VERY VERY COMPLICATED PLIZZZZ HELP!!!!

[stressed]

I'm Zimbabwean got to the UK on a visitor visa in May 2002, given 2wks to enter. A "friend" took me to an advisor in London who informed me he could get an extention on my visitor visa & due to the political problems in Zimbabwe he was also able to get me indefinite stay all for a £1000 fee which I did not have. I then left my passport with him and got myself work to raise the fees. A few weeks later he called me to say that he had managed to get an extention to my visa to 6months (Oct 2002). I went to his office - saw the stamp in my passport. He held on to my passport as I had not yet paid him and he had the asylum to work on.

December that year I started a relationship with my now husband (British).
We moved in together in May 2003 and planned for a wedding on the 14th of Feb 2004. I told him of my visa situation and he offered to pay the solicitor fees for me. I phoned the advisor and got my passport back that October 2003 with indefinite stay. By then we had decided to move to his native Scotland. We started looking for work soon after xmas and found it difficult to get work. We postponed the wedding to a later date and decided to apply for Job seekers allowance and thats when the problems started. My husband received his straight away. I got a letter through the door saying I was to come see them. I went over and was told stamps in my passport were fakes. To say the least my world stopped - overnight from thinking I had legitimate stay I had become an overstayer with fake stamps!!! They asked me to hand in my passport which I voluntarily did and provided all the information I had on the advisor and also agreed to be witness should the case ever go to court. This was around March 2004 and by then we both had managed to get employment. I did not hear from the Jobcentre again and every time I phoned them to chase their progress I was told it was being investigated and that my case had been moved offices to London.

We got married in October 05 and I phoned the DWP again about my passport, I was sent a letter advising me to apply for a new one at the Zimbabwe Embassy in London as I could not get my old one back. My mother in-law decided we go see a solicitor who informed us that I had to go back to Zimbabwe and seek entry clearance. I was willing to do that but because I had no passport and I had the outstanding case with the DWP I felt it impossible. We went to see our MP who advised we put in a spouse application with the Home Office for leave outside the immigration rules. We done this - paid the fees got a letter saying our claim was valid & we would hear from the Home Office within 13wks. We heard from the Home Office 8months later after the intervention of our MP!!!

The Home Office were aware of the DWP case from the beginning, we told the truth from day one. We now have a refusal letter from the Home Office - its very long winded but basically it says that I am to go back and seek entry clearance and Human Rights have been looked into. They do not doubt our marriage is genuine and subsisting but say it does not pre-date the service of an enforcement notice by at least 2yrs and it is not unreasonable to expect me and my husband to go to Zimbabwe to settle there or either seek entry clearance and return if successful.

Nothing of my passport or my case with the DWP has been mentioned. The Zimbabwe Embassy have refused to give me a replacement passport without site of my old one even were I to go back on a travel document I could not apply for entry clearance because even there I cannot get a passport without the old one - this would be indefinite seperation from my husband. I have told this to the DWP and I keep pushing them for progress to no avail. As I have said to anyone who cares to listen, had I known the stamps in my passport were fake I would never have claimed benefits and I certainly would not be pestering the DWP for progress. I feel I am being punished with no trial.

I told my employer of my situation and they tried to keep me on for as long as they could hoping the outcome would have been favourable - however they decided to end my contract as I am technically not allowed to work.

We now have an appeal date for this October . I love my husband very much and he makes me feel like I am the luckiest girl in the world. We have been going through hell trying to sort this out, my husband & his mom have written letters to Charles Clarke, Tony Mcnaulty, the DWP and to anyone else who cared to listen with no avail - not even acknowledgement letters have been received. We have hit so many brick walls . Anyone out there have any advice for a very stressed couple? We are really worried about the outcome of the appeal.

Ps : We have also been to the Law Society to see about putting in a formal complaint about the advisor's offices - guess what - they are not registered with them!!!

[John]

Incredible situation you find yourself in!

I think you need good representation at the appeal hearing next month. Seems quite pertinent to me that without DWP releasing your old passport (even temporarily) you cannot get a new passport, and even if you were just put on a plane and sent to Zimbabwe, how would you get a new passport into which a UK spouse visa would be put?

