Apply for NI number with the CAO only

[silvanti_78]

Hi All,
I hope I get some ideas / answers to this one.
My husband entered the UK illegally about 8 years ago. He got caught somewhere in Leicester and been put in detention for a week or so.
When asked for his identity he said he was person xyz coming from Palestine when in fact he is north African.
Anyway as soon he got out of detention and put into a hostel he never lived / worked or claimed benefits with this false name.... as his English language skills very quite poor he cant recall whether he actually applied for asylum or not. He had a card from the immigration place ( no idea the name ) with this given false name and a ref number.

When we went to the registry office to get married he was asked whether he was ever known to the HO under a different identity he has answered with yes. We were totally convinced that we will be called for an interview etc but luckily we weren’t and got the OK from the marriage referral team.

We have now applied for the EEA RC card, we have given the details to this case and we are concerned that this will affect the outcome of the application.
My husband has no criminal record, nor any other history with the previously used name or his real name.
Does anyone has any similar experience to share ?

[tmonaghan]

There is a difference from giving Immigration advice and Legal advice. What you need is a good Lawyer because marrying an Immigration Law offender will not change the fact that your Husband came into the UK illegally eight years ago.

You are free to marry whoever you love, although you passed the HO when you were referred following your registration with the Office Register.

When you'll apply for your Husband to reside in the UK on the basis of EEA Immigration Laws; your case will be dealt by the HO under UK Immigration rules because your Husband has been living in the UK illegally and he is not an EU Citizen.

[Richard W]

When you'll apply for your Husband to reside in the UK on the basis of EEA Immigration Laws; your case will be dealt by the HO under UK Immigration rules because your Husband has been living in the UK illegally and he is not an EU Citizen.

He might conceivably be prosecuted for immigration offences, but I think that is unlikely. In other matters, the case will initially be dealt with on the basis of the UK's EEA immigration laws. The problem is that his credibility is low - he has broken the immigration laws and lied when caught.

With regards to UK naturalisation law, he won't be able to naturalise as British until the 10th anniversary of the marriage.

His first contact with the UK immigration rules will be under the Brexit procedures, when the OP applies for the new settled status and includes him as a family member. If the precedent of the current rules is followed, as a family member he will be granted leave to remain despite his immigration offences. The only big problem would be if he were sentenced to prison for them, in which case he would get a 5 year ban on receiving leave effective from the date of release. I would advise a prompt application just in case he is prosecuted and receives a non-custodial sentence, as that would earn a 12 month ban. A late prosecution could delay his progression to settled status, but here it is difficult to tell what the relevant immigration rules will be.

[tmonaghan]

Thanks Richard W. I am glad you were able to clarify the situation in this case,

[silvanti_78]

When you'll apply for your Husband to reside in the UK on the basis of EEA Immigration Laws; your case will be dealt by the HO under UK Immigration rules because your Husband has been living in the UK illegally and he is not an EU Citizen.

He might conceivably be prosecuted for immigration offences, but I think that is unlikely. In other matters, the case will initially be dealt with on the basis of the UK's EEA immigration laws. The problem is that his credibility is low - he has broken the immigration laws and lied when caught.

With regards to UK naturalisation law, he won't be able to naturalise as British until the 10th anniversary of the marriage.

His first contact with the UK immigration rules will be under the Brexit procedures, when the OP applies for the new settled status and includes him as a family member. If the precedent of the current rules is followed, as a family member he will be granted leave to remain despite his immigration offences. The only big problem would be if he were sentenced to prison for them, in which case he would get a 5 year ban on receiving leave effective from the date of release. I would advise a prompt application just in case he is prosecuted and receives a non-custodial sentence, as that would earn a 12 month ban. A late prosecution could delay his progression to settled status, but here it is difficult to tell what the relevant immigration rules will be.

Thank you Richard,

a lot of the people I know, their spouses entered the UK illigal but they were lucky enough not to get caught.

My husband is not bothered to ever apply for british cititzenship and when it comes to the residence we are happy to re-apply in 5 years time again.

I am german and I have been living and working in the UK for over 9 years ( same job) and I havent applied for the permanent residence as I know that I qualify for it but didnt really wanted to go through the whole application process.

One application / fee in the family is certainly enough.

All we want for now is to get on with our lives and for him to be able to work and obviously travel.

we havent lied about any of what happened so we'll see how it goes.

Its just a waiting game.

I just wished there was anyone who had the same scenario who can share their outcome with us.

But at least I have some info though.

[Sidali42]

Hello again . I came illegally to uk as well they catch me in republic of ireland 2 years ago they toke my finger prints but I gave them my right details I don't know if that will effect my application ..

[silvanti_78]

Hello again . I came illegally to uk as well they catch me in republic of ireland 2 years ago they toke my finger prints but I gave them my right details I don't know if that will effect my application ..

Good Morning Sidali ,

Well that's Ireland .. not U.K. Immigration! When you fill out your application they ask you about UK immigration and not EU ! So there's nothing to worry I believe !

We got our biometrics enrolment letter today ! Finally something is happening!!!!

