Daughers fiance has been removed from UK back to Uganda

[Nannybear]

Hope I have put this in the correct place.

My daughter (UK citizen) and her fiance (from Uganda) have been together for 3 years with a 10 month seperation inbetween. They have a 12 month old son together.

Backround history - He came to UK as a student on a student visa, did not renew after the 2nd year and was arrested and caught. He has spent 5 months or so in various removal centres. He was adviced to seek asylum and failed and got removal directions. He appealed this and applied for bail to be with his son and fiance over Christmas, judge was in a foul mood (another story) and refused bail.

Fiance returned to Harmondswoth and was there at the time of the recent fires ect ... he was then moved to Dover. During this time they were unable to find a lawyer on legal aid to assist them in trying to get him to remain in UK.

In his very depressed state he asked to be taken home to Uganda, his sat at the airport for 15 hours to be told he could not get on the flight.

He returned to Uganda (Kampala) last night. His passport has IS151A written on it on entry to Uganda.

I have searched what this is and think thanks to this board I have an understanding of it.

Now the questions -

1) He is going to apply to come back to the UK to be with my daughter and his son (he has two sons here). Will this IS151A be an automatic block?

2) My daughter has a job to start in April, it is only part time at the moment as she has to sort out child care for the baby. Will they allow part time work? as the intention is that her fiance looks after their son when/if he comes back to cut back on child care costs.

Does child benifit count as public funds? (she claims this not him).

Would working/family tax credits count as public funds? (she claims this not him)

How about housing benifit (I suspect this would count as public funds)

3) They plan to marry, in peoples experience how far in advance should she plan this wedding - bearing in mind she is only just returning to work.

4) How many months bank statements are required on average to prove she can support the three of them?

5) They have photo's - birthday cards, some undated love letters ect to 'prove' their relationship - they did not live together as she was living at home so have no joint bills ect .... will this be sufficiante to prove their relationship? they never dated thing as they did not expect to prove their relationship.

My daugher and his heart are breaking as you can imagine. Any advice or help would be very much appreciated.

[Nannybear]

Just edited the post - he recieved removal directions, not deportation. Is this the same thing? he asked for his removal directions, does this help his case at all?

Panicing now, I have just been reading some others post and see that if someone is an overstayer they will not be granted entry back into UK is this true, even if applying for a fiance visa?

[Nannybear]

Understand that I posted late last night, lots have people have viewed the post, can anyone help at all?

[Nannybear]

Could this be moved to the other board where it is busier and may get some replys, we are desperate for advice. Thank you.

[sarah s]

Hi nannybear,

I have just recently joined this site and I know what your going through,honestly. Get everything you have to prove they have been together, no matter how unimportant it looks. Calm down and start looking on the UK visa website and build your case from there.
did he sign anything saying he was voluntarily returning ? I know from reading this site, if he has been issued with removal orders this should not stop him coming back.

You now have to prove your case, as I said before get anything you have, it will take time. but you can do it.

all the cards and photos you have is very important. anything that you can use to tie him to their address is very important. ant job letters you have for him will help.
http://www.ukvisas.gov.uk/servlet/Front ... 5796295766
http://www.ukvisas.gov.uk/servlet/Front ... 6517843636
start reading these
sarah

[ilm]

One of the reason nobody has replied is you have asked a barrage of questions that have all been answered many times in individual threads.

You will get far more response if you demonstrate you understand the process and then ask specific questions.

I will answer try and answer you questions though

1, I dont think a IS151A is an automatic block for a visa leading to settlement. Is a fiance visa a visa that leads to settlement? I am sure that is you problem as I am sure the HO will be more doubtful over a case where the applicant is married, over one who justs intends to get married.

2, Of course they allow part time work. Read the rules and you will see they have to demonstrate they 'support themselves without public forms'. That may prove difficult though with only one person working part time, unless they have alot of savings or get paid very well. John has written many times the definition of public funds, perhaps one should be made sticky.

3, Most people have only gone through the process once so how can anyone answer this. The visa is for six months but you daughters fiance will not be able work until he is married. Based on the fact he has overstayed I would expect an application would have to show some pretty firm plans are in place for the wedding.

4, How does anyone here know how many bank statements are required on average, most have only applied once? You would have to ask the HO that question.

5, Without seeing them how can we tell. The way you ask the question makes me think you don't think it is enough. If that is the case the ECO will likely think the same.

[Nannybear]

Hello Sarah,

thank you for taking the time to relpy, I have opened the links and will be reading through them after I post, much appreciated.

He was going for a judicial review, then contacted his caseworked to request he be send home.

I have seached the site on removal directions and am relieved to read this should not stop him returning.

They are both going to build up there folder. She is dating all calling cards ect and letters and cards from now onwards.


ilm,

Thank you for taking time to reply.

I put the barrage of questions in one thread as I thought it would make easier reading. I have searched the site on the information but some information seemed to be conflicting, hence me asking.

The reasons for the questions is I do not fully understand the process, hence the need to ask the questions which I felt were quiet specific, applogese if they were not, we learn from out mistakes.

Thank you for attempting to answer my questions.

1, I dont think a IS151A is an automatic block for a visa leading to settlement.

Thank you, I thought this was so and am now more confident it is not.

Is a fiance visa a visa that leads to settlement?

Yes, they wish to marry and setttle in UK


2, Of course they allow part time work. Read the rules and you will see they have to demonstrate they 'support themselves without public forms'. That may prove difficult though with only one person working part time, unless they have alot of savings or get paid very well. John has written many times the definition of public funds, perhaps one should be made sticky.

I have read Johns posts, just need to figure out how much they consider 'enough to live on' as I am sure everyone else is.

3, Most people have only gone through the process once so how can anyone answer this.

The questions it would appear needed to be more specific. I am guessing that 6 months bank statements - so the wedding approx 9-12 months in advance

The visa is for six months but you daughters fiance will not be able work until he is married. Based on the fact he has overstayed I would expect an application would have to show some