uk spouse visa issud for person removed from uk mutiple id

hollywoodd · Post by **hollywoodd** » Mon May 09, 2011 9:28 am

i want to say thanks to all in advnce . and i want to know a few things regardings uk spouse or fiance visa. i am non eu citizen married to british national and we got a kid together.
i came to uk in 2001 on a student visa and while my visa was valid my uncle who was already in the uk told me to go for asylum under different name and natioanlity which i did and my case got refused .
and i did not chase my case after that . after 2002 i changed my address and i did not have any contact with home office after that.
in 2008 i got married a british citizen and it was islamic marriage not english as i did not have a visa to do so.
in 2009 my wife was pregnant and we were living together for about a year . when i was caught by immigration and they ask my documents i disclosed what name i came to uk andunder what name i applied for asylum different name and nationality now i am married and my wife is pregnant . i was caught on satureday and and on tuesday i was sent back to afghanistan. despite i have pregnant wife over there and i was not given any solicitor .and please note i was only removed from uk no crime or ban on me i was if i apply visa i have no crime or ban on me.
now my wife came to iran andwe got married in iran and we are living together my wife is british national.
now my question is when i came back i got my passpor and my name and date of birth is toatly differnt from the details which uk home office got its not the one on which i entered the uk and its not the one on which i was sent to afghanistan .
if i apply for the spouse visa and on biometric my different names and ste of births are going to appear what shall i do now please help.
is there any way and my wife andkid are living with me .
and shall i apply the spouse visa or fiance visit which onw will be easily issued .thanks
i

Kitty · Post by **Kitty** » Mon May 09, 2011 9:43 am

If you and your wife are legally married in Iran then you would need to apply for a spouse visa to return to the UK with her.

The application form specifically asks you if you have previously been removed from the UK, or had applications for leave to remain refused. You would be committing deception if you did not refer to your immigration history, even if it is under a different identity.

I have to say as well, that with a history of using false documents, deception and overstaying, you are very likely to be refused. If your wife and child are now living with you in Iran, there is no real basis for you to be allowed back into the UK.

elv15 · Post by **elv15** » Mon May 09, 2011 10:50 am

I think you gona need a really good lawyer for your case, its very complicated and chances of success with your history are low.

hollywoodd · Post by **hollywoodd** » Mon May 09, 2011 4:53 pm

the point is what are my human rights my son got british passport my wife got british passport .
i did not commit any crime in all of my stay in uk i admit i did wrong to go for asylum .
and create a mess of multiple ids. i think according to european court decision parent of any child which born in eu and got nationality regardless of parents status parents will allow to remain with child i will find that and post the link .
now i got to points
1 i am married to britsh national its real marriage and for about 2 and half years
2 my son got british nationality and i never comitt any crime during my stay in uk .
and according to uk laws i got right to access my child as well and my wife and kid has to come back to uk .
my name and my current place where i live is appear on my sons passport.
i dont think so that immigration rules can be so absured that despite that they will deny my right to be with my wife and kid and if they do so obviously its breach of my human right.
and point that my wife and kid can live with me its ok they are living and they can live as far as they want but when they have to go back i am part of family my son and wife needs me with them . and they are national of uk so they got right.
if there is someone who got more info please contribute .
thaks

mochyn · Post by **mochyn** » Tue May 10, 2011 7:08 am

Article 8 of the Human Rights Act giving the right to a family life works both ways.Not only can you both be together but there is no stipulation that you should all be in the UK.You can both live in Iran as you have done

elv15 · Post by **elv15** » Tue May 10, 2011 7:28 am

you did not commit any crime? So what is using multiple fake ID? Thats a big crime, you might be eventually granted a visa but its likely to be a very lengthy and expensive process. Just because of human rights does not mean the home office has to grant any1 with a british wife a visa, you need a good lawyer.

