falied asylum seeker!!! Fiance visa ???? help pleeease!!!

[sarah s]

Firstly, I would like to thank the person that set up this website, I have been looking for a forum like this for over a year.

Where do I start ?

My partner Raul is a failed asylum seeker, he applied in 2002 and was given 1 years leave to remain. he then applied for an extension and was refused. This all happened in october 2004. We met in Novenmber 2004 and moved in together on september 2005, he was then taken from my house and detained in may 2006, he was then released on bail pending the decision on his fresh application to the home office, we have just been to the tribunal 24/01/07 and it failed, as always ! I have been in touch with the immigration enforcement unit explaining that my partner wants to return voluntarily and I will be appying back for him as my Fiance.

The problems, of which I need help !!!

When they detained my partner I told them he did not live here. they caught him and I fully co-operated with them when they came back. I panicked but the ECO may not see this.
I have spoken with immigration and this is on the file. I fully intend to write a letter to the ECO stating that I did this but it was panic ! will this hold up ?

My partner is from Afghanistan and we have to apply to Islamabad and this does not sound the best place to do it. I have scanned UK visa for months and the documents I have are as follows :

Both our p60's at my address since 2005 to current and all other tax info from HM customs.
Bank statements from jan 2006 for my partner and september 2005 for myself, not many are missing.
contact mobile phone bills from oct 2005-oct 2006 for my partners phone, with my number on it.
Bt phone bills from our address with his number on it.
my wage slips for the last 2 years and our working tax credits.
20 letters from friends and family, and the vicar that will marry us.
my mortgage statements since 2004
recent xmas cards and birthday cards from friends and family
utility bills in both our names from after he was detained in may 2006, ie,water council and electric bills.
photos from xmas 2005 to current.
wage slips and info on the place where we met ie, work.

Is this enough ?

I am going through divorce, but uk visa states that if the reason you can't marry is because you are gong through a divorce this should not be a reason for refusal, so long as the divorce is well under way.
I have all my solicitors letters about my divore of which I will also be submitting.

Will I get him home ? I am meeting him in Pakisan when he gets there. I will state are both available for interview if needed.

any more advice ?

I will put all documents in order so the ECO can understand them clearly. But my partner was illegally working when we met, ie october 2004 he was meant to go home, he was still working in november 2004 when we met. will this go against him.

thanks sarah

[Nannybear]

Sarah, from what I have read on here his past immigration history should not go against him (I hope I have that correct).

It sounds like you have lots of the right kind of evidence. Do you have children together?

You have joint bills etc ... that is good, it is more than Kayleigh and Mike have as they were not living together, she still lived here at home with me. Mike as staying at friends and a bedsit for a while when he first came into UK as a student.

You sound like you are in a better position to get him back, has he been given removal directions yet? Mikes took about 2/3 week to come through after he asked for them. Is you partner in a immigration removal centre of on bail?

[Kayleigh]

I'm nannybears daughter (Kayleigh) do you have letters that you write to each other, not sure if this could help in the case but me and Mike have kept all letters.

When your partner is removed you are best keeping a log of calls, i am having to buy calling cards as my phone bill will be sky high and i have kept the calling cards with the date that i brought them and writing down the time i call him to the time it ends, i write all text messages down along with time and date they were sent. This may not be something that is up on the UKvisa website but it could be something that bit extra for you to use.

I will also try to help you out as much as i can, but i hardly no a thing about what is going on. Thank you for your reply on my mums thread, it means sooo much to me

[sarah s]

hi you two, keep your chins up and thanks for replying,

my partner was detained last year and I managed to get him out, he put in a fresh application to the home office and it failed at tribunal this year. so he has had two asylum applications, he is still here living with me, but in the past he has had removal orders against him. I have managed to arrange for him to go back voluntarily without him being detained but I'm sure he will have a stamp in his passport when he leaves, same as your partner.

The thing is I have had a year to prepare for this. The sick thing at the minute is they are not enforcing returns to my partners country, a certain area in afghanistan at the moment because it is too dangerous, but if he does not leave voluntarily he may be detained, and i do not want this to happen. So I am booking his ticket back on the 10th of June and am going to meet him in india, not Pakistan as I said before.

We have no children, thank God or I would now be pulling my hair out !!!!

I have made a lot of contact with the immigration enforcement unit where my partners files are kept, and the more you pester them the more info they give. I'm very direct and I know my rights.

The best advice I can give is spend hours on thr IND website and UK visa. I have and it has helped me. I managed to stop my partners plane ticket the day before he was due to fly. The home office do not like me.
You need to know the law and I have learnt it the hard way !!!!

