ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

urgent advice

General UK immigration & work permits; don't post job search or family related topics!

Please use this section of the board if there is no specific section for your query.

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2, Administrator

Locked
peter786
Newbie
Posts: 41
Joined: Mon Nov 05, 2007 5:06 pm

urgent advice

Post by peter786 » Tue Feb 26, 2008 3:31 pm

friends

I want an advice for a person who is an illegal entrant and he is in this country from last six years without any status.
He has recently married a British citizen it was an Islamic marriage.
Question now is whether

he needs COA from home office.
or
he should go to his home country to get a visa.

what will happen if he gets caught at exit and banned for some years.
thanks

Siggi
Senior Member
Posts: 650
Joined: Wed Feb 28, 2007 8:26 pm
Location: London

Post by Siggi » Tue Feb 26, 2008 3:41 pm

He has no chance of a COA from the Home Office as he is a overstayer.

He should try a leave the country and apply for a visa from his home country.
But he does run the risk of been caught leaving the UK and will
face a ban from 1 to 10 years, under the new laws.

VictoriaS
inactive
Posts: 1759
Joined: Wed Jan 24, 2007 4:16 pm

Post by VictoriaS » Tue Feb 26, 2008 4:05 pm

Actually, he may well get teh COA...but it is likely to take many months.

And even if he does get it, it won't mean that he can switch.

Victoria
Going..going...gone!

Siggi
Senior Member
Posts: 650
Joined: Wed Feb 28, 2007 8:26 pm
Location: London

Post by Siggi » Tue Feb 26, 2008 4:10 pm

Victoria wrote:

And even if he does get it, it won't mean that he can switch

Switch from what? An illegal entrant to spouse visa!!

VictoriaS
inactive
Posts: 1759
Joined: Wed Jan 24, 2007 4:16 pm

Post by VictoriaS » Tue Feb 26, 2008 4:14 pm

Yes. A COA is not a way to get a switch allowed.

Victoria
Going..going...gone!

peter786
Newbie
Posts: 41
Joined: Mon Nov 05, 2007 5:06 pm

Post by peter786 » Tue Feb 26, 2008 4:34 pm

If he gets a COA after a long wait is it not good that he can show it at airport and say he is going back to get the spouse visa.

Will they still ban him?

paulp
Diamond Member
Posts: 1071
Joined: Sun Aug 19, 2007 9:34 pm

Post by paulp » Tue Feb 26, 2008 4:37 pm

peter786 wrote:If he gets a COA after a long wait is it not good that he can show it at airport and say he is going back to get the spouse visa.

Will they still ban him?
Probably not in his favour, it just shows that the applicant was prepared to overstay some more while waiting for the COA.

peter786
Newbie
Posts: 41
Joined: Mon Nov 05, 2007 5:06 pm

Post by peter786 » Tue Feb 26, 2008 4:59 pm

So you mean that COA is of no benefit.

paulp
Diamond Member
Posts: 1071
Joined: Sun Aug 19, 2007 9:34 pm

Post by paulp » Tue Feb 26, 2008 5:06 pm

peter786 wrote:So you mean that COA is of no benefit.
I don't see how it can be useful in avoiding bans. It's just a permission to marry in the UK.

peter786
Newbie
Posts: 41
Joined: Mon Nov 05, 2007 5:06 pm

Post by peter786 » Tue Feb 26, 2008 5:13 pm

Say if he gets caught at exit and banned what will happen to his wife and kid?
Any human rights consideration?
He will be stuck in his home country and family will remain here.

VictoriaS
inactive
Posts: 1759
Joined: Wed Jan 24, 2007 4:16 pm

Post by VictoriaS » Tue Feb 26, 2008 5:15 pm

I think he needs to see a solicitor.

Victoria
Going..going...gone!

paulp
Diamond Member
Posts: 1071
Joined: Sun Aug 19, 2007 9:34 pm

Post by paulp » Tue Feb 26, 2008 5:25 pm

peter786 wrote:Say if he gets caught at exit and banned what will happen to his wife and kid?
Any human rights consideration?
He will be stuck in his home country and family will remain here.
Unfortunately, the home office position has been that the family can enjoy their human rights in the husband's home country.

peter786
Newbie
Posts: 41
Joined: Mon Nov 05, 2007 5:06 pm

Post by peter786 » Tue Feb 26, 2008 5:29 pm

Why not in the wifes home country?? :roll:

paulp
Diamond Member
Posts: 1071
Joined: Sun Aug 19, 2007 9:34 pm

Post by paulp » Tue Feb 26, 2008 5:33 pm

peter786 wrote:Why not in the wifes home country?? :roll:
Take it up with the HO, mate. It's their easy way out of the human rights aspect.

Mr Rusty
Diamond Member
Posts: 1041
Joined: Fri Nov 09, 2007 1:09 pm

Post by Mr Rusty » Tue Feb 26, 2008 6:25 pm

peter786 wrote:Why not in the wifes home country?? :roll:
It's not just the Home Office, the European Courts have established that the right to family life does not confer the right to exercise it in any particular country.
He should have thought about his illegal status before he formed a relationship and fathered a child. If he concealed it from his partner, it's his responsibility, nobody else's.

If he really hasn't come to notice before now, his best option is to find a way of leaving the country un-noticed, but keep a record of his departure. His partner should join him in his own country, and go through the appropriate civil marriage. He will have to wait a year from leaving the UK, and she should spend as much of that with him as possible. He can then apply for a spouse visa, which should be considered because he left the UK voluntarily at his own expense, and should be indisputable on the grounds that the parties do not intend to live together.

There's a reasonable chance that by doing that, they can plan a life together in this country. If he can find a solicitor to devise him a means of successfully applying without leaving the UK, good luck to him.

Wanderer
Diamond Member
Posts: 10511
Joined: Thu Apr 21, 2005 1:46 pm
Ireland

Post by Wanderer » Tue Feb 26, 2008 6:36 pm

peter786 wrote:Why not in the wifes home country?? :roll:
Because he buggered that up. Consequences cause hurt others too and he bears the responsibility, not the HO and the immigration rules.

Sad, but true, some people leave big wakes behind them....
An chéad stad eile Stáisiún Uí Chonghaile....

Locked