SHIM · Post by **SHIM** » Wed Nov 30, 2011 11:24 am

I'm in same situation but I heard under family law, ban does not apply on spouse, dependant, children but finger crossed because we both are in same difficult situation. they mentioned it in immigration law but I never heard anyone who has been deported and after that got spouse visa only.

hollywoodd · Post by **hollywoodd** » Thu Dec 01, 2011 3:13 pm

please not that i was not deported from uk and i was told can apply for visa at any time .
there is no ban on my visa . so i can apply but as i am settle in my country i did not bother much about applying for a visa my wife and kid is living with me but there are too many like me so if some one got any success please contribute.
we are humans and we makes mistakes and we learn from them.
i have noticed some people on the forum are very hostile and towards any mistake happen but how many mistakes they make in there life they know but dont show.
when i posted this topic it seemed to me like i am discussing something taboo.
but in real life there are many like me with them this happened .
i think this needs another sticky as well so people can contribute to it thanks

SHIM · Post by **SHIM** » Fri Dec 02, 2011 8:46 am

you are right. I discussed with many ppl and they asked first clear you have been administratively removed or deported? I replied that I removed administratively. they answered that the BAN doesn't implement on administratively removal so I just want to know any body removed from UK applied for re-entry and got visa and I want to know the exact period of spouse visa application process?

pennylessinindia · Post by **pennylessinindia** » Fri Dec 02, 2011 12:59 pm

hollywoodd wrote:please not that i was not deported from uk and i was told can apply for visa at any time .
there is no ban on my visa . so i can apply but as i am settle in my country i did not bother much about applying for a visa my wife and kid is living with me but there are too many like me so if some one got any success please contribute.
we are humans and we makes mistakes and we learn from them.
i have noticed some people on the forum are very hostile and towards any mistake happen but how many mistakes they make in there life they know but dont show.
when i posted this topic it seemed to me like i am discussing something taboo.
but in real life there are many like me with them this happened .
i think this needs another sticky as well so people can contribute to it thanks

I think you will find people hostile because many people on this site have done nothing wrong and have to wait for ages to get visas and they see others who have acted wrongly getting given visas easily and it seems to others not a fair system. Using a number of Identities is not really a mistake it is a deliberate attempt to deceive so I think you will find it hard to gain a lot of sympathy here. You have a family life where you are so this is not a real reason to say you need to enter the UK

charlotterahman · Post by **charlotterahman** » Mon Jan 09, 2012 7:23 pm

what happened to your visa?

hollywoodd · Post by **hollywoodd** » Wed Jan 11, 2012 4:06 pm

visa issued
thanks to every one the forum and for your silly speculations
about ukba . in my case no one was talking under the law every one was giving their own opinion .
visa was applied from islamabad as we moved to islamabad .
with visa application a detailed covering letter was sent stating every thing happened in the past . every thing v clearly and honestly hiding nothing from them . and the solicitor put the age as well the time i enter in the uk i was only1 8 years .
and every thing about the case v clear hding nothing .
i am back in uk now .
so please if someone else is removed from uk .and got wife and kids no matter how complicated your case is seek immigration advice and apply for the visa and be honest with authorities you gonna have succeess at end even get refused and dont listen to people who saying to you why dont you live in your country with your british spouse as during the interview in islamabad i was not even asked this by officer why your wife and kid does not live in your country .my wife lived a year and half with me then she went back to uk for sponsorship purpose.
i am in london now thanks and please no more speculations and tough words for any one whos asking opinion if its above your understanding say get immigration advice thanks to all of you again .
and charlotterahman apply visa for your hubby he is gonna get it

charlotterahman · Post by **charlotterahman** » Wed Jan 11, 2012 4:32 pm

I'm really happy for your good news! This gives me a lot of hope and i agree with all your comments, one mistake you make shouldn't affect the rest of our lives with our spouse in the UK . Thanks alot

charlotterahman · Post by **charlotterahman** » Wed Jan 11, 2012 4:37 pm

How long did your process take in total?.. I'm applying for my husband's visa this month, I will be going to Bangladesh next week to apply... But my husband's visa case is also complicated. He overstayed and was working illegally for a year..... i'm worried it will be refused but have hope it will be granted on appeal. Surely it's my human right to have my husband in the country i was born and grown up.

