Spouse needs urgent help

[yesenia]

Hi all,

I wonder if could help/advice me with the following case:

When I returned from holidays in 2000 I was refused leave to re enter the UK as a student, the reason stated on the IS82C form was that they were not satisfied that I will leave the UK on completion of my studies and that they were not satisfied that I could be without working or recourse to public funds to meet the cost of the course and maintenance and accommodation during the course. After that, I was given temporary admission (pending departure by plane) then instructed to report 1 week later to be sent back home. I got a solicitor to see If could appeal who managed to postpone my removal but only for 3 more days. Then, I believed that an IS87 was filled and sent to court. However, during this short period of the process, immigration sent me some correspondence to the address where I was living but for some unknown reason the landlord returned these documents informing that I was not longer living there. Therefore my lawyer was contacted and informed that I had to report to the Airport to explain the reasons, he believed that it would be OK if explain that it was a misunderstanding. However, I was very scared and therefore did not attend. Then, I got married in 2001 and had a baby in 2005 and recently my husband who is a non EEA family member was granted a permanent residence card.

Would you please let me what alternatives are available in order to enable me to sort out my and our baby’s situation?

Many thanks in advance for you help

[Wanderer]

Hi all,

I wonder if could help/advice me with the following case:

When I returned from holidays in 2000 I was refused leave to re enter the UK as a student, the reason stated on the IS82C form was that they were not satisfied that I will leave the UK on completion of my studies and that they were not satisfied that I could be without working or recourse to public funds to meet the cost of the course and maintenance and accommodation during the course. After that, I was given temporary admission (pending departure by plane) then instructed to report 1 week later to be sent back home. I got a solicitor to see If could appeal who managed to postpone my removal but only for 3 more days. Then, I believed that an IS87 was filled and sent to court. However, during this short period of the process, immigration sent me some correspondence to the address where I was living but for some unknown reason the landlord returned these documents informing that I was not longer living there. Therefore my lawyer was contacted and informed that I had to report to the Airport to explain the reasons, he believed that it would be OK if explain that it was a misunderstanding. However, I was very scared and therefore did not attend. Then, I got married in 2001 and had a baby in 2005 and recently my husband who is a non EEA family member was granted a permanent residence card.

Would you please let me what alternatives are available in order to enable me to sort out my and our baby’s situation?

Many thanks in advance for you help

I think the only way is return home and apply for leave to enter but I'm unsure about how the status of you husband affects this. How was your non-EEA husband granted PR as a family member?

In any case I'm certain you'll have to regularise you leave from your home country.

[yesenia]

Thanks for your reply, my husband's PR was granted as being dependent from his mother who divorced an EEA national after 8 years marriage and therefore qualify to apply under the terms of Regulation 10 and 15 EEA 2006.
My concern is that my passport was not returned when I was refused leave to enter. What is the normal procedure to collect it and to go back? What is going to happen to our baby? Will this affect my husband status? Is it a spousal visa that I should apply in my home country? My husband is in full time employment.

I appreciate it if could guide me further

regards

[John]

Do you happen to know if your passport is still valid? Or has it now expired? And if it is now expired, can you indicate your nationality? The time to get a new passport varies considerably from country to country.

Your child? Born in the UK? If so, as your husband now has his PR, he is entitled to register the child as a British Citizen, and indeed should proceed to do so as soon as possible. Form MN1 should be used and that can be downloaded by clicking here.

It can only assist your application for a 2-year spouse visa if you are the mother of a British Citizen.

[yesenia]

Thanks very much for your comments,

I am colombian and I believe my passport is due to expire in November 2007. Question: Is it advisable to get a solicitor to write a letter to the HO requesting the return of my passport? is good idea to probably let them know that i wll be willing to pay for the ticket? Would it affect in any way to my husband if I mention about my baby and that the reason for requesting my document doing is because I want to go back and apply for an entry clearence as a spouse. In your expert opinion what would you advice.

I am a bit confused regarding how my baby can be registered as a British Citizen when in my details are also requested on the form. Also, It is stated that two referees have to have known a child for at least 3 years and he is only 1 year 6 months.

What if I was to take the British Citizenship test, will it be useful when applying in my home countryfor the spouse visa?

What advice can you kindly gives with regards to the Spouse visa?

Could you please kindly comment on the points above.

Many thanks in advance

[JAJ]

I am a bit confused regarding how my baby can be registered as a British Citizen when in my details are also requested on the form.

Only one parent needs to be a permanent resident. Not both. But they still need your details so the child's identity is established.

Also, It is stated that two referees have to have known a child for at least 3 years and he is only 1 year 6 months.

The form is wrong. You don't need referees for this kind of registration application.

What if I was to take the British Citizenship test, will it be useful when applying in my home countryfor the spouse visa?

I doubt it. But you will need it before you can apply for ILR in due course.

[yesenia]

JAJ, thank you for showing interest in my case. You stated that

[/quote]The form is wrong. You don't need referees for this kind of registration application.

Could you please let me know which form is to be used for this registration as the MN1 form that I was recommended to use requires the information about the referees and the lenght of time that the child have to have been known by them.

Would you please give me your thoughts with regards to the queries above that still remain unanswered.

Your assistance is gratefully appreciated

[yesenia]

Could anybody shed some light to my case mentioned above.

I am still unclear on how I should proceed in my situation.

Your kind assistance is gratefully appreciated