But as regards the new Zimbabwe passport you need, won't they agree to issue one with just a DWP-certified photocopy of the old passport? I think you need to pursue that, if only to get confirmation that they will not issue a new passport even with such a certified copy of the old one being given to them.

Let's hope that "advisor" gets prosecuted!

[Smit]

Was the advisor registered with the OISC? Surely you must have been aware that there are lots of "cowboy" immigration advisors around, could you not tell at all?

I do sympathise with you but on the other hand it is cases like yours that are contributing to the immigration chaos in this country and making life difficult for bona fide people refugees. By the way, I visited Zimbabwe last month and it is a very beautiful country and I did not see any sign of turmoil there.

[stressed]

Thank you very much for your prompt response. I did try to get the DWP to send the passport direct to the Zimbabwean Embassy and then get them to send it back to the DWP but no one seems willing to do so. The Embassy will not accept a copy - have also tried that & have it in writing from them that they will not issue a replacement without the old passport.

As for not being able to see that he was a cowboy - he had convincing offices in the middle of town with adverts and all on his window. This was also my first time abroad and having to deal with immigration matters - I was naive enough to believe that all I had to do was go to an advisor & he would help me.

I have however learnt my lesson and this time I am doing my homework. As they say experience is the best teacher. All I hope for is that he gets stopped from doing the same to other people. You are right in saying its cases like mine that make immigration difficult but I did not ask for this.

Zimbabwe is a beautiful country - all we need is a decent government to turn things around for us.

Any more advice or thoughts on how the appeal might turn out?

[stressed]

one more question, where I able to push the DWP to help me get a replacement passport and I went back to Zimbabwe for the entry clearance, how would all this affect my entry clearance application thats assuming the appeal fails???

Pliz help!!!!!!!!!!!!!!!!!!!

[Chess]

Havent you got any family/friends who can apply for a Passport on your behalf in Harare - it may involve paying over the odds but then you would get a new ppt.

the new ppt can then be DHL'ed to the UK and you head off to Harare and apply for spouse EC...

fighting within the UK is gonna be a long unsuccesful struggle - am afraid, no the news you wanted to hear

Good Luck

[Kayalami]

We got married in October 05

Presume a typo given we are in Sep 2005? Some points to note:

Historic

1. Possible criminal sanctions - both op (original poster = stressed) and advisor in respect of said stamps. Such makes consideration of concessions an issue.

2. Breach of rules by illegal working - op states she worked to raise visitor extension/ asylum fees.

3. Denied spousal application given that Home Office have taken into account their discretionary policy on overstayers/ illegal entrants marrying a settled person and as such seeking leave to remain on this basis (DP3/96).

Future

1. Entry clearance application at an overseas diplomatic post. By default BHC in Harare. Requires relevant documentation to include a passport for endorsment.


Summary (IMHO)

1. With respect why is obtaining a passport from the Zimbabwean embassy in London (Strand) such an issue. If you are a citizen and can submit documentary proof thereof then you are entitled to such - are there dual nationality issues? Simply state the passport is unavailable and submit appropriate proof or a sworn affidavit in lieu. I would recommend this over an ETD then ppt application in Harare - the queues are horrendous.

2. Situation in Zim still an issue. Recent ruling by most senior appellate judge Justice Collins saw the removal of failed zim asylum seekers suspended. Such may or may not be relevant to your case and may see leave granted without you having to go home. My concern - it seems there was no asylum application in place for you. You may have to state current situation an issue.

3. Your case way to complex for the forum given all the material to be covered to include but not limited to - criminal sanctions, issues over recourse to public funds if a Zim application was to be the route forward etc. Get some legal help ASAP and make sure the advisor this time is registered with OISC or is otherwise exempt.

[stressed]

To say the least the Zimbabwe Embassy were not very helpful. I took with me letter I had received from the DWP saying they had no problems with me applying for a new passport and with me travelling to Zimbabwe and also advising that they the DWP had my passport, I was kept waiting for a long time and was then told that they wanted to see my passport before a new one was issued and they refused to give me the forms or finger print me as required. I had to literally beg to get them to put it in writing as they were not willing to even do that.