hollywoodd · Post by **hollywoodd** » Fri Jan 13, 2012 3:40 am

charlotterahman
go ahead and apply visa . make a good file even you dont need to be with him when you apply for his visa send him sonsor documents and get the file prepaired by solicitor if you cant afford one in the uk it will be cheap to have one from bangladesh .my case was complicated too but yhe fact they consider is genuine marriage and if you can sponsor your hubby and if you determine to bring him back he will be back even you get refused at the end visa will be granted if all the req are fullfilled.
in my case i also enclosed a covering letter telling visa officer every thing about me so they dont say i am hiding something .
my son is british approx 2 yrs now my name appears on his birth certificate he travelled on his uk passport to me relationship history .and its genuine .
i was falling under
zambrano
access to child
spouse visa
when i applied visa my wife was not with me i had interview as well
but the documtary proof she lived with me apprx 14 months overseas my kid with me etc etc.
in my case i was removed
i was not working illegal
i was never caught using any false id
like any documet passport or any other form
in your case your boy friend now husband was working illegal detained removed
now if you prove relationship is genuine you can support him means sponsor get papers done by solicitor he should get visA.
WHY they will refuse that he was working illegal and over stayed ok he did/.
he is not coming to uk for visit or study so he is going to breach he is married and coming to live with wife work study or business whatever he wants.
but they only hinderance they might suspect relationship is only build for immigration purpose this is where they usualy bring history of illegal working over stay etc.
but make as good as possible your relationship history and its not for immgration purp;ose even if refued i bet you you gonna have visa at end it all dependes on the visa officer as well if he she thinks positive .but go well prepaired that they know that you know your rights and you gonna chase them.
and if you cant go through this apply under directive 2004/ec/38
where you cant get free visa for your husband in any eu country free .live and work there for 6 month and apply under surrender singh case to bring him back to uk .do this if you cant sponsor him thanks

charlotterahman · Post by **charlotterahman** » Fri Jan 13, 2012 7:47 am

Thanks alot for your help. Ill let you know what happens... fingers crossed

hollywoodd · Post by **hollywoodd** » Sun Jan 15, 2012 1:14 pm

just a quick update spouse visa issued.
i am back in london .
now lets summaries the things and let you know where boards members were wrong and they were giving only their personal view which was wrong for all those who got any complicated case its for them .
in my case the only thing i was asking
i lived in uk did not commit any crime during my all stay.
only i claimed asylum under different name which got refused
i never used any paper form of id or any other means if i used that i could be punished and than sent back .
some of replies were absolute non sense and just the opinion of members nothing to do with law or ukba .
now i am getting so many messages and views lets deal with my replies which i got and what and where they were wrong trying to do quick as my sons sitting on lap distracting me.
and to all forum members please whenever you reply to someone plz plz try to be help full if you can even if some one mistake in life we all make and we learn from it.
this forum should be for help new should able to ask their real problems if someone got proper knowledge give trhem help if not be quite and dont put misleading opinions .

now what i was told here and wrong

Kitty Posted: Mon May 09, 2011 8:43 am Post subject:

--------------------------------------------------------------------------------

If you and your wife are legally married in Iran then you would need to apply for a spouse visa to return to the UK with her.

The application form specifically asks you if you have previously been removed from the UK, or had applications for leave to remain refused. You would be committing deception if you did not refer to your immigration history, even if it is under a different identity.
Kitty Posted: Mon May 09, 2011 8:43 am Post subject:

--------------------------------------------------------------------------------

If you and your wife are legally married in Iran then you would need to apply for a spouse visa to return to the UK with her.

The application form specifically asks you if you have previously been removed from the UK, or had applications for leave to remain refused. You would be committing deception if you did not refer to your immigration history, even if it is under a different identity.

I have to say as well, that with a history of using false documents, deception and overstaying, you are very likely to be refused. If your wife and child are now living with you in Iran, there is no real basis for you to be allowed back into the UK.

what false documents i never used any false documents .
yes asylum under different name and over staying you are right.
why i am likely to be refused. my wife and son both british citizen real marriage not marriage shame marriage my wifes all family in uk my sons natioality british they can live with me or we can live in the uk as a family unit .
whatever mistake happend from me i am sorry for that but me and my familly is not gonna suffer all life for that or do we kitty
have you never done mistke in your life

mochyn Posted: Tue May 10, 2011 6:08 am Post subject:

