Overstayer + 1 Crim Conviction BUT have British Partner

[WA]

I Overstayed when my student visa expired and was arrested when the immigration officers called into a property where I rented a room in search of someone different. As is thier custom I understant, they searched every room and asked for the status of those present.

I had my room searched and a passport was recovered with a fake ILR visa, my status was verified as a overstayer and was arrested. I was sentenced to 4 weeks for possession and the judge did state that although I was in possession of a forged visa, I had not used it to enrich myself. I served 2 weeks in. I had been working using the student visa and had been with my agency for 4 years.

On release after 2 weeks, I was Issued with IS151 and asked to sign every Monday but in fear of getting detained and deported, I absconded.

I have a partner who is a British Citizen and marriageis on the cards.

1. If I voluntarily leave the country to get married in my coutry, will the IS151 close my overstaying chapter?

2. What will be the implications of my absconding from signing?

3. What are my chances of re-entry?

4. If we get married through the COE in country, would I be able to use the recent ruling in Chikwamba v Secretary of State for the Home Department [2008] UKHL 40; [2008] WLR (D) 202.

Please help

W

[farneybunny]

If we get married through the COE in country, would I be able to use the recent ruling in Chikwamba v Secretary of State for the Home Department [2008] UKHL 40; [2008] WLR (D) 202

Doesn't the case mentioned involved children? If so then I very much doubt it but again, I am no expert. My full understanding on that case is that it affects 'family life' but I very much doubt that without a child they will say you will be affected in any way. If you read most of the post on this website (as I religiously do everyday) you will find that there are couples who have been separated for a very long long time.These p***s have so many ways of getting their ways around. Even with a child, it's not that simple. There will be people in this forum who will tell you that the 'marriage is on the cards' sounds like marriage of convenience but again I may be wrong.

Anyway, good luck and I'm sure a lot of ppl will advice you on this. They're very helpful....

[WA]

Thank you farneybunny for your response but I probably used the wrong words 'marriage is on the cards'. My boyfriend proposed long before I was arrested just that the timing of the arrest was unfortunate.

Regarding the Chikwamba - I have thorough read the case and YES it does involve children which is not the case in our relationship.

I have also made further research and found out that DP3/96 has been revoked by the HO in April 08.

Well, I my question now is will the IS151 cancel my overstay status?

I will welcome any suggestions from anyone please.

WA

[republique]

What kind of place were you staying in that they raided?

[WA]

It was a house where each room was rented out and had been in the process of moving out to live with my boyfriend. After release, I then moved in with my boyfriend as I felt I could no longer continue living at the previous address.

[4444]

i think you are wrong when you say Chikwamba does include people with children alone. it include anyone who has established a family life in UK. its only that the appellant in that case had a child but the main argument was weather it was proportionate to send her to Zimbabwe ,with or without her child to get entry clearance.

[4444]

chikwamba is a decision which involves people who have established family life here whether they have children or not

[Frontier Mole]

Chikwamba:

This case is being banded about like the Holy Grail for just about every immigration case that involves family life.

The case is solely about the proportionality of returning to Zimbabwe to apply for entry clearance. It is not about having a family in the traditional sense partner/spouse & children, it is also not an answer to every overstayers wish to upgrade their status in country through marriage either.

What it does set out it is no longer acceptable for UKBA to say you must return to your country of origin in certain "exceptional circumstances". The circumstances must involve conditions that are so bad just returning to your COI puts you at humanitarian risk. This is why ZIM has been singled out. Some dubious rep's have been suggesting this applies to any country and is an end to having to go to your COI to regularise your position. This is nonsense and as far as I am concerned a pathetic attempt to drum up business from the desperate.

It does however open up the way for a very small number of countries to be excluded from the standard retort of - you must return there and apply. So far it only applies to ZIM, no doubt a couple of other countries will quickly be added to the list.

[Frontier Mole]

Opps, forgot to add in the bit about the OP's chances.

Please note I am not a friend of immigration abusers

Your chances of success are NIL. You have been found in possession of a false instrument, been convicted of an immigration offence and have absconded into the bargain.

The IS151 is the least of your worries. If you voluntarily leave the country the chances of a successful entry clearance to return are zero. The deception tag is already set against you, that is a mandatory 10 year ban.

If you stay and get caught you will be removed at public expense - guess what that gets you a mandatory 10 year ban. Either way you are not coming back to the UK.

As for getting married in the UK, you will not get a COA from UKBA. Even if you managed to get married in the Anglican Church to circumvent the COA it will not stop your removal. You are just way too far down the line to recover your position in the UK.

If your bf is truly serious about marriage then he might want to think about moving to another EU country to work as that way there are options.

[Ben]

Your chances of success are NIL..

Your chances of success are 100%. But as Frontier Mole mentioned at the bottom of their post, you have to go to another EU country first.

Once you are married, you and your husband are free to move to another EU country and stay their for up to three months. If you want to stay longer, one or both of you need to get a job there, or your husband needs to be in education. This is called exercising EU Treaty rights.

Once your husband has exercised his EU Treaty rights (with you) in another EU country, he is free to return to the UK (with you), using EU regulations, rather than UK regulations.