Spouse is an Overstayer

[CircleOfLife]

Hi all,

I have only recently found this forum - trawling it for weeks and hope someone can provide some encouragement/guidance for my situation. My husband and I have had a horrendous time with immigration matters/Home Office for over 20 years, and I personally have reached the end of my tether.

I am a British national (born in the UK many moons ago) - married to a Pakistani national, married in 2004 in the UK.

Timeline is as follows:
1995 - Spouse legally entered UK in 1995.
1998 - Spouse granted ILR in 1998. Did not take up citizenship - personal family circumstances and life stuff got in the way.
2004 - We met in 2000 and married in the UK in 2004.
2005 - His father died in Pakistan, his solicitor advised him fine to travel. He went for 4 weeks but was stopped at immigration. Could not board the flight. Discover ILR had been revoked/cancelled when he exited the UK and entered Pakistan. His mum, siblings, whole family are British nationals from 1990's and onwards.
2005-2011 - He was not allowed to enter UK - all applications kept getting rejected. Spouse/family private life etc. I was a uni student when I initially met him hence funds were limited but I held down 3 jobs for this. Horrific time of my life, limited funds and family support, a uni student, working, tired etc.
2011 - Granted spousal visa for 2.5 years after 6 years worth of appeals and judicial reviews.
2013 - Further application submitted, refused. Cannot prove suitability character etc. Clean record.
2013-2022 - Now had a further 9 years of more rejections, all applications possible have been submitted. Reasons are repeatedly suitability and character. He has no criminal records at all anywhere and police records confirm this. Changed solictors so many times as they would withdraw from case after rejections. Detained for removal 4 times in nearly 10 years for months on end. Always bailed out in the end. I cannot have kids sadly (repeated miscarriages) - probably due to the immense stress and breakdowns of the immigration scenario. I am estranged from my family so have no support, although have his mum, who he is a full-time carer for, for the last 7/8 years. I needed him to stay with me all these years in the UK. This would class him an overstayer.
January 2022 - fresh application submitted with fresh evidence of his full-time carer role via support letters and medical evidence from Social Services, local council, MP, GP and hospital evidence of his full-time carer role. I manage finances and run the house.
05 July 2022 - Home Office decision received. He remains an overstayer, even though I am a British national HO said I can go live with him in Pakistan and continue relationship there, mum to be transferred to a care home to receive care. No appeals allowed, no fresh applications allowed. Arranging deportation within weeks/months.

Sorry for the long post, sorry for the convulted history, sorry if this is in the wrong section.
I am now late 40's, he is now late 50's and his mum late 80's.

Is it time to give up on everything?

Thank you for taking the time to read this. Any supportive words of encouragement, or advise, or action plan, would be greatly appreciated.

[Ticktack]

Hi all,

I have only recently found this forum - trawling it for weeks and hope someone can provide some encouragement/guidance for my situation. My husband and I have had a horrendous time with immigration matters/Home Office for over 20 years, and I personally have reached the end of my tether.

I am a British national (born in the UK many moons ago) - married to a Pakistani national, married in 2004 in the UK.

