illegal immigrant needs help

bbbb · Post by **bbbb** » Tue Nov 10, 2009 10:47 pm

Hello ,

For starters , pls don't judge me.

Entered in the UK twice illegally now planning to go back next year in my country for a spouse visa...

Do I face a ban?? if yes for how long??

Do you know someone who has been in the same situation?? if yes could you get in touch with me ?

finally , if someone , out there, knows a good solicitor please give me his(or her) contact...

thank you beforehand

Wanderer · Post by **Wanderer** » Wed Nov 11, 2009 9:51 am

If u used deception yes, u face a ban.

bbbb · Post by **bbbb** » Wed Nov 11, 2009 10:32 am

Thank you.

I did. For how long could I be banned??

meats · Post by **meats** » Wed Nov 11, 2009 10:34 am

bbbb wrote:Thank you.

I did. For how long could I be banned??

10 years

bbbb · Post by **bbbb** » Wed Nov 11, 2009 10:54 am

So It would be better to stay illegally...

A solicitor told us that but we want to make things rigth...

meats · Post by **meats** » Wed Nov 11, 2009 10:57 am

bbbb wrote:So It would be better to stay illegally...

A solicitor told us that but we want to make things rigth...

What's stopping your partner going to live with you in your home country?

What's the point staying illegally? You'll always be running the risk of being found and deported and then definitely banned. Better to leave and try to legalise your stay.

Wanderer · Post by **Wanderer** » Wed Nov 11, 2009 11:02 am

bbbb wrote:So It would be better to stay illegally...

A solicitor told us that but we want to make things rigth...

In ur case u've nothing to lose really. But bear in mind the net is getting more sophisticated, and u could end up deported or removed. It would be 14 years before you could legalise ur stay and even that rule might have gone by then.

A possible way out is for ur spouse to relocate to another EEA state for six months, to work and live thereby exercising a treaty right. U apply to join her via the EEA Family Permit or equivalent in the EU state and return to UK under Surinder Singh. I'm sure EEA law will override UK law then - much more lenient. Please search these terms here before asking - we've explained this a dozen times to others!

It might not work, UK might still want to refuse u entry and bugger about endlessly to frustrate you. It's a lot of messing around too and obstacles all the way but if it's ur only option....

bbbb · Post by **bbbb** » Wed Nov 11, 2009 11:19 am

She can t go back ...
She asked for asylum and now UK resident. She is settled here, has finished her uni here , has a job , planning to get a house here and so on.

Wanderer · Post by **Wanderer** » Wed Nov 11, 2009 12:38 pm

bbbb wrote:She can t go back ...
She asked for asylum and now UK resident. She is settled here, has finished her uni here , has a job , planning to get a house here and so on.

Well then it's 14 years of living hell.

shinwari · Post by **shinwari** » Wed Nov 11, 2009 12:43 pm

Hi bbbb
Well u don't have to worry about your situation, what you have to do is
go to your home country voluntarily and then apply for your spouse visa, normally when you overstay or use deception, its a ban upto 10 years its called 320(7B) which doesn't came to effect when applying for spouse visa
best of luck

Post by **Casa** » Wed Nov 11, 2009 12:47 pm

It does come into effect if you've used deception.

Wanderer · Post by **Wanderer** » Wed Nov 11, 2009 12:55 pm

Casa wrote:It does come into effect if you've used deception.

Should qualify that with '...to enter the UK' Deceit afterwards is apparently forgivable!

shinwari · Post by **shinwari** » Wed Nov 11, 2009 12:55 pm

hi casa
please read this
http://www.ukba.homeoffice.gov.uk/polic ... les/part9/

Wanderer · Post by **Wanderer** » Wed Nov 11, 2009 1:06 pm

shinwari wrote:hi casa
please read this
http://www.ukba.homeoffice.gov.uk/polic ... les/part9/

Yes;

(11) where the applicant has previously contrived in a significant way to frustrate the intentions of these Rules. Guidance will be published giving examples of circumstances in which an applicant who has previously overstayed, breached a condition attached to his leave, been an Illegal Entrant or used Deception in an application for entry clearance, leave to enter or remain (whether successful or not) is likely to be considered as having contrived in a significant way to frustrate the intentions of these Rules.

joe777 · Post by **joe777** » Wed Nov 11, 2009 1:19 pm

shinwari wrote:hi casa
please read this
http://www.ukba.homeoffice.gov.uk/polic ... les/part9/

no automatic mandatory ban for spouses etc but you could have a probem with

(11) where the applicant has previously contrived in a significant way to frustrate the intentions of these Rules

dublin3 · Post by **dublin3** » Wed Nov 11, 2009 6:36 pm

You will not face any ban as you will apply for spouse visa so don't worry about that and go for it
and one important thing in this forum we have couple of members who we have just to discourage and mislead people.
best of luck for the future.

