good news or bad news? cannot wait to know,need your support

romanempire · Post by **romanempire** » Sat Dec 13, 2008 12:37 am

Dear all
I had a long story with my husband and the british embassy in albania. I am going to cut the story short because I already have a long post about it and this time there are some news. Mu husabd a former illegal immigrant in the Uk and failed asylum seeker. I am on a work permit in the UK ILR till 2010. We got married august 2008 and that was the first time my husband left the UK. We applied for a visa and I went back to the UK. We applied end of august. He had an interview end of september and since then we did not hear anything from them. Now the whole problem started when my husband in his application did not mention anything about his former status as a failed asylum seeker in the UK. When he had the interview, he saw all the files baout his other name he was using in the UK. He never committed any crimes or anything like that but he was worried that if he mentioned that he used be a failed asylum seeker, he wont have a chance to go back. anyway, the day of the interview when he saw that the lady had the files with her he straight away told everything. she did not mention anything about the fact the he did not put anything about it in his initial application. But since we did not hear from them we thought that it is useless and that we just have to wait till the refusal. however today my husband calls me from albania to tell me that he had a phone call and that he was told to bring his passport with him this monday at 3pm. now we are kind of totally confused because we lost all hope and we thought that they will never call. all I want to ask if you think that this is negative or positive? I know it is a silly question but in those moments of utter stress I need your support. just wish me luck and I will let u know of the outcome.....

eliasuk4u · Post by **eliasuk4u** » Sat Dec 13, 2008 12:56 am

when he saw that the lady had the files with her he straight away told everything

That was the best thing to do as always, Honesty is the best policy and ECO expect that from an applicant especially if he/she already lived in UK.

he had a phone call and that he was told to bring his passport with him this monday at 3pm.

I think its a good sign. Hopefully he will get his passport back with his shiny UK visa in it.

Post by **vinny** » Sat Dec 13, 2008 1:05 am

romanempire wrote:...We applied for a visa and I went back to the UK. We applied end of august....

...however today my husband calls me from albania to tell me that he had a phone call and that he was told to bring his passport with him this monday at 3pm....

Just curious. Why didn't he submit his passport with his application?

Good luck!

sky07 · Post by **sky07** » Sat Dec 13, 2008 2:22 am

Hello, I don't want to dash your hopes but my hubby was told to bring his passport and didn't get the visa....but I really hope yours does! Good luck to you both!

romanempire · Post by **romanempire** » Sat Dec 13, 2008 3:02 am

thanks sky well I know we are not too positive but it is just that we did not even think that they would call.

romanempire · Post by **romanempire** » Sat Dec 13, 2008 3:05 am

well I dont know I guess they did not ask him to submit his passport. they took his passport and kept it till the interview, but then all she said is that they will call him back. that was end of september

sky07 · Post by **sky07** » Sat Dec 13, 2008 10:58 am

Sorry to have been negative....vickivickii's husband got his visa about a week after my husband found out he didn't get his so there is hope! Did they tell him what time to go to the embassy?

sky07 · Post by **sky07** » Sat Dec 13, 2008 11:09 am

I've just seen that you've said that they called him to come to the embassy at 3pm. I hope you get the best news and I have everything crossed for you. Good luck, I know the waiting is awful

romanempire · Post by **romanempire** » Sat Dec 13, 2008 5:27 pm

thanks for your support guys. Actually, I was reading other posts and I noticed that for other applicants who received a phone call they were told on the phone that they have been granted a visa. For my husband they did not say anything all they said is that he needs to come to tirana monday at 3 with his passport. Is it a norm for those who have the visa to get answer on the phone?

sky07 · Post by **sky07** » Sat Dec 13, 2008 9:34 pm

I remember vickivickii's husband was just told to come to the embassy so they didn't tell him over the phone. It is such an ordeal playing the waiting game, but not long to go now!

Post by **Frontier Mole** » Sun Dec 14, 2008 1:03 am

If the spouse visa application did NOT detail the previous stay in the UK then it will be more than likely be a refusal. Your husband telling the truth at the interview works as a double edged sword. If he did not tell the truth then he is dammed, if he does tell the truth then he is still dammed.
The very fact he did not put the information about his previous failed asylum claim in the UK under a different name in his application is justification enough to place a 10 year deception ban against him. He has confirmed the information they already knew but it is not readily going to get him out of the mess.
Why on earth did he not put in the full details? There are many with equally bad immigration histories that have made it through, especially those that left the UK before 1st October.
He knew his finger prints were taken when he claimed asylum and he knew they would be taken as part of his visa application so why did he think he would not be found out?
I hope it is good news but I really think it will be solely to put a stamp with a line through it and to issue the refusal with a mandatory ten year ban.