Timeline is as follows:
1995 - Spouse legally entered UK in 1995.
1998 - Spouse granted ILR in 1998. Did not take up citizenship - personal family circumstances and life stuff got in the way.
2004 - We met in 2000 and married in the UK in 2004.
2005 - His father died in Pakistan, his solicitor advised him fine to travel. He went for 4 weeks but was stopped at immigration. Could not board the flight. Discover ILR had been revoked/cancelled when he exited the UK and entered Pakistan. His mum, siblings, whole family are British nationals from 1990's and onwards.
2005-2011 - He was not allowed to enter UK - all applications kept getting rejected. Spouse/family private life etc. I was a uni student when I initially met him hence funds were limited but I held down 3 jobs for this. Horrific time of my life, limited funds and family support, a uni student, working, tired etc.
2011 - Granted spousal visa for 2.5 years after 6 years worth of appeals and judicial reviews.
2013 - Further application submitted, refused. Cannot prove suitability character etc. Clean record.
2013-2022 - Now had a further 9 years of more rejections, all applications possible have been submitted. Reasons are repeatedly suitability and character. He has no criminal records at all anywhere and police records confirm this. Changed solictors so many times as they would withdraw from case after rejections. Detained for removal 4 times in nearly 10 years for months on end. Always bailed out in the end. I cannot have kids sadly (repeated miscarriages) - probably due to the immense stress and breakdowns of the immigration scenario. I am estranged from my family so have no support, although have his mum, who he is a full-time carer for, for the last 7/8 years. I needed him to stay with me all these years in the UK. This would class him an overstayer.
January 2022 - fresh application submitted with fresh evidence of his full-time carer role via support letters and medical evidence from Social Services, local council, MP, GP and hospital evidence of his full-time carer role. I manage finances and run the house.
05 July 2022 - Home Office decision received. He remains an overstayer, even though I am a British national HO said I can go live with him in Pakistan and continue relationship there, mum to be transferred to a care home to receive care. No appeals allowed, no fresh applications allowed. Arranging deportation within weeks/months.

Sorry for the long post, sorry for the convulted history, sorry if this is in the wrong section.
I am now late 40's, he is now late 50's and his mum late 80's.

Is it time to give up on everything?

Thank you for taking the time to read this. Any supportive words of encouragement, or advise, or action plan, would be greatly appreciated.

First time I've read something here (forum) and I'm utterly gobsmacked. I shouldn't even be typing as I have nothing positive to say, but I just wanted to let you know that I feel your pain.

Hopefully, the brighter legal minded moderators/experts might have something to say.

Just hang in there!

[vinny]

2005 - His father died in Pakistan, his solicitor advised him fine to travel. He went for 4 weeks but was stopped at immigration. Could not board the flight. Discover ILR had been revoked/cancelled when he exited the UK and entered Pakistan. His mum, siblings, whole family are British nationals from 1990's and onwards.

It seems 2005 was the time when his root problems had started. Why did he need his solicitor’s advice on travelling? Did he discover why they had revoked his ILR? Didn’t he have a right of appeal?

Try SAR to find out more?

[kamsi]

I think there’s has to be more to this story, clearly for him to have been refused on suitability grounds means that there’s some sort of criminality involved.

[AmazonianX]

I think there’s has to be more to this story, clearly for him to have been refused on suitability grounds means that there’s some sort of criminality involved.

Are you saying every refusal in suitability grounds is a pointer to applicant having criminal record?

[JB007]

I think there’s has to be more to this story, clearly for him to have been refused on suitability grounds means that there’s some sort of criminality involved.

Are you saying every refusal in suitability grounds is a pointer to applicant having criminal record?

There are some crimes (committed in any country) that under UK rules means they cannot stay in the UK. although these could use the EU rules to move to/stay in the UK. But even before Brexit, althought the EU said they could live in the UK and have the EU PR, they still could not have British citizenship.

Anyway, there is this article that vinny has linked before, pointing out that -
"There's actually no right to family life in the UK"
https://freemovement.org.uk/article-8-r ... in-the-uk/
As that article was written when Free Movement to the UK was allowed, I assume that this will apply to EEA citizens/those using the EU regs, too now?



The UK is also watering down the European Court of Human Rights in the UK. An extract below-

The Bill will make clear that the UK Supreme Court is the ultimate judicial decision-maker on human rights issues and that the case law of the European Court of Human Rights does not always need to be followed by UK courts.

Deputy Prime Minister, Lord Chancellor and Secretary of State for Justice, Dominic Raab said:

The Bill of Rights will strengthen our UK tradition of freedom whilst injecting a healthy dose of common sense into the system.

These reforms will reinforce freedom of speech, enable us to deport more foreign offenders and better protect the public from dangerous criminals.