Wanderer · Post by **Wanderer** » Wed Nov 11, 2009 7:06 pm

rebel82 wrote:You will not face any ban as you will apply for spouse visa so don't worry about that and go for it
and one important thing in this forum we have couple of members who we have just to discourage and mislead people.
best of luck for the future.

How'd u work that out, Einstein?

mourad · Post by **mourad** » Wed Nov 11, 2009 8:33 pm

bbbb wrote:Hello ,

For starters , pls don't judge me.

Entered in the UK twice illegally now planning to go back next year in my country for a spouse visa...

Do I face a ban?? if yes for how long??

Do you know someone who has been in the same situation?? if yes could you get in touch with me ?

finally , if someone , out there, knows a good solicitor please give me his(or her) contact...

thank you beforehand

hi there
1-where are you from?
2-where is your wife to be from?
3-what deception are we talking about?

rinav · Post by **rinav** » Wed Nov 11, 2009 8:41 pm

If you apply as a spouse you are exempt from rule 320 7b. However the ECO can apply rule 320 11 at his discretion. If deception is used then this is most likely to be used. If you are refused you can appeal though. Every case is different and you need to be truthful in any application you submit. You need a good immigration lawyer who can help you with your application. There is no automatic ban with a spouse visa application. If you decide to go back home and apply then make sure you leave the UK voluntarily and pay for your own flight ticket. Be carefull as the last this g you need is to be detained and removed from the UK.

bbbb · Post by **bbbb** » Thu Nov 12, 2009 11:26 am

Hi

thanks for ur answers. would like to make something clear...
The DECEPTION for me is to use a fake document to travel, NOT to use a fake document to apply for a UK visa...

Post by **Casa** » Thu Nov 12, 2009 11:58 am

Assuming you mean you entered the UK with false documents, 302(11) can still be applied. Did you receive my PM?

Wanderer · Post by **Wanderer** » Thu Nov 12, 2009 1:00 pm

bbbb wrote:Hi

thanks for ur answers. would like to make something clear...
The DECEPTION for me is to use a fake document to travel, NOT to use a fake document to apply for a UK visa...

(11) where the applicant has previously contrived in a significant way to frustrate the intentions of these Rules. Guidance will be published giving examples of circumstances in which an applicant who has previously overstayed, breached a condition attached to his leave, been an Illegal Entrant or used Deception in an application for entry clearance, leave to enter or remain (whether successful or not) is likely to be considered as having contrived in a significant way to frustrate the intentions of these Rules.

Post by **Obie** » Thu Nov 12, 2009 8:17 pm

As far as i know, the OP's situation doesn't fit the criteria for refusal under 320(11).

Yes, he may have come into the UK illegally, but that is certainly not classified as deception.

Frustrating the rules would probably apply to those who, for example, claimed asylum,when they were about to be deported, or resisted removal.

In fact the guidelines on that has yet to be released.

OP, if you partner is a Settled person, then apply for a spousal visa. I am confident you situation does not fall into the removal category.

rinav · Post by **rinav** » Thu Nov 12, 2009 9:26 pm

rule 320 11 is used at the discretion of the ECO. There are no set guidelines on which situations it is applicable on. I personally think that the rule would be considered in the OP's situation. ECO's use this rule to refuse visa's very regularly.

Op needs to get professional advice from a decent immigration advisor who can prepare the application properly.

bbbb · Post by **bbbb** » Fri Nov 13, 2009 11:45 am

Casa wrote:Assuming you mean you entered the UK with false documents, 302(11) can still be applied. Did you receive my PM?

Hi Casa
Thanks
I received the PM.

If you know another solicitors I would be happy to contact them as well.

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