Post by **PaperPusher** » Sun Dec 14, 2008 1:07 am

I am on a work permit in the UK ILR till 2010

This also means that you are not settled in the UK. Are you an EEA national? If not, this means his case may more difficult.

romanempire · Post by **romanempire** » Mon Dec 15, 2008 5:46 pm

well, my husband did not get the visa. we have all we could, effort and money but at the end we did not make it. I guess I am gonna have to start and look at the appeal option. I will appreciate any advice or any solicitor that you can refer me to. I am totally lost and confused.
Thanks for your support

sky07 · Post by **sky07** » Mon Dec 15, 2008 5:54 pm

I'm really sorry romanempire, at least the wait is over and now you can make plans for the next stage. I know it is no consolation...
My husband and I are in the same position. He was refused entry clearance on 4th Nov, I filled out the form for the AIT and faxed to them on 5th Nov, I received a letter from AIT on 11th Nov copied to the embassy asking them to submit the docs by March. I have said on the AIT form that I am his sponsor and representative but I am looking for representation myself.
I am hoping that Victoria will represent me and am in touch with her.
I have sent three emails to the embassy and my mum has sent one begging them to reconsider, and today I got an email from them saying that they uphold the decision so I am a bit depressed again.
It is really sad for us all but we fight on!
Take care

Post by **PaperPusher** » Mon Dec 15, 2008 8:19 pm

Hello romanempire

You must be disapointed to hear about the refusal.

You did not answer my questions. You said you are on a work permit. What country are you from?

Family members of settled people do not have an automatic ban if they have previously abused the immigration system, but you have posted that you are on a work permit, which makes things more complicated.

When I say abused the system I am refering to the following:

my husband in his application did not mention anything about his former status as a failed asylum seeker in the UK. When he had the interview, he saw all the files baout his other name he was using in the UK

When he used the other name, did he also say he was from somewhere else, say Kosovo, and give a different date of birth, perhaps making him under 18 when he wasn't?

The bogus name and not telling the truth on the application is serious, particularly because in your case you do not appear to have ILR or be British. There may also be more such as nationality and age that he has not told the truth about, if so it may complicate things even more.

What are the reasons that you cannot join him in Albania, you are young & qualified (work permit) and not British?

Regards

romanempire · Post by **romanempire** » Mon Dec 15, 2008 10:08 pm

thanks sky, well I think this is going to be my next step, a nice person so supportive has also suggested that I get in touch with Victoria I sent her an email today and hope she will get back to me
To answer paper's questions: I have a great a job in the UK that is why I was given a resident permit and I am also doing my Phd in London which is sponsored for me so I reckon it is not ideal for me to go to Albania. He did not have the ban though, he did not lie about the kosovan identity he had in the UK, and they mentioned on the refusal letter that they appreciated the fact that he mentioned evrything about his failed asylum in his interview. th egrounds of refusal are that he should have left the UK 2005 when he was refused asylum.

Post by **Frontier Mole** » Mon Dec 15, 2008 11:53 pm

They are using the significantly contrived to frustrate immigration process part of the new rules. As I said he was faced with a double edged sword, he could not win no matter what he did.
They have been somewhat forgiving on one hand and not gone for the deception which they could have regardless on him telling the truth or not. But they have ensured that the overall outcome remains the same with the significantly contrived etc as this is a nightmare to put up a defence against. His own history can not be rewritten and the PO will go for the deception employed in the asylum claim at the appeal, regardless of what the refusal says.

Are you applying for a spouse visa or a dependent visa?
Being on a WP would suggest a dependent visa.

The other option is of course to return to your own country to live.

I struggle to see how you can win an appeal given the circumstances but perhaps with profesional advice there may be a way to try.

3crown · Post by **3crown** » Tue Dec 16, 2008 9:26 am

I'm sad for you - not the news I was expecting...

but wishing good things to come for you ...

romanempire wrote:thanks sky, well I think this is going to be my next step, a nice person so supportive has also suggested that I get in touch with Victoria I sent her an email today and hope she will get back to me
To answer paper's questions: I have a great a job in the UK that is why I was given a resident permit and I am also doing my Phd in London which is sponsored for me so I reckon it is not ideal for me to go to Albania. He did not have the ban though, he did not lie about the kosovan identity he had in the UK, and they mentioned on the refusal letter that they appreciated the fact that he mentioned evrything about his failed asylum in his interview. th egrounds of refusal are that he should have left the UK 2005 when he was refused asylum.

Post by **Frontier Mole** » Tue Dec 16, 2008 9:52 am

Frontier Mole wrote:They are using the significantly contrived to frustrate immigration process part of the new rules. As I said he was faced with a double edged sword, he could not win no matter what he did.
They have been somewhat forgiving on one hand and not gone for the deception which they could have regardless on him telling the truth or not. But they have ensured that the overall outcome remains the same with the significantly contrived etc as this is a nightmare to put up a defence against. His own history can not be rewritten and the PO will go for the deception employed in the asylum claim at the appeal, regardless of what the refusal says.

Are you applying for a spouse visa or a dependent visa?
Being on a WP would suggest a dependent visa.

The other option is of course to return to your own country to live.

I struggle to see how you can win an appeal given the circumstances but perhaps with profesional advice there may be a way to try.

Read your other posts.

Given you are on a WP and have not got any long term status you must have applied for a dependent visa on the back of your WP. There is not a hope of winning at appeal. You do not even have an Art 8 claim as you have no status in the UK in your own right and can return to your own country to carry on your married life. It is of no consequence about your job or studies.
You also met and formed a relationship while he had no status in the UK so that will not help you. The UK is not under any obligation to let this person back in. I think if you want to enjoy married life with this person your only choice is to go back home. That will sort out the true course of love.

romanempire · Post by **romanempire** » Tue Dec 16, 2008 5:38 pm

thanks crown for your suppport, life is not easy but one has to keep going and struggle

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good news or bad news? cannot wait to know,need your support

good news or bad news? cannot wait to know,need your support

Re: good news or bad news? cannot wait to know,need your sup

thanks for your reply

thanks vinny

bad news :-(