I am in a catch 22 situation with the DWP not letting us know how they progressing and me unable to get a replacement passport and also the fear of going back to Zimbabwe and not being able to come back. I cannot remember the last time I had a good nites sleep.

In simple terms are you saying that the appeal stands little chance & were I to go back to Zimbabwe I would find it difficult to get entry clearance given my current situation?

I have not been charged with anything and I did not do anything wrong apart from put my trust in the wrong person. This time round I have made sure the firm is legit. What are we to do as all avenues seem to be leading nowhere..............

[Kayalami]

I had to literally beg to get them to put it in writing as they were not willing to even do that.

So the refusal is in writing - what are the grounds for such?

This time round I have made sure the firm is legit.

I am somewhat confused. Do you have a representative and if so what is his/ her position on this?

In simple terms are you saying that the appeal stands little chance & were I to go back to Zimbabwe I would find it difficult to get entry clearance given my current situation?

What are your grounds of appeal - the Home Office have already considered operational discretionary policy and the Human Rights Act. Your application abroad is not disproportionate to effective UK immigration controls. Search through the family forum for others in a similar position - 'jannah jewel' springs to mind. My initial thoughts based on comments re jobseekers allowance are that an overseas visa application would have as an issue you having enough funds to accomodate and maintain yourselves. Likewise there may be aspects of your presence in the UK not being condusive to the public good given the current legal proceedings over the fake visa. I would as a minimum get a letter from DWP and the Crown Prosectuion Service detailing that there are no criminal proceedings against you - this may or may not be possible on prejudicial grounds (we are now straying into criminal law).

What are we to do as all avenues seem to be leading nowhere

Lost on this. You either:

1. Appeal. IMHO low possibility of success on the facts presented and given extensive case law to include one as recent as last month where an Algerian national was refused LTR on marriage and told to go back home and apply there. He entered the UK 1995, visa expired 1997 and applied for spouse visa 2001. This given that the British embassy in Algiers has operational issues due to security concerns.

2. Re-apply on the basis that Zim is unsafe with appropriate evidence or

3. Return home and apply for a settlement visa.

For UK aspects you don't necessarily need a ppt - the Home Office may grant an application and issue a residence permit in an appropriate format not on a travel document for good cause to include a case such as yours where said document is in the hands of a government authority.

We can play post tag on this but nothing will change and I believe I am not able to add any further to my comments. You need someone to have all the details including those you are unable/ unwilling for good cause to reveal here.

Sorry if that is news you may not want to hear.

[stressed]

Hie again, here is whats happened so far, October 2005 appeal dismissed on the grounds it was safe for me to return to Zimbabwe for entry clearance. We had a reconsideration hearing in March 2006 again dismissed on the grounds that as there was no asylum claim, it was safe for me to return and seek entry clearance. Have now put an application for leave to appeal at the Court of Session on the grounds that I fear persecution & without my passport I would be viewed with suspicion & also the fact that I cannot renew my passport.

I have read articles (zimbabwesituation.com 23/01/06) and Zimbabwe Herald (23/06/06) stating that Zimbabwe is not issuing passports indefinitely due to shortages in foreign currency. Now we had started putting a bundle together with a view of withdrawing the appeal and returning voluntarily to Zimbabwe. Surely if I am unable to get a passport in which to put an endorsement in I cannot therefore apply for the entry clearance? I have phoned the Zimbabwean Embassy and they have said "it's just newspapers talking however passport applications will take between 6 - 9months to process" They refused to put anything in writing. One of the reasons our appeals failed was due to lack of evidence in front the the Judge. Now how can I force a Zimbabwean Official to put anything in writing so as I can give it as evidence at our next appeal if we get one?. I managed to get the guy's name though reluctantly.

The Home Office are refusing to release my passport in order for me to renew it, my appealing to the Court of Session is on the basis that I cannot renew my passport and I am equally trying to renew my passport at the same time in line with this ground of appeal. (I don't know if this makes sense) I have to be seen to have tried to renew my passport and failed.

