Spouse (with Irish visa) detained in Netherlands

KariukiKabia · Post by **KariukiKabia** » Fri Nov 11, 2011 6:40 pm

I have a HUGE problem and I just don't know who to turn to.I would appreciate any help !
I am married to a Kenyan and I am British but I am resident in Ireland for the last 30 years.My husband and I met in 2005 and we married over a year ago and he was granted leave to remain and residency in Ireland.We recently went on a short break to Holland where he was detained by immigration .His passport was declared a false document.He was acquitted of all criminal charges but his passport was confiscated.His Stamp4 also has not been returned
He says they are going to deport him back to Kenya and won't return him to Ireland even though we are married .
WHO DO I GO TO FOR HELP !?? I am heartbroken.

Post by **vinny** » Fri Nov 11, 2011 6:51 pm

Ask the Kenyan Embassy for help. They should be able to get his passport back from immigration and verify that it is genuine.

KariukiKabia · Post by **KariukiKabia** » Fri Nov 11, 2011 6:58 pm

Unfortunately the Kenyan Embassy in Holland will not verify the passport is genuine.They say they traced back the file and it is a false passport.My husband was acquitted of criminal charge as the Judge believed that he hadnt known the passport was false as he had travelled on it in other european countries and it had been passed by the Irish government and his stamp4 attached to passport.
Now the problem is the kenyan embassy won't give him a travel document because they say they can't verify who my husband is .

Post by **vinny** » Fri Nov 11, 2011 8:32 pm

Where, when and how did your husband obtain the passport?

KariukiKabia · Post by **KariukiKabia** » Sat Nov 12, 2011 9:47 am

Does it matter how when etc,The passport has been destroyed now ...and will not be returned .his only ID is his Irish stamp4

Post by **vinny** » Sat Nov 12, 2011 11:19 am

If it was genuine, then verifying/tracing its history and origin may help him. Else, it won't matter.

KariukiKabia · Post by **KariukiKabia** » Sat Nov 12, 2011 11:49 am

Vinny real passport no case file in kenya.where to go now

Post by **vinny** » Sat Nov 12, 2011 11:58 am

Then I suggest that he contact the relevant Passport Issuing Office directly to see if they can help trace his case file.

How did he pay for the passport? Does he still have proof of payment?

KariukiKabia · Post by **KariukiKabia** » Sat Nov 12, 2011 12:01 pm

Vinny the passport was made in a passport office but has no file ......

Post by **vinny** » Sat Nov 12, 2011 12:04 pm

How did he pay for the passport? Does he still have proof of payment? Any receipt with a reference number?

KariukiKabia · Post by **KariukiKabia** » Sat Nov 12, 2011 12:08 pm

NO.The passport is really not the issue now is it ? It won't be returned

Post by **Greenie** » Sat Nov 12, 2011 12:12 pm

OK - I think (and sorry if I am mistaken Vinny) that Vinny is trying to establish whether or not your husband was actually entitled to the passport. KariukiKabia is my understanding correct that the passport was issued by the passport office but your husband was not actually entitled to it?

KariukiKabia · Post by **KariukiKabia** » Sat Nov 12, 2011 12:14 pm

Yes something like that .He has had the passport confiscated and is now stuck in netherlands detention centre.

Post by **Greenie** » Sat Nov 12, 2011 12:18 pm

what is his actual nationality? Did he realise the passport was fraudulently obtained?

KariukiKabia · Post by **KariukiKabia** » Sat Nov 12, 2011 12:20 pm

Kenyan and yes probably

Post by **Greenie** » Sat Nov 12, 2011 12:24 pm

if he is Kenyan I don't understand why he would need to obtain a passport fraudulently?

was the passport in his real name?

Post by **vinny** » Sat Nov 12, 2011 12:25 pm

What would prevent a Kenyan from legitimately applying for a Kenyan passport?

KariukiKabia · Post by **KariukiKabia** » Sat Nov 12, 2011 12:28 pm

Oh people .......listen I met him as an asylum seeker .his passport is not real but he is and he has no secrets from me.Mu question is how will I get him home!!

KariukiKabia · Post by **KariukiKabia** » Sat Nov 12, 2011 12:30 pm

Please read my original post....please....

Post by **Greenie** » Sat Nov 12, 2011 12:32 pm

KariukiKabia wrote:Oh people .......listen I met him as an asylum seeker .his passport is not real but he is and he has no secrets from me.Mu question is how will I get him home!!

if you want people to help you then you need to answer the questions, otherwise no one can help.

If you don't want to give the information on a public forum - then (and he needs to do this anyway) your husband should seek advice from an immigration lawyer in the Netherlands - no one he can properly advise you on how to get him out of detention in the Netherlands, because, I doubt there is anyone here who is an expert on Dutch immigration law. If he were in the UK I would advise that he seeks legal advice, and also that he obtains evidence to establish his actual identiy.

Post by **Greenie** » Sat Nov 12, 2011 12:34 pm

KariukiKabia wrote:Please read my original post....please....

I have read your original post - no one can advise you on that information alone. Please see my previous post - no one can advise you on a Dutch immigration law matter. If he were in the UK, then they would not seek to send him to Ireland because the Irish authorities would probably not accept him back without a passport. They would remove him to his country of nationality. I don't know if this is the same in the Netherlands, but I imagine this is why they are not seeking to send him to Ireland.

KariukiKabia · Post by **KariukiKabia** » Sat Nov 12, 2011 12:37 pm

thanks greenie he has a lawyer in netherlands which is how he was acquitted on the criminal charge.If he establishes his real identity how will it help as he has already obtained residency using the (Fake ) ID on his passport.I know you are right about legal help but I was hoping someone might have an idea of where he stands legally now .I know he can't be the first african to be established in europe under a false identity ...that is fairly common place.

Post by **Greenie** » Sat Nov 12, 2011 12:57 pm

KariukiKabia wrote:thanks greenie he has a lawyer in netherlands which is how he was acquitted on the criminal charge.If he establishes his real identity how will it help as he has already obtained residency using the (Fake ) ID on his passport.I know you are right about legal help but I was hoping someone might have an idea of where he stands legally now .I know he can't be the first african to be established in europe under a false identity ...that is fairly common place.

Wasn't that a criminal lawyer who had him acquited? Does he also have an immigration lawyer?

I really can't tell you where he stands legally in the Netherlands or in Ireland because I only know about UK immigration law. What I can say is that if he had obtained residency in the UK using a false identity, then this would probably now be revoked, and the UK authorities would not accept him back to the UK purely because the had issued him a visa on a fraudulently obtained passport. If he establishes his real identity then this will help to satisfy the authorities about who he is and possibly obtain a genuine passport. The UK authorities can detain someone if they are not satisfied with their identity.

All European countries have separate immigration legal systems albeit there are some share principles and regulations. He really needs to ask for advice there.

flyboy · Post by **flyboy** » Sat Nov 12, 2011 4:29 pm

Is is your marriage still valid / legitimate in the eyes of the authorities? As for the Irish residency, doubt very much that is valid and that he'll be getting it back having obtained it under deception. The Dutch authorities most probably informed the Irish authorities about the fake passport.
Best get that lawyer to sort out the trouble your husband finds himself in.

KariukiKabia · Post by **KariukiKabia** » Sat Nov 12, 2011 6:14 pm

thanks everyone .....I can't give up ....even though it is all looking hopeless.Yes Greenie he has immigration lawyer.
I love this man SO much!!

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Spouse (with Irish visa) detained in Netherlands

Spouse (with Irish visa) detained in Netherlands