Identity Theft caused visa refusal

[kadsac]

Hi,
Some help would be much appreciated.
Basically I was staying in the UK illegally as an overstayer for the last 7 years but during that time i never worked or claimed public funds infact i was studying paying overseas fees (with family help) and now have a UK degree.
To set things staright i recently came back and got married with my long term girlfriend who is a British National so that I can come back and start our life properly.
I recently applied for a spouse visa at BHC islamabad but they refused my visa saying that there records show that i have applied for a visitors visa and student visa in the past and i did not mention this in my application. The fact is that i was studying in the UK during that time and according to the ECO these application were made while i was in the UK. how can i submit an application when i was not even in the country? I lost my passport in April 2003 which had a visitors visa on it( i have a police report of the lost passport dated apr,2003) so all i can think is that whoever found that passport tried to abuse it and submitted those applications claiming to be me.

Now what do u all think of my situation (am i screwed) my wife is 5 months pregnant and i really wana be with her but this whole thing is getting very stressful for both of us. I am appealing against the decision but everyone knows that this can take upto a year! i just wana be with my wife and be there for the birth of my first child.

what can i do or ask my wife to do from there? please help

[batleykhan]

Imagine me as an ECO and I am looking at your application.Here is what I will be thinking of asking you

You said you came on a visitors visa,but then started to study with financial help from family ( this is called deceit ).

You then lost your passport (convieniantly or incovienantly )and instead of making an attempt to make another one and return home within the time limit imposed byyour visitors visa, you decided to go into hiding and STAY illegally in the UK for 7 YEARS.

You undertook a study course in the Uk and will have no doubt lied somewhere along the line to get on teh course because had you shown your passport to any college with the appropiate visa, you would not have been able to get on teh course.

"Someone" you claimed to have applied for a visitors visa and a student visa in your name, whilst you were here in the UK illegally. Is it not a coincidenece that these two type of visas are the same as yours, or what you should have.

You enjoyed your illegal way life in the UK so much that you wanted more of it and the only way you could do it is by marrying a British citizen and then try and come back legally


Now you tell me how you are going to answer these questions to convince me that you are telling the truth and for me to give you the visa.

personally speaking I think you have screwed your chances very badly by your illegal actions in the past. If all this comes to light during your application, you could say goodbye to teh Uk for a minimum of 10 years.

I am afraid if you do things illegally, you will have to pay a price for it. You may just have done that.

[kadsac]

i'll start with ur first point: The reason why i started studying on visitors visa because the college where i was studyin said i can switch visas once i am enrolled on to the course but then when i lost the passport (very incovienantly offcourse) they said my only option is to leave the course and return home. Now at that point i couldn't leave because i paid the fees for a whole year and going back also meant losing a whole year!! so thats why i took the decision of overstaying ( i was only 18 wat do u expect from a newbie 18 year old in a new country). so i did tell the college about my situation and they misinformed me and also didn't asked me to leave the course...Furthermore when i got to the University they never during the 3 years asked for anything else other than the FEES so i never lied (i am talkin about one of the top 20 universities in the UK).

Your other point: yes someone have claimed to be me and applied for a visa on my lost passport and only way i can prove that is if i get all the info the BHC hold on me.

Yes infact i did enjoy my life in the UK and i will be back there one day. And i know i did stay illegally but during that time i never broke any other laws and tried my best to fit into the society by volunteering often for charities , working as a volunteer for my local hospital, and i was well known in my university as a good student who excelled at studies and represented the university in sports with distinction for which i got few awards as well. Its a shame the only thing missing was a paper stamp in my passport.

anyway thanks for ur advice.

[Juv]

Hi there.
During my first year in London, DVLA lost my passport with 6 month student visa in it and then when i was passing through the borders, I was told that someone reapplied for visa renewal using my doc.
I also had a police report to prove it and you I'm sure you can show them it wasn't you in your appeal. Do you have a solicitor? Anyways, Good luck with everything.
Bests, Juv.

[kadsac]

Juv,

yeah i do have a police report and the photocopies of the old passport. But is there anyway i can get all the data BHC or UKBA hold on me so that i can use that to prove the facts. I am sure whoever used my docs must have missed something a signature or something.

thanks for ur help.

[batleykhan]

Whilst I do not doubt your honesty and integrity,I am not an ECO.