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Article 8 of the Human Rights Act giving the right to a family life works both ways.Not only can you both be together but there is no stipulation that you should all be in the UK.You can both live in Iran as you have done

thats right my wife and kids lived with me and so i can live with them as well in uk .it does not mean all of my life i will be living out side uk with my family .
so no help from you sir
its my spouses and sons right to be with them in uk.
which you can not deny

elv15 Posted: Tue May 10, 2011 6:28 am Post subject:

--------------------------------------------------------------------------------

you did not commit any crime? So what is using multiple fake ID? Thats a big crime, you might be eventually granted a visa but its likely to be a very lengthy and expensive process. Just because of human rights does not mean the home office has to grant any1 with a british wife a visa, you need a good lawyer.

so mr elv 15 when i used fake multiple ids could you read bofore you reply the post thats the title of post read through
i never used fake multiple ids which is a big crime i know and using fake multiple ids can lead upto 10 years imprisionment if i used the i would served prison before removal .
and i told by my self to immigration under what name i enterd uk and under what name and nationality i applied asylum. which were told in post

Just because of human rights does not mean the home office has to grant any1 with a british wife a visa, you
yes if the marriage is real if relationship is genuine i am afraid they have to grant visa if req are fullfilled .
and its british spouse right to bring thier wife or husband to uk .

pennylessinindia Posted: Fri Dec 02, 2011 12:59 pm Post subject:

--------------------------------------------------------------------------------

hollywoodd wrote:
please not that i was not deported from uk and i was told can apply for visa at any time .
there is no ban on my visa . so i can apply but as i am settle in my country i did not bother much about applying for a visa my wife and kid is living with me but there are too many like me so if some one got any success please contribute.
we are humans and we makes mistakes and we learn from them.
i have noticed some people on the forum are very hostile and towards any mistake happen but how many mistakes they make in there life they know but dont show.
when i posted this topic it seemed to me like i am discussing something taboo.
but in real life there are many like me with them this happened .
i think this needs another sticky as well so people can contribute to it thanks

I think you will find people hostile because many people on this site have done nothing wrong and have to wait for ages to get visas and they see others who have acted wrongly getting given visas easily and it seems to others not a fair system. Using a number of Identities is not really a mistake it is a deliberate attempt to deceive so I think you will find it hard to gain a lot of sympathy here. You have a family life where you are so this is not a real reason to say you need to enter the UK #

yes you are right i did mistake or wrong i am sorry for that using different names i punished to send back seperated from my wife untill she joined me .
so i was punished .now i wanted to know on the forum what i can do i was not looking for sympathies over here.

You have a family life where you are so this is not a real reason to say you need to enter the UK #and you wrote
simply you copied what someone else said

you were wrong my family is from uk i am granted visa no refusal at all no lenghty process at all no big fee to lawyer.

only a interview a covering letter from me stating all my true history .
i am in london will be going back to pakistan after 2 weeks where my mum is living and my wife and kids going back with me
thanks to every one and if there is someone whos apart from partner always ask me i will help whatever i can from my experiance end of story full stop. bye
i can feel for those who are seperated just because of immigration as i have gone through that.
in my life most important thing is my son and wife and my parents my family means every thing to me and we will be staying in pakistan but i got visa as well so if i have to come back and see in laws .
just a pice of paper which can come between love ones nothing else than a piece of paper

Kitty · Post by **Kitty** » Sun Jan 15, 2012 5:54 pm

hollywoodd, although it is good news that your application was successful, I think it would be misleading not to clarify a few things about your posts. Posters here are of course giving their opinions, but in many cases those opinions are based on a knowledge of the law, and of many case histories.

In addition, we can only base our posts on the information you give us.

You originally posted:

hollywoodd wrote:i came to uk in 2001 on a student visa and while my visa was valid my uncle who was already in the uk told me to go for asylum under different name and natioanlity which i did and my case got refused .

now my question is when i came back i got my passpor and my name and date of birth is toatly differnt from the details which uk home office got its not the one on which i entered the uk and its not the one on which i was sent to afghanistan .

This suggests that the passport on which you originally entered the UK as a student was false (it was under a different name and DOB). Hence my opinion.

