Advice much needed for me and Albanian fiance

[Laurita7]

Hi all,

I am a newbie here. Hmm how to cut a long relationship and all its history short...

I am from London and I met my fiance in Greece 7 years ago. I was 15, had no way of bringing him over etc let alone going to see him.

2 years approx after we met he was arrested for posession of 3gr cocaine. Yeah, in the UK that would have been a warning at a police station and have a nice life. In Greece however, things very different. He received an 8 YEAR sentence and served 4 years. He was released last year and sent back to Albania.

He walked back to Greece and was there illegally until 3 days before Xmas 08 when we decided to try and get him into the UK using a Greek Identity Card/Passport, fake. It was basically a last resort decision. He was stopped and deported back to Greece where he spent about a month waiting to go back to Albania. He is now in Albania again.

We have not been able to be together on a permanent basis for 7 years and we are just so desperate to be together. I am now 22 and in University, I have been to see him in Greece/Alb whenever I have had time off and money. It is just so difficult.

Therefore I cannot offer to help with a spouse or fiance visa, or at least I don't think I can. If I could, I would use my father's home and finances as our support/sponsor in an application. I do also have a part time job where I earn about £100 a week. I have evidence re photos, flights, letters galore.

I have read about the criminal offences section of an application, and I remember something about when assessing they would see into what the jail sentence would have been for what he did in Greece, in the UK. As this wouldn't even lead to a jail sentence in the UK as a first conviction, I have some hope for this.

So:

1) Been in prison
2) Been caught out at airport in London
3) I don't have a home

I really just do not know what to do anymore, and do not even know if there is anything I can do. I am so sad with my life and fed up, I just need him here

Really sorry for long first post and would appreciate any advice from the bottom of my heart xx

[sky07]

Hi Laurita,
It is really hard to be without the one you love and it might feel like things are against you in your situation.
I can't say this is going to be easy for you but maybe in time things will get better.
In my situation I met my Albanian husband in London in 2007, he was here illegally but didn't get caught. We decided to get married and he flew to Albania last year and we got married and applied for the visa.
I have a job and a flat and could prove that I had £94 a week left after all bills were paid. We had some bills in both our names and lots of photos together and letters of support from my family.
My husband was refused the visa because he sought to frustrate the UK immigration laws. He also had a history of going to Greece illegally and being caught and sent back to Albania but I don't think this was used against him although he was honest about his past.
We are the process of appealing.
Perhaps in your situation you need to finish uni, get a job, get six months payslips and bank statements, get married in Albania and then apply for the spouse visa. You will need to prove that the home you live in is big enough for all the occupants including your husband.
It is not a quick and easy process and there is pain and heartache involved but I hope there is a happy ending for you and your fiance.
Let us know how you get on. Good luck

[Laurita7]

Hi Sky, many thanks for your advice.

I just feel as if I cannot wait until then
Even if I did all that you suggested, would he not just be refused for having been in prison?

I am also thinking about visa liberalisation, when that comes about. I know it was meant to be in June of this year but not sure now? I was considering going to live with him in Alb/Greece (most prob Greece) until visa liberalisation was granted and come back together that way - although he would not be able to "legally" work. Even so, it could be my only option.

[Casa]

Criminal record with prison sentence for drug offences + attempt to enter
the UK with false passport...not looking good.
Visa Liberalisation? What's that?

[John]

I am also thinking about visa liberalisation, when that comes about. I know it was meant to be in June of this year but not sure now?

What is this visa liberalisation that you talk about?

One possible way forward is for you to fly to Albania and the two of you get married there. You then plan to live and work in Greece (or any other EEA country, part from the UK) for a few months, and your husband (as he would be) applies for a visa to join you in that country.

Then after a few months of you exercising your EU treaty Rights in say Greece, or wherever, an application is made at the local British Embassy for an EEA Family Permit for your husband, to enter the UK. If that is granted he would not only have the right to enter the UK but to work. That is, you would use the so-called Surinder Singh route.

