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will my deported fiance be able to return?

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

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linzm
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will my deported fiance be able to return?

Post by linzm » Mon Feb 20, 2006 11:51 pm

I am a u.k resident and my fiance is from guinea. He arrived in u.k in 2000 claiming political asylum, this was refused and his appeal in 2003 dismissed, however i dont believe he was ever given official notice to leave the u.k. he is currently being detained and we have been advised that he will be deported, he is also accused of having a forged passport. I have an appointment with an immigration lawyer tomorrow. I have my own house and a well paid job. We have been together since 2002.
Does anyone know of a similar case? If my fiance is deported what will be his chances of getting a spouse visa to return? Any opinions or advice greatfully recieved

rmberg1
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Post by rmberg1 » Wed Feb 22, 2006 7:13 pm

No problem, your spose will return. I myself got back with a working visa. Try to forget about asylum, go back to Guinea and apply from there for a fiance or marriage visa. Forget about asylum, try to concentrate on the requirements for a fiance/marriage visa. There are good examples here in the forum, see MarieB, hmm and others.
If you can't find info, write to me I'll help you.
Good luck!!!

linzm
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Post by linzm » Wed Feb 22, 2006 10:30 pm

thanks for your response, i have been reading other stories on here and have got an idea now about what documents to collect for a visa application. if/when he does get deported i have no problem going with him to apply. my main concern is if he ends up with a criminal record for the forged passport it might affect his chances of getting the visa?

rmberg1
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Post by rmberg1 » Thu Feb 23, 2006 1:43 pm

Hi again,
I think it is very unlikely she will be deported. Bear in mind that there is a deportation and an administrative removal.
Deportation orders are issued to terrorists, serious criminals, drug dealers etc, and this is really serious. The person is banned for several years to enter the UK (in practice forever). I hope she didn't blow up buses etc, so she is lucky :lol:
In contrast, she can only be liable for an administrative removal as a failed asylum seeker. You can read about this in the IND website.
The fact that she was removed (NOT DEPORTED) doesn't mean she is banned. She can apply again for UK visa and she will be given this visa if, of course, she satisfies all the requirements. But it would be much better if she can avoid adm. removal. For this purpose I strongly advise to apply for a voluntary return through IOM asap. In this case she leaves the UK without adm. removal.

I was in a similar situation myself, see my post which was made sticky. But I wanted to apply for a working visa. So I had a work permit, left the UK voluntary, and the NEXT DAY (!!!) applied for a working visa and got it even without interview. Although I was met by tough people when I entered back the UK, everything was finally OK.
The fiance/marriage visa is much stronger than working visa. There are much more chances, but you will wait a bit longer than me.

In summary do the following:
Immediately apply to IOM for a voluntary return (if you have some money buy the return ticket yourself, don't use public funds, this is better). I am not sure, but I think the case is suspended when she has applied for IOM, so adm. removal can't be issued while she is waiting for voluntary return -- check this with IOM people.
Then she goes home. The best way is if you go there as well, marry her there and then she applies for a marriage visa. But she can also apply for a fiance visa, although this way is slightly weaker in my opinion.

Remember also, the IOM people will smile to you and offer even you a free ticket to Guinea. Don't take this ticket, bloody hell, this is a mousetrap. She can take a free ticket if you are short of money, but I would advise to buy a return ticket with an opened date return. I am 99% sure she will be back within maximum 6 months or even earlier.

Finally, again, forget about asylum, don't worry about it, this is almost in the past. Try to concentrate on the documents supporting marriage visa. You should present exactly those documents the embassy wants. Don't think that if you are married or engaged and you are British, the visa will be given automatically. But if you will be very accurate how to present your case, you will be successful, I am sure.

Of course in the embassy she has to tell honestly what she did in the UK, but try to avoid telling about that bloody passport if not asked. And also, if she will depart voluntary, don't forget to take photocopies or originals (if available) of all corresponding forms, letters etc. The most important is the asylum disclaimer and voluntary departure form which she will have to sign in the airport. If she present this letter in the embassy, it will save your time.

OK, enough writing.
Now is your turn. Good luck, friends, you will be alright.

rmberg1
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Post by rmberg1 » Thu Feb 23, 2006 1:48 pm

PS. Try to check through the lawyer how serious is that she was accused of having a forged passport. Is it a reason for DEPORTATION? I don't think so, but check this.
But I know definitely that asylum itself is not a reason for deport. seeekers are liable only for adm. removal.
I hope moders agree with me. John, Kayalami, Chess, c'on!