The ECO look for any reason to refuse people,(you only need to read the posts here)Ifyou give them a chance ,they would only gladly oblige by refusing and therefore putting the onus onto you to prove otherwise.

If you appeal, teh ECO should send you all the information that they have based their refusal on. This will include details of teh bogus application. However if you follow this procedure it could take anything up to 6months before a decision is made.Unfortunately you have no choicr but to go through this procedure, as reapplying without appealing will only end in another refusal.

Out of interest did you make it clear on your application what you have stated in this post. I mean are the ECO aware that you stayed illegally in the UK for 7 yrs? because if you havent you could get yourself in deeper trouble.

[kadsac]

Thanks for your help so far. I did tell them every single fact about my last 7 years, me and my wife even wrote letters describing eveything and included them in the application. I am training to participate in a triathlon to raise funds for a charity in august, now i guess that won't happen either.
I really wana be there for the birth of my child, my solicitor suggested i get a schengen visa and go to maybe france or sweden while i wait for the appeal also as my wife will have no problem giving birth there because she is eligible for EU wide healthcare. Is this feasible?? Do u think there will be any problems getting a schengen visa as i have a stamp on my passport from the BHC islamabad.

[Ben]

Do u think there will be any problems getting a schengen visa as i have a stamp on my passport from the BHC islamabad.

If you're going there in the company of, or to join, your spouse the Schengen visa must be issued free of charge and as soon as possible.

However, if I were you, I would be more inclined to go to Ireland, rather than to mainland Europe. Child would be a British, Irish and possibly Pakistani citizen from birth.

If one of you were to get a job in Ireland (which either or both of you would be entitled to do), then, on return to the UK, you can do so under EU law, rather than UK law (free and automatic).

[kadsac]

Don't you think it will be more difficult to get the Irish Visa because it shares borders with UK and you can go in and out without a visa?

And don't the baby get British Nationality anyway because my wife is British?

[Ben]

Don't you think it will be more difficult to get the Irish Visa because it shares borders with UK and you can go in and out without a visa?

No. EU Directive 2004/38/EC pretty much guarantees you a visa, as the family member of an EU national.

And don't the baby get British Nationality anyway because my wife is British?

Yes. But if the baby were born in France or Sweden, he or she would not be also a French or Swedish citizen. Born in Ireland, however, and the baby would be also an Irish citizen.

[Wanderer]

Don't you think it will be more difficult to get the Irish Visa because it shares borders with UK and you can go in and out without a visa?

No. EU Directive 2004/38/EC pretty much guarantees you a visa, as the family member of an EU national.

And don't the baby get British Nationality anyway because my wife is British?

Yes. But if the baby were born in France or Sweden, he or she would not be also a French or Swedish citizen. Born in Ireland, however, and the baby would be also an Irish citizen.

I think that's cos UK and Ireland have a special relationship, after all, we've been blowing each other up far before Islam started doing it....

Sledgehammer wit - my downfall...

Before anyone starts I'm half Irish so I am allowed to say it...

[kadsac]

Thanks alot for replies so far.

so i guess i should try to get to EU with the wife.

Hmmm Wanderer i appreciate ur advice but about ur other comment i think its wrong to say Islam blows ppl up, its a small minority of so called muslims who have lost their minds and don;t want peace in the world. Islam doesn;t even allow to hurt (let alone kill) a single human being (muslim or non muslim) and true muslims r those who follow this basic rule.

I have nothing against anyone who talk bad things about Islam my only wish is that they do some research and clear there facts about this relegion.

[Wanderer]

Thanks alot for replies so far.

so i guess i should try to get to EU with the wife.

Hmmm Wanderer i appreciate ur advice but about ur other comment i think its wrong to say Islam blows ppl up, its a small minority of so called muslims who have lost their minds and don;t want peace in the world. Islam doesn;t even allow to hurt (let alone kill) a single human being (muslim or non muslim) and true muslims r those who follow this basic rule.

I have nothing against anyone who talk bad things about Islam my only wish is that they do some research and clear there facts about this relegion.

I know - my wit sometimes goes to far...

I have a copy of the Qu-ran - in English since I do not read Arabic. I do know a bit. To be honest I find it as baffling as the Bible...

[tote]

Don't you think it will be more difficult to get the Irish Visa because it shares borders with UK and you can go in and out without a visa?