[Laurita7]

Hi guys.

Thanks for all advice.
The visa liberalisation is an agreement which is meant to be happening between the EU and Albania so that Albanians will no longer need a TOURIST visa to travel in any of the EU countries.
This for me, obviously, is a godsend. They would not have rights to work, but he would still be able to get here - and after 7 years of waiting, that is all that I would care about believe me. It is meant to happen in June 2009 (this year), but I have read in some places it may be delayed until June 2010 as, yet again, the Albanian Government fails to meet targets. I think it also depends on how smoothly the elections run in a couple of months. Fingers crossed it happens soon.

You can read more about it in articles if you put "visa liberalisation Albania" into google. Here is an example of a news article on this subject:
http://beta.setimes.com/cocoon/setimes3 ... 0/28/nb-03

[sky07]

Article about visa liberalisation - apparently there were talks on 19th Feb in Brussels about this

http://www.balkantravellers.com/en/read/article/882

EU May Postpone Visa Regime Liberalisation for Albania Until 2010

25 November 2008 | The liberalisation of Albania’s visa regime with the EU may be delayed until 2010, instead of 2009 as was expected previously.

The delay was included in a report written by France, which currently holds the EU Presidency, Albanian media reported. The document, which is expected to officially come out next week, outlines the duties and responsibilities of the countries that have signed Stabilisation and Association Agreements with the EU, which – beside Albania, include Croatia, Macedonia, Montenegro, Serbia and Bosnia and Herzegovina.

The inefficiency of the measures taken by Albania in its fight against organised crime and corruption were reportedly cited as the main impediment to dialogue for the free movement of Albania citizens in the EU, according to reports.

As BalkanTravellers.com reported at the end of October, it was expected that the visa regime between Albania and the 27 member states of the EU will be liberalised in June of 2009.

Before that could happen, however, the Balkan country would have to fulfil a list of requirements, including issuing more secure documents to its citizens and stepping up the fight against illegal migration, organised crime and corruption.

As BalkanTravellers.com reported in September, Albania is already in the process of supplying its citizens with high-security identity documents, including cards and passports with biometric data. That process – according to Lulzim Basha, is one of the government’s priorities.

The EU visa regime liberalisation is part of the Union’s general initiative to ease restrictions for the Western Balkan countries. It started a dialogue with Serbia in January of this year and continued with Macedonia and Montenegro in February.

Although the news about the visa liberalisation delay is bad news for Albania, some categories of Albanian citizens, such as students, athletes, cultural workers and journalists have an easier access to visas to the EU. In addition, the visa fee for Albanians was lowered from 60 to 35 euros and visas that are valid for up to five years and allow multiple entries are now issued.

[Laurita7]

Yeah, to be honest it pretty much sucks for me that it may not me given this June, I think it strongly depends on how the elections go.
However, if it was given next June then I could deal with this.
Although in 2010, it could be 2011, and in 2011 they could say 2012 - and so on

[sky07]

Laurita, personally I think it is really important that you finish your degree and continue to visit your fiance in your holidays. Your education is very important and will help with your future plans to work in whatever country you decide to settle in.
It is really difficult to wait for something that you passionately want but there is no quick and easy way to overcome this situation so whatever route you take, it will take time.
The sad fact is that for Albanians it is really hard to find employment that sustains even the most basic quality of life so that is the reason that so many have to try to find a way to work in other countries. Then they are caught and punished and this impacts on theirs and their partners' futures. I can't comment on the drugs conviction but this may make things more difficult.
My husband was imprisoned for one month in Greece for being there illegally and was beaten every day by the guards so I know that greek "justice" is particularly brutal and I am half greek.
Once your degree is completed and you get married and apply for the visa, even if it is refused first time (make sure your application is as strong as possible though showing phone bills, photos, letters of support, proof that the relationship is genuine and subsisting, that you can support both of you financially) then you can appeal and get a solicitor to represent you.
Yes it is a long road but we have to fight for what we want and believe in.
My husband is in Albania and we miss each other so much and only see each other every 2 months for a few days as I can't get much time off work. Our phone bills are hundreds of pounds every month and this experience has been so traumatic but he is the only one for me so all this has to be worth it in the end.

