
My story (May be similar);
When I enetered UK in 1999 i came here with an agent who made a forged passport which I never had a chance to see. I don't even know whether I had my name on it. But anyway I applied asylum incountry not at the airport as I had cleared immigration with the agents help.
I got married to British citizen as you were and my embassy in London refused to give me passport so I requested my relative back home to apply for an passport for me and DHL to UK ( I know its not the right way though I had no option) I went back home with only entry stamp in my passport from immigration authority in my home country. I applied with tons of evidence with the same passport I came back from UK with no stamps on. No questions were raised about how I travelled to UK before. Not even an interview. But in VAF 2 form I said its my first passport as it was. so I could understand your frusturation and desperate attempt to apply and prepare yourself/ husband for worse before applying instead make sure and prepare a good evidence folder as I was insisting you from the first post. ECO is not interested in how you survived and how you entered UK before (Very rarely some do, out of curiosity) but they are interested in what you will do and how you gonna survive once you were issued visa. Bear in mind that you are applying for settling in UK not visiting and returing. so your evidence should be strong enough to prove that your intentions are to settle in UK without claiming public funds.

Goodluck

[marita25]

I cannot begin to express my thanks for your advise. This is worth more than any solicitor would have advised.

We will go get married and submit our evidence folder and leave the rest to God.

Thank you once again.

[John]

Marita, that topic, the one I linked to, is just an example. There are others that also confirm that getting a visa in these circumstances is not impossible.

[avjones]

"While leaving UK just tell them that you came in as tourist and lost your passport, embassy gave an emergency certificate to exit UK. I don't think he will have any problem while leaving UK. As soon as he arrives in his country of origin, he must get a fresh passport to apply for spouse visa. "

I'm really far from sure that advising people to lie and telling them what to lie is a wise move.

[eliasuk4u]

I'm really far from sure that advising people to lie and telling them what to lie is a wise move.

avjones, what would you do if you are in his situation?? Will you tell immigration officer while leaving UK that you came to country in someone else's passport and worked in UK illegally?? Be real.
Its nothing harm in telling a lie in a no win situation.

[John]

eliasuk4u, totally disagree. I suppose it does not matter a lot if the person has no intention of ever coming back to the UK, but if they do, getting caught out in a lie will only make matters a lot worse.

As they say ... get caught in the lie ... wave the visa goodbye!

[eliasuk4u]

eliasuk4u, totally disagree. I suppose it does not matter a lot if the person has no intention of ever coming back to the UK, but if they do, getting caught out in a lie will only make matters a lot worse.

As they say ... get caught in the lie ... wave the visa goodbye!

I agree with you John. I apologise if I mislead, You should not lie to an entry clearance officer in BHC as it will seriously affect your entry clearance application ( but do not provide the information not asked which might raise thousand questions) but while exiting UK and stopped with a passport with no stamps of visa sticker like in the case of marita25's husband, you just want to leave the country and do not want to be issued with IS151 for staying illegally which will be recorded and again will affect your application for entry clearance for no reason.

[marita25]

I have read and contemplated all your responses. I suppose in exiting Uk if at all he is stopped he will say he lost his passport was here on a tourist visa.

In my husbands country during interview he shall say it is a new passport as indeed it will be. If questions arise as to how he entered UK then he shall have to admit that he came in using one's passport.

Regarding the work, he will only say if he is asked how he sustained himself and not be the first to say he worked illegally.

My only prayer is the ECO interviewing my husband to be will only be more concerned if the marriage is genuine and if I will be able to support my husband once he arrives in this country. In that respect I have dozen loads of evidence to consolidate this. If on the other hand he is more concerned about my husbands adverse immigration past then may God help me!!!