The Bill of Rights will make it easier to deport foreign criminals by allowing future laws to restrict the circumstances in which their right to family life would trump public safety and the need to remove them.

It will mean that under future immigration laws, to evade removal a foreign criminal would have to prove that a child or dependent would come to overwhelming, unavoidable harm if they were deported.

As a result, any new laws will curb the abuse of the system that has seen those convicted of hurting their own partners and children evade removal by claiming it would breach their right to family life in the UK.

The Bill of Rights will also:

https://www.gov.uk/government/news/bill ... hts-claims


A Bill to reform the law relating to human rights.
https://bills.parliament.uk/bills/3227

[JB007]

Why did he need his solicitor’s advice on travelling?

That's what I wondered when I read that.

[AmazonianX]

I think there’s has to be more to this story, clearly for him to have been refused on suitability grounds means that there’s some sort of criminality involved.

Are you saying every refusal in suitability grounds is a pointer to applicant having criminal record?

There are some crimes (committed in any country) that under UK rules means they cannot stay in the UK. although these could use the EU rules to move to/stay in the UK. But even before Brexit, althought the EU said they could live in the UK and have the EU PR, they still could not have British citizenship.

Anyway, there is this article that vinny has linked before, pointing out that -
"There's actually no right to family life in the UK"
https://freemovement.org.uk/article-8-r ... in-the-uk/
As that article was written when Free Movement to the UK was allowed, I assume that this will apply to EEA citizens/those using the EU regs, too now?



The UK is also watering down the European Court of Human Rights in the UK. An extract below-

The Bill will make clear that the UK Supreme Court is the ultimate judicial decision-maker on human rights issues and that the case law of the European Court of Human Rights does not always need to be followed by UK courts.

Deputy Prime Minister, Lord Chancellor and Secretary of State for Justice, Dominic Raab said:

The Bill of Rights will strengthen our UK tradition of freedom whilst injecting a healthy dose of common sense into the system.

These reforms will reinforce freedom of speech, enable us to deport more foreign offenders and better protect the public from dangerous criminals.

The Bill of Rights will make it easier to deport foreign criminals by allowing future laws to restrict the circumstances in which their right to family life would trump public safety and the need to remove them.

It will mean that under future immigration laws, to evade removal a foreign criminal would have to prove that a child or dependent would come to overwhelming, unavoidable harm if they were deported.

As a result, any new laws will curb the abuse of the system that has seen those convicted of hurting their own partners and children evade removal by claiming it would breach their right to family life in the UK.

The Bill of Rights will also:

https://www.gov.uk/government/news/bill ... hts-claims


A Bill to reform the law relating to human rights.
https://bills.parliament.uk/bills/3227

Thank you JB007.

[CircleOfLife]

Thank you for all your comments.

Re- why did he need to check solicitors. We were just double checking whether okay to travel because he wasn't a British citizen and neither of us knew whether you could travel if not holding British passport/citizenship but despite having indefinite leave to remain.

Subject access request is a good idea - thank you vinny.

Have obtained national police records for him in Pakistan and UK. Both came back clear. The SAR will prove helpful.

[Ticktack]

Thank you for all your comments.

Re- why did he need to check solicitors. We were just double checking whether okay to travel because he wasn't a British citizen and neither of us knew whether you could travel if not holding British passport/citizenship but despite having indefinite leave to remain.This just sounds a bit weird to me. Even people with student visas are able to travel back and forth without checking from anyone before they go. Has he never left the UK before he got ILR since he first came? Certainly, before applying for ILR, you'd have an idea of what powers it (ILR) gives you.

Subject access request is a good idea - thank you vinny.

Have obtained national police records for him in Pakistan and UK. Both came back clear. The SAR will prove helpful.

[kamsi]

I think there’s has to be more to this story, clearly for him to have been refused on suitability grounds means that there’s some sort of criminality involved.

Are you saying every refusal in suitability grounds is a pointer to applicant having criminal record?

Yes.