[tmonaghan]

The OH doesn't run criminal checks for EU Citizens yet. But since you are a NON-EU Citizen and broke the Law when entering the UK eight years ago they might do so when the Case Worker receives your application. As I said earlier, you will need the expertise of an Immigration Lawyer.

[secret.simon]

Under EU law, being illegal or entering illegally into a Member-State cannot be grounds for refusing a Family Permit or a Residence Card, if the applicant is in a genuine marriage with an EEA citizen. So, your husband should be fine with regards to any application under EU law.

He may have issues after Brexit and almost certainly will not be eligible for British citizenship till the tenth anniversary of your marriage.

[silvanti_78]

The OH doesn't run criminal checks for EU Citizens yet. But since you are a NON-EU Citizen and broke the Law when entering the UK eight years ago they might do so when the Case Worker receives your application. As I said earlier, you will need the expertise of an Immigration Lawyer.

Its not myself who got caught.
It was my husband.

I myself, am German and being in the UK for almost 10 years and work at the same job for over 9 years

I get that we should get legal advice however with only me working at the moment, its not an option.

If we will get refused for that reason then we havnt got a choice.

I have given them all they wanted and all we can do now is wait...

[tmonaghan]

silvanti_78, sorry if you misunderstood me. I was addressing myself to your husband. I understand that most people cannot afford a Lawyer, and using this Forum can help. However this is not enough. a Solicitor will take into account the time he spent here in the UK and will then advise you both about the best course of action. Instead of relying on the HO Caseworkers that have the job of making sure that you ticked all the correct boxes and supplied the expected documentation when submitting your EEA Application. So carrying on doing what you are doing such as using the Forum until you feel confident enough with the advices that were given to you if it is the only means to resolve your situation.

Good luck,

[silvanti_78]

silvanti_78, sorry if you misunderstood me. I was addressing myself to your husband. I understand that most people cannot afford a Lawyer, and using this Forum can help. However this is not enough. a Solicitor will take into account the time he spent here in the UK and will then advise you both about the best course of action. Instead of relying on the HO Caseworkers that have the job of making sure that you ticked all the correct boxes and supplied the expected documentation when submitting your EEA Application. So carrying on doing what you are doing such as using the Forum until you feel confident enough with the advices that were given to you if it is the only means to resolve your situation.

Good luck,

Thank you.

I will keep you posted though.

What I have learned from this... every case is different. it is all very unpredictable..

[Sidali42]

We got our biometrics enrolment letter today ! Finally something is happening!!!![/quote]

Hello again . How long it takes for they sent bio letter ?

[silvanti_78]

We got our biometrics enrolment letter today ! Finally something is happening!!!!

Hello again . How long it takes for they sent bio letter ?[/quote]
Between 6 to 8 weeks after payment has been taken .

Have you applied yet ?

[Sidali42]

Yes the home office receive my application 4 days ago . But payment I don't know bcs my solicitor gonna pay for that . When they take the payment they gonna send email or letter ?

[silvanti_78]

Yes the home office receive my application 4 days ago . But payment I don't know bcs my solicitor gonna pay for that . When they take the payment they gonna send email or letter ?

Well we had it taken from the bank.! Took only few days. Less than a week. Your solicitor should be able to tell you .

Can I ask how much you pay to have the application send through a solicitor?

[Sidali42]

I think its like 67 pound each I will ask him on monday cuz he is not working on the weekends . I hope they'll send it fast i've got tired of them and this london seriously . :/

[Sidali42]

Did u apply with solicitor or u are doing it alone ?

[Sidali42]

Hi again . I want to ask if u sent screenshot of ur conversation with ur husband via whats up and fb etc to ho with ur application or not ? Thank u

[silvanti_78]

Hi again . I want to ask if u sent screenshot of ur conversation with ur husband via whats up and fb etc to ho with ur application or not ? Thank u

Hi Sidali,

I didnt see your messages until now.

We didnt use a solicitor as its too expensive when you only have one person working.
so it was just 65 for the application.
I didnt add any whatsapp / FB / skype conversation screen shots as they are private.
I added photos from our Nikkah / our civil wedding, photos of us in london, our engagement and me in Algeria.

If the HO wants proof that my husband lives in the same city as me then they can even look at youtube footage of our local masjid where we both attempt. ( i.e open days or Jummah )

If they ask for proof I will send it but at this time I really dont as its private .

[Sidali42]

Hi again . Yes its too expensive for solicitor . But I made it I didn't had a choice . He charge me for 2000 pound but I was collect some money before I stop working .

[silvanti_78]

Hi again . Yes its too expensive for solicitor . But I made it I didn't had a choice . He charge me for 2000 pound but I was collect some money before I stop working .

wow thats a lot of money... I hope that this will at least increase your chances to get your RC.
When have you been home (alg) last ?

[Sidali42]

Hi . Well I left algeria when I had 21 years old . Now 3 years I didnt went there

[silvanti_78]

Good morning,

Husband has just received his certificate of application.

He’s got the right to work. Now he needs an NI card . How can we apply without an ID ie Passport?

Any ideas ?

[Sidali42]

Hello again . He can open ni using copy from his passport . Too many friends did the same . If u are in london I advise you . For job center in Whitechapel . How long it takes for they sent for him right to work ?