Post
by Ani » Wed Jun 11, 2008 9:45 am
I have posted before but I'll give a brief overview before addressing my current query. Apologies in advance for the lengthy post.
I am an Irish citizen engaged & living with an Albanian for almost 3 years (we have been in a relationship for 3.5 years). He entered the UK 9 years ago as a port entry, but gave a different surname. He was given temporary leave to enter & allowed to work. He has a national insurance number, has always paid tax & NI, & is now self employed with his own business.
In Aug 2007 we applied for EEA2 as we had been living together for 2 years. We still have not had a decision. We have complained to the HO, written numerous letters & telephoned but they have not given us any response other than the standard 'under consideration'. We have now involved Solvit. The HO told them that we had not responded to a letter the HO sent us in Jan so our application was incomplete. However, we have a letter from the HO dated 22 Feb which states they had received our response & that they had everything required to make a decision. This letter has been faxed to Solvit for them to challenge the HO. We are waiting for a response to that. But the longer our case is dragging on the more convinced we are that there is going to be a negative outcome.
My query now is regarding the concession given for voluntarily leaving the country. We are seriously considering withdrawing our application so that he can return voluntarily to Albania & we make an application before 1 Oct from there for him to return. But...
1. Will a withdrawn application affect any future applications?
2. If leaving does he need to declare himself to immigration on departure? & can they enforce anything negative at that point?
3. I've read that an appointment can be booked with the embassey via the internet - how do we do this?
4. Any ideas on the likelihood of us being able to return to the UK?
5. Should we get married in Albania to make a stronger case - although this then leaves the question for them as to a marriage of convenience (which it genuinely is not, we have been engaged for almost 3 years!)
Sorry, again, for the lengthy post but we are really desperate to avoid any kind of ban. & thank you in advance for any advice.