Advice for COA with illegal entrant to UK

[angelT]

Hi i need some advice for my complex situation. I would also like to ask please don't judge my situation, its hard enough in life with people thinking they have the right to make comments about your choices!
I am english/british national and am engaged to a Pakistani with no status here. He has been here around 9 years and entered the uk with fake documents. We applied for COA (via immigration solicitor) in June and have since heard nothing back. I have called them a couple of times to ask for update but that gets me nowhere! A few months ago UKBA came and arrested him and issued a notice of deportation and since then he has been going monthly to sign in London. My question is, with the COA not be looked at now because on the notice of deportation? Will he ever be able to stay here legally because of his fake documents? Will he recieve a ban? We have had our religious asian wedding, but i feel like my life is on hold waiting to get married and not knowing from one month to the next if he will still be here. I know what he did was not right, but i cant help who i fell in love with. We are in a genuine relationship and just want to move forward in life. Any constructive advice would be grately received.

[MPH80]

Ok - constructive advice it is.

A COA doesn't convey permission to remain. A COA just allows you to marry. Even if you marry - as an illegal he will need to return home to apply for a spouse visa. He will not be able to apply in country for the 'easy' option of the spouse visa.

However, given he has entered with fake documents, and (presumably) been working, this may well result in refusal under 320 (11) (see here)- which is basically a discretionary catch all 'has the person been frustrating the immigration rules'.

The fact that he's been issued with a deportation order isn't good either - it will only compound further problems.

My advice - he leaves under his own steam - not under UKBA's assistance - that'll make matters worse. You legally marry in Pakistan and hope that the spouse visa will be approved. If you take this route - you should be prepared to go to Pakistan to live.

The only other options I can see would be a discretionary leave application (which takes a long time and is by no means guaranteed to succeed) or an article 8 application - but I don't think there's a case for that here as your life could take place in Pakistan.

M.

[angelT]

Thanks very much for your reply.
Our solicitor has been telling us just to wait for the COA and said that by end of this year/early next we will no longer need a COA to get married. He said that once we get married more than likely he will have to go back and apply from there to enter here. Do you think he will receive a 10 year ban if he waits to be removed? Also, i am wondering about the Article 8 about family life. My parents are both elderly and disabled and am carer for them. I have a letter from their doctor which says that both myself and fiance look after them and need to stay in the uk. Do you think that this would help? How can UKBA expect me to live in Pakistan when i dont speak the language, would be unable to safely practice my religion and Foreign and commonwealth office say there is a high threat to westeners etc?

[angelT]

I also forgot to mention that i am about to start receiving fertility treatment. I know this sounds like a terrible reason, but how can i receive treatment if they do not allow us to stay together?

[Casa]

Unfortunately the Home Office won't take this into consideration...it's your personal choice.
I'm playing devil's advocate here when I say that the authorities will take the view that you would be free to practice your religion in Pakistan and just as immigrants have to learn English to settle here, you would also be able to learn a new language. Although in fact many speak English as a second language in Pakistan. Pakistan also supports an eclectic mix of religions, Islam, Hindu and Christianity amongst them.

[Monifé]

If you were able to leave your parents, you could have the option of moving to Ireland (republic) and exercise treaty rights (work, study with health insurance etc) and make an eu treaty rights application. Previous negative immigration history should not count against you.

You could live there for 6 months or more, keep all documentary evidence of residence, bills etc in both names and employment and then return to uk under EU immigration rules using the Surinder Singh principle.