If you did not submit false documents at any stage, then that's great. But it is certainly taken very seriously by the UKBA and it's irresponsible (obviously in my opinion) to imply otherwise.

hollywoodd · Post by **hollywoodd** » Mon Jan 16, 2012 2:18 am

now again where i said i came to uk on a fake or false passport it was not fake.and i am saying while my visa was valid i went for asylum under different name .
so these are toatly 2 different things using fake passport can lead to imprisionment .
and if did that i could be punished for that

Post by **PaperPusher** » Mon Jan 16, 2012 9:21 am

hollywoodd wrote:now again where i said i came to uk on a fake or false passport it was not fake.and i am saying while my visa was valid i went for asylum under different name .
so these are toatly 2 different things using fake passport can lead to imprisionment .
and if did that i could be punished for that

Using deception in an application (written and oral - not just false documents) is a criminal offence that people go to prison for. Fake passports are dealt with under a separate bit of legislation. This makes since because British citizens could have a false passport.

Sorry to burst your bubble but you are a criminal.

hollywoodd · Post by **hollywoodd** » Mon Jan 16, 2012 4:08 pm

Innocent untill proven guilty.
So you gonna decide that I am crimina. who are you judge or what .and prove under what law and under what article and whats the prison term for that please explain give a link if you got one .
Or another your own made law or did you write the English law book .
That shuts you up.
And if that would be case whatever you saying I would not be sitting in London house with my family. .i will be in prison mate .
From my side every thing was told to authorities I was ready for any punishments whether life time impriosonment or whatever for my immigration breaches.
And they knew as well so who are you to call people criminal on forum and if you say that’s your opinion .
and from day one I said over here whatever happened.

hollywoodd · Post by **hollywoodd** » Tue Jan 17, 2012 10:37 am

so mr paper pusher, drunk driving is a crime. , rape,stealing is a crime. Being here “illegally” lying for immigration purpose is not a crime This analogy does not work. Any violation of immigration law is a civil offense which requires an administrative hearing with its own separate rules and procedures, a process entirely different from the criminal justice system.
and might be you dont know about civil law and criminal law .immigration cases are dealt under civil law
unless or untill some one has been convicted by a criminal court cant be criminal.
so explain did your dad give me criminal conviction is he a criminal jusdge .
and i think you write british criminal law .
but how you could . because you cant distinguish between civil law and criminal law .
and without thorough knowledege of the law ,which in your case you dont have dont accuse others of being criminal it might sound harsh but in the future think before you speak .
my case immigration case comes under civil law .
even it does not come under the jurisdiction of criminal law .
if i would done any thing under crime or criminal law ukba and agencies got well qualified staff to deal with these things . they are not idiots like you who offend others by there ignorance.
and when they were dealing with me i could get punished for that.

Post by **PaperPusher** » Tue Jan 17, 2012 10:51 am

It is a criminal offence.

http://www.legislation.gov.uk/ukpga/197 ... 077_en.pdf

http://www.legislation.gov.uk/ukpga/1971/77/contents

I would call a self confessed burglar or drink driver a criminal too, even if they haven't been convicted.

hollywoodd wrote:so mr paper pusher, drunk driving is a crime. , rape,stealing is a crime. Being here “illegally” lying for immigration purpose is not a crime This analogy does not work. Any violation of immigration law is a civil offense which requires an administrative hearing with its own separate rules and procedures, a process entirely different from the criminal justice system.
and might be you dont know about civil law and criminal law .immigration cases are dealt under civil law
unless or untill some one has been convicted by a criminal court cant be criminal.
so explain did your dad give me criminal conviction is he a criminal jusdge .
and i think you write british criminal law .
but how you could . because you cant distinguish between civil law and criminal law .
and without thorough knowledege of the law ,which in your case you dont have dont accuse others of being criminal it might sound harsh but in the future think before you speak .
my case immigration case comes under civil law .
even it does not come under the jurisdiction of criminal law .
if i would done any thing under crime or criminal law ukba and agencies got well qualified staff to deal with these things . they are not idiots like you who offend others by there ignorance.
and when they were dealing with me i could get punished for that.

Post by **Casa** » Tue Jan 17, 2012 12:45 pm

I feel this thread has run its course.

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