No. EU Directive 2004/38/EC pretty much guarantees you a visa, as the family member of an EU national.

And don't the baby get British Nationality anyway because my wife is British?

Yes. But if the baby were born in France or Sweden, he or she would not be also a French or Swedish citizen. Born in Ireland, however, and the baby would be also an Irish citizen.

I think that's cos UK and Ireland have a special relationship, after all, we've been blowing each other up far before Islam started doing it....

Sledgehammer wit - my downfall...

Before anyone starts I'm half Irish so I am allowed to say it...

HAHAHA .......... AHEM ......... sorry.

[batleykhan]

Can we all stick to immigration matters on this forum and not bring religions matters to it please.Do not abuse or make fun of any religion or ones country.

[sahdi]

Well said BK!!!!! I dont see what religion has anything to do with immigration advise!!!!!!

[Ben]

Wanderer clearly meant it as a joke. A bad, unfunny joke and one that I do not agree with - but it was nevertheless intended as a joke.

And as with many things in life, and as Islam says, the intention is what is important, not the action.

[batleykhan]

Wanderer clearly meant it as a joke. A bad, unfunny joke and one that I do not agree with - but it was nevertheless intended as a joke.

I know Wanderer well enough to know he meant it as a joke, he's done it a few time to me, but there might be others who might be a bit more sensive than a thick skinned yorkshireman than I

[kadsac]

Back to the Topic, really appreciate ur replies.

what will happen to my Appeal if i am somewhere in EU. Do i have to come back to pakistan to reapply after the appeal or would it be possible for me to apply whereever i will be at that time?

What if i get a job in Sweden ( i am a qualified Biomed scientist) as with only my wife's maternity leave pay it will be difficult with our new family. Just wandering that if we are settle in EU and have an ongoing appeal, can we move it to which ever country's resident we are?

[Ben]

Separate UK rules from EU rules. The latter over-rule the former.

As a UK national, your partner has the right to reside in Sweden for up to three months, without any conditions or formalities other than the requirement to hold a valid passport. As a member of her family, you have the right to join or accompany her. You both have the right to work there, from the moment you enter the country.

After three months have passed, you both have the right to reside if your UK national partner is either employed, self-employed, enrolled in a course of study or is financially self-sufficient.

If you are working at that time, your partner would be considered self-sufficient - but you (as a family unit) must be able to exist without recourse to public funds. You also must have comprehensive sickness insurance. If your wife is working, however, those two conditions do not apply.

The ECJ ruling on Singh provides that your partner is entitled to be treated as an EEA national, rather than a UK national, should she (you and your child), move back to the UK after have been resident in another Member State, where your partner has been exercising a Treaty right in an economic capacity. The UK interprets this as employment or self-employment.

As such, it would be wise for your partner to get a job in Sweden, before moving back to the UK. Once in the UK, you have the right to be treated as the family member of an EEA national and should apply for a Residence Card of a family member of a Union citizen. Your previous immigration history in the UK is irrelevant.

[Wanderer]

Wanderer clearly meant it as a joke. A bad, unfunny joke and one that I do not agree with - but it was nevertheless intended as a joke.

I know Wanderer well enough to know he meant it as a joke, he's done it a few time to me, but there might be others who might be a bit more sensive than a thick skinned yorkshireman than I

How dare you! I am an exiled Lancastrian!

Red Rose rulz!

[kadsac]

Separate UK rules from EU rules. The latter over-rule the former.

As a UK national, your partner has the right to reside in Sweden for up to three months, without any conditions or formalities other than the requirement to hold a valid passport. As a member of her family, you have the right to join or accompany her. You both have the right to work there, from the moment you enter the country.

After three months have passed, you both have the right to reside if your UK national partner is either employed, self-employed, enrolled in a course of study or is financially self-sufficient.

If you are working at that time, your partner would be considered self-sufficient - but you (as a family unit) must be able to exist without recourse to public funds. You also must have comprehensive sickness insurance. If your wife is working, however, those two conditions do not apply.

The ECJ ruling on Singh provides that your partner is entitled to be treated as an EEA national, rather than a UK national, should she (you and your child), move back to the UK after have been resident in another Member State, where your partner has been exercising a Treaty right in an economic capacity. The UK interprets this as employment or self-employment.