John
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Post by John » Thu Feb 23, 2006 2:26 pm

Linzm, I think the best thing I can do is to point you to this topic where only today some extremely good news has been posted.

A more detailed search of this Board will some that others have been similarly successful in the past, as already pointed out by rmberg1.
If my fiancé is deported what will be his chances of getting a spouse visa to return?
None! Not unless the two of you marry before that visa application is made! But assuming that all the needed evidence is supplied, a good chance he will come back with a fiancé visa.

Or are you thinking the two of you will marry in Guinea? Then he would apply for a spouse visa!

Look at the post from "Worried" today in the topic I link to above. With evidence like that there is always a good chance of success.

Hope it all works out.
John

linzm
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Post by linzm » Fri Feb 24, 2006 5:24 pm

thanks for your replys.
john i have now read the thread you directed me too, it gives me a lot of hope.
rmberg - the immigration lawyer has also advised us to try to get a voluntary return, we will be able to pay for the plane ticket as you mentioned.
my fiance is having a visit from immigration officials in the detention centre on monday so things may become clearer then.
our plan would be to go to guinea marry there and apply for the visa.
Thanks again, i am more hopeful now!

John
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Post by John » Fri Feb 24, 2006 7:02 pm

You are probably already aware that according to this website :-
ENTRY REQUIREMENTS

All British nationals require a visa and a certified Yellow Fever vaccination certificate to enter or reside in Guinea.
And according to this webpage :-
NEW ARRANGEMENTS FOR HANDLING UK VISA APPLICATIONS FROM EQUATORIAL GUINEA.


Please note that with effect from 1 February 2006 responsibility for handling visa applications from Equatorial Guinea will pass from the British High Commission in Cameroon to the British High Commission in Nigeria.

From 1 February 2006, nationals from Equatorial Guinea who want to apply for a UK visa should lodge their application at one of the 33 DHL and UPS courier offices, across Nigeria, which act as UK visa application points. These offices can be found in Lagos, Abuja, Port Harcourt, Kano, Benin City, Ibadan, Kaduna, Enugu and Warri. Trained staff will accept the applications and immediately forward them to the relevant UK visa office in Nigeria, where they will be assessed.

Applicants can arrange for a Nigeria-based employer, agent or other third party to submit their application to DHL/UPS on their behalf.
So following the marriage, in Guinea, it looks like a trip to Nigeria is necessary to make the visa application, with that being submitted at one of the courier offices listed on this webpage.

According to this webpage :-
ENTRY REQUIREMENTS

All British nationals travelling to Nigeria must hold a valid visa before entering the country.
Looks like you are going to have "fun"! Are you sure you want to marry out there? Wouldn't it be easier for your fiancé to apply for a fiancé visa by himself?
John

linzm
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Post by linzm » Sat Feb 25, 2006 8:05 pm

Thanks again John, yes i was aware of the need for me to get a visa to travel to guinea.
Looking at the second part of your last message - its Guinea we will be going to, not Equatorial Guinea - so at least thats one thing we wont have to worry about!
Thanks

John
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Joined: Wed Nov 10, 2004 2:54 pm
Location: Birmingham, England
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Post by John » Sat Feb 25, 2006 11:38 pm

Hey, sorry about mixup about countries!

Given we are talking about Guinea, it seems the UK visas are not issued there but need to be applied for in Freetown, Sierra Leone. And as a British Citizen you would need a visa for there. Also note that you are advised to get a multi-entry Guinea visa, otherwise you will not be able to get back into Guinea after the visit to Sierra Leone.

OK travelwise, not so much of hassle as I was previously suggesting, but still an admin headache if you really are going to make that trip.

And note the "limited service" it mentions on this webpage.
John

linzm
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Post by linzm » Mon Jul 17, 2006 8:55 pm

Hi again,
My fiancee has served his sentence and was not deported. He is on bail from immigration detention centre. Immigration are trying to remove him, the Guinea embassy in London has said that they will not issue a travel document. We were planning to go to Guinea and get married and aply for entry clearance, but clearly without a travel document this isnt possible. We have been told he may be granted discretionary leave? Does anyone have any info on this? I believe its usually given for 3 years? Does anyone know if he would be able to travel at all with this leave?
Thanks

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