[Laurita7]

Thanks Sky,

I am going to continue with my studies but when I finish (in 15 months time) I do think it is my only option to go Greece, stay with him, and come back when visa liberalisation is granted. I know I will not be in the position to offer anything for a visa, I will be in great debt with student loans, and bank overdrafts. I will also definately not be able to afford visa fees, solicitor fees, appeals and all of this. I just cannot bear to be without him after university ends, it has been now 7 and a half long years and one day after I finish uni will seem too much without him, knowing I can be with him every day. I am just not convinced he would get a visa, even on appeal. I know when uni ends I will not be able to afford any of this!

I do see visa liberalisation as an option because if it does happen in 2009/10 then he will be able to come here and then we can sort everything out after I start working.

[Wanderer]

Personally I can't see Albanians being granted visa free entry to UK certainly in the near future, let's face it they don't have the best reputation for fulfilling the terms of their visas as is the norm when it's disadvantaged so much one way....

These visa waiver are usually two way things, this move would be a one way benefit.

Ukraine has been after this sort of thing for years.......

[Laurita7]

Well this is an official agreement and so far Albania has stuck to its targets more or less. Like I said before it mainly depends on this year's general election and how that goes.
To be honest I am past caring about whether it is a two way or one way benefit, it would benefit me and I have to be selfish about this!
It is def happening in the next couple of years, max 2011.
They wouldn't have to fulfil any requirement on a tourist visa if they didn't have one. They would just be able to travel anywhere and now be allowed to work.
Most Albanians who want out of their country are out already so it wouldn't have a huge effect on Europe especially as officially, they wouldnt be able to work.

[edro]

hi
as u r british i think it would be easier to bring him in while you working any where in europe,but not uk or greece as he was in prison,if he get recidence card anywhere in europe he'll be able to work,then you can bring him here.

[mirnat]

Hi Laurita

I just wanna say how sad I was to read about your post and I'm afraid I too agree that it may well be a long and difficult path ahead that u face but I admire your courage and strength in not giving up! My situation was slightly less difficult (although at the time it felt like a complete nightmare!). Basically I am a British Citizen (born and degree educated here in the UK etc) and my husband is Albanian. When we met he was here illegally and had been for about 5 years. One day the police stopped my car doing a routine check in the area and basically they removed my husband and his brother who were both in the car at the time and were here legally and sent them back to Albania. That was in October 2006. I went over to Albania in November 2006 to get married and he applied for a 2 year spouse visa from Albania to come back legally to the UK. His brother got his fiance visa in 6 weeks and was back in time for Christmas. My husband on the other hand had to wait 4 months until March 2007 before he got his visa and that was a hard 4 months being without him! I did like u just concentrated on working, saving up money go visit him every month and just hoped and prayed they would grant him the visa. Of course he was honest about his previous immigration history (i.e. originally claiming he was from Kosovo and trying to seek assylum) but he has never had any criminal convictions as far as I know! His 2 year spouse visa expires in a week's time in fact and we've already put in his application for indefinite leave to remain and are just awaiting the outcome of that. I notice that at every stage they do check on criminal histories of applicants - the spouse visa form had a question about this, the ILR form did too and I've also looked at the application for naturalisation which he can apply for next year (assuming he gets his ILR) and that too poses questions about involvement in criminal activities so it's obviously something that your fiance would have be honest about and couldn't hide! I think the most important thing, as well as get the finances sorted out after Uni with a job, house etc is to keep all documentary evidence of your subsisting relationship. Don't worry too much about your property - I was only renting a bedsit at the time my husband applied for a spouse visa and they could see this but at least it was a room that we had privately to ourselves!

I wish u the best of luck for the future!