As such, it would be wise for your partner to get a job in Sweden, before moving back to the UK. Once in the UK, you have the right to be treated as the family member of an EEA national and should apply for a Residence Card of a family member of a Union citizen. Your previous immigration history in the UK is irrelevant.

So wat u mean is that if i go to sweden with my wife and we both stay/work there for a while (more than 3 months) but when we decide to come back to the UK then I'll have no problem entering the UK and i will be able to get UK residence?
it can't be that simple or have i misinterpret what u said?

[Ben]

Separate UK rules from EU rules. The latter over-rule the former.

As a UK national, your partner has the right to reside in Sweden for up to three months, without any conditions or formalities other than the requirement to hold a valid passport. As a member of her family, you have the right to join or accompany her. You both have the right to work there, from the moment you enter the country.

After three months have passed, you both have the right to reside if your UK national partner is either employed, self-employed, enrolled in a course of study or is financially self-sufficient.

If you are working at that time, your partner would be considered self-sufficient - but you (as a family unit) must be able to exist without recourse to public funds. You also must have comprehensive sickness insurance. If your wife is working, however, those two conditions do not apply.

The ECJ ruling on Singh provides that your partner is entitled to be treated as an EEA national, rather than a UK national, should she (you and your child), move back to the UK after have been resident in another Member State, where your partner has been exercising a Treaty right in an economic capacity. The UK interprets this as employment or self-employment.

As such, it would be wise for your partner to get a job in Sweden, before moving back to the UK. Once in the UK, you have the right to be treated as the family member of an EEA national and should apply for a Residence Card of a family member of a Union citizen. Your previous immigration history in the UK is irrelevant.

So wat u mean is that if i go to sweden with my wife and we both stay/work there for a while (more than 3 months) but when we decide to come back to the UK then I'll have no problem entering the UK and i will be able to get UK residence?
it can't be that simple or have i misinterpret what u said?

It is that simple. However, try to make it 6 months in Sweden not 3, to keep the Brits happy. Should matter, but it might be easier for you later in the UK if your partner's been working in Sweden for at least 6 months.

[kadsac]

Separate UK rules from EU rules. The latter over-rule the former.

As a UK national, your partner has the right to reside in Sweden for up to three months, without any conditions or formalities other than the requirement to hold a valid passport. As a member of her family, you have the right to join or accompany her. You both have the right to work there, from the moment you enter the country.

After three months have passed, you both have the right to reside if your UK national partner is either employed, self-employed, enrolled in a course of study or is financially self-sufficient.

If you are working at that time, your partner would be considered self-sufficient - but you (as a family unit) must be able to exist without recourse to public funds. You also must have comprehensive sickness insurance. If your wife is working, however, those two conditions do not apply.

The ECJ ruling on Singh provides that your partner is entitled to be treated as an EEA national, rather than a UK national, should she (you and your child), move back to the UK after have been resident in another Member State, where your partner has been exercising a Treaty right in an economic capacity. The UK interprets this as employment or self-employment.

As such, it would be wise for your partner to get a job in Sweden, before moving back to the UK. Once in the UK, you have the right to be treated as the family member of an EEA national and should apply for a Residence Card of a family member of a Union citizen. Your previous immigration history in the UK is irrelevant.

So wat u mean is that if i go to sweden with my wife and we both stay/work there for a while (more than 3 months) but when we decide to come back to the UK then I'll have no problem entering the UK and i will be able to get UK residence?
it can't be that simple or have i misinterpret what u said?

It is that simple. However, try to make it 6 months in Sweden not 3, to keep the Brits happy. Should matter, but it might be easier for you later in the UK if your partner's been working in Sweden for at least 6 months.

And are you sure that my previous Immigration history will be irrelevant when i apply for a residence card after staying in sweden for 6 months? only reason i am asking is that instead of going through all the appeal process i can take this EU route as both take 6 months only difference is if we live in sweden i will be able to work and save some money for the babys birth. So shall i still lodge the appeal even if i am goin to sweden?

[Ben]

So shall i still lodge the appeal even if i am goin to sweden?

No point.

As you know, you can either use the UK immigration route or the EU immigration route.

While the UK route has it's advantages, it has many disadvantages, too. The EU route is much more transparent, and it's free.

Previous immigration history in the UK does not and can not have any effect on your rights under EU law.