You will get him home as I am sure I will my partner, but it will cost, I'm just re-mortgaging my house to prove I can look afer him as I am on a low wage, i'm expecting to spend around £5,000 on getting him home.

If you need to speak to me e-mail me and I will give you my number and I can show you the info I have, a years worth and i'm still learning.

I sound confident but I'm very scared !!!

I have read what you posted on your section, and thanks for reading mine !!!! keep posting to me !!!, nobody knows how i feel, my family support us sooooooooo much but they dont understand your stress.

Make sure you keep his copies of his letters that he wanted to return voluntarily. IT IS SO IMPORTANT !!

sarah

[Kayleigh]

Hi Sarah, I tried to get Mike bail but we failed no thanks to the 'very happy judge' Mike is very depressed at the moment just got off the pone to him. My income when i start work will also be very low as i will have to paid full rent, gas, eletric, provide food for me and my 12 month old son, clothe him as he isn';t getting any smaller, i have bills after bills piling on top of me and on top of this i have a wedding to plan. Aswell as getting Mike back, in all honestly i don't think i will handle it at all. I no full well that my income that will or won't be left will not get him back, he is hoping to get a job in Uganda so he has money too. It would not surprise me if i got grey hair by the time i turn 22. I have been reading and re-reading them sites you gave us, and i will carry on doing so.

I can understand just scared you are, and it's in a way nice to have someone no just how you are feeling and what is going through your mind, to take someone that you no and only you no alone is horrible, specially when you love them so much.

I have wrote loads of letters, emails to home office and no reply, they bug me so much. They really don't care at all. I always wonder how they can sleep at night knowing that families are torn in two because of them.

I'm going uot of my mind with worry and stress and yet i have to be strong for Mike. I've called quite a few numbers like the Refugee Legal Centre and loads of others they have given me a bit of info, if you haven't got these numbers already and you would like them let me no and i shall send them to you.

[sarah s]

dont bother with the home office its just a call centre.they wont help you and neither will immigration now he is out of the country. you have to hold your head up high and give the evidence they need. use uk visa and show everything you have to show them you are a human being xxxxxx

give your son a kiss from me, and tell him his dad will come home xxx
sarah

[avjones]

Hi,

I note from your messages that your partner is an Afghan national?

There is a recent AIT panel decision which says that if all aspects of the Immigration Rules are met except the need for entry clearance, it is unreasonable to expect a person to return to Afghanistan to apply as there are no Entry Clearance facilities in Kabul. Are you aware of this?

[sarah s]

Hi Amanda

I have just returned to this forum,and thanks for the reply. After I posted on here I started doing my own research and found the ait decision in Febuary. I then went to our solicitor and made a formal complaint and stated that it should not have been us that discovered the decision they should know about it. We sent off our application last week.

I have just posted a new topic about this as the case of Huang also goes in our defence. If we are refused I am going to appeal myself due to all the research I have done to support our case. Our solicitor was on legal aid and I don't think we received the best care we could, I have since sent off extra evidence to support our claim at the request of the home office.

Feel sick waiting for the decision, but have been assured we will know in the next 4 weeks.

sarah

[linzm]

Hi Sarah,
Can I ask what it is that you have applied for? Is it for your partner to get leave to remain? Also who has assured you that you will hear in 4 weeks?
I am interested because my partner is also from a country which doesn't have an entry clearance post.

Thanks and Good Luck!

[sarah s]

Hi,

We filled in an FLR(0) form and paid the fee of £395 we submitted the judges determinations on the caselaw which supports our case, I have posted these cases in another post. We then submitted all the documents which would be evidence for entry clearance abroad. I then submitted all the government reports and United Nations reports on the dangers in the country in which my partner is from, including the serious threat to westerners to support why our private life cannot be continued in his country.

This has taken me months and alot of research at home, I have been lucky to gain direct contact in the home office instead of getting to the call centre, so our application maybe quicker normally it would take around 3 months.

But it can be done with the right research and knowing what to put in the application.

Where is your partner from ? you can pm me if you need more advice

sarah

[sarah s]

I got my partners fiance visa issued in the UK !!!!!!

After all the stress we can finally relax and get on with our lives !!!!!!!!!!!!!!!!

[clairey]

Congratulations Sarah!!! I'm really pleased for you both! Now you can get on with your lives!!! I wish you and your husband every happiness in the world.

Claire x

[sarah s]

Thanks claire,

it really has been a struggle, but we put in alot of hard work for the application and alot of abjective evidence as to why we could not possibly move to his country ( although we did show we would return there together if we had to be separated )

Fianally as I said before 2 and a half years later we can relax

xxxxxxx

[avjones]

Glad it is all sorted out for you.