Surely this is an insurmountable obstacle? If I cannot renew my passport, then I cannot apply for entry clearance through no fault of my own and I cannot return to my husband. One of the requirements of the entry clearance officer is that one has a valid passport before applying. This takes away our right to at least make an application to settle in the UK. The Home Office may argue that we can make Zimbabwe our home but surely we will be disadvanged as the choice of where we want to make our home by putting in a spouse visa application (whether it would have been successful or not) has been taken away from us? Can I claim asylum on this basis? Please understand that we are wanting a solution that brings this whole nightmare to a conclusion sooner rather than later as the stress is becoming unbearable and claiming asylum even if we could, could take forever. We just want a life now.

I feel we are stuck between a rock and a hard place, we want to go back and apply for entry clearance but without a passport or the prospects of a renewal being issued I do not know what to do. We have a solicitor and so far he has not told us what his thoughts are. Maybe its not every day he gets to deal with a case like this, he too might be at a loss. I however have lost faith in solicitors due to past experiences. Pliz someone out there help a desperate couple who find themselves in the most bizzare of circumstances and do not know who to turn to for help or what to do.

[stressed]

surely someone out there must have an idea of what we could do, is this case so complicated that you have all run out of ideas, pliz someone out there HELP, we are really pulling our hair out.

[Biggie]

surely someone out there must have an idea of what we could do, is this case so complicated that you have all run out of ideas, pliz someone out there HELP, we are really pulling our hair out.

Stressed,

This will probably go against the advice you were expecting, I feel for you girl, but if l was in your shoes l would bite the bullet and get a travel document from the embassy and head back to Zim. Take as much evidence of your marriage with you and make a spouse application. Zim is in a dire situation, and if you "talk to the right people and pay them a passport can be produced from the passport office"

This is for your future, and l would recommend your husband and yourself took some time off like a month or two and head back together. I'm sure you have family back in Zim who can accommodate and support you guys.

But remember, this is for your future and the longer you prolong this in the UK, it will get tougher as the immigration policy of this country gets tough.

Good luck.

[waiting_spouse]

surely someone out there must have an idea of what we could do, is this case so complicated that you have all run out of ideas, pliz someone out there HELP, we are really pulling our hair out.

The Home Office may argue that we can make Zimbabwe our home but surely we will be disadvanged as the choice of where we want to make our home by putting in a spouse visa application (w!!hether it would have been successful or not) has been

dear stressed,

that same reason was stated in my refusal, and i come from a safe country where i have no reason to argue about that at all!!

ur best bet....go back to Zim. Try to get those docs, however way u can, hopefully legally!!! u just hv to accept the fact that all this takes time. I waited 3 months, away from hubby, after living togher for 5 years, and now i got my visa.

pls try not to go down the asylum route...it could take years!! i've friends from sudan with strong asylum claims, and its all over the news about situation i sudan, yet so many got refused on really ridiculous reasons!!.

pls, do go home. its worked for so many ppl, and im sure, with patience and the right fighting spirit, it would work for you.

[stressed]

Thank you for responding, its not the news I was hoping to hear but I have been putting together evidence for an application in Zimbabwe all this time because I sort of had the feeling that I might end up going back. Will be looking at buying tickets this Monday to travel to Zimbabwe in August. Problem is getting HO to send back my documents as there is information I would like to use for my application in Zim. Will keep you informed on events.

[waiting_spouse]

Thank you for responding, its not the news I was hoping to hear but I have been putting together evidence for an application in Zimbabwe all this time because I sort of had the feeling that I might end up going back. Will be looking at buying tickets this Monday to travel to Zimbabwe in August. Problem is getting HO to send back my documents as there is information I would like to use for my application in Zim. Will keep you informed on events.

dear stressed,

i've read about another who waited for orginial docs from HO too. I think its best if you tell them that you've bought your tx, and the travel date, it usually works. The person actually went down to HO to collect the docs, which of course is quicker. When I ask for my passport before going home, they didn't know where it is, but if u tell them when ur going home, and fax them a copy of ur travel tx, things seems to work rather fast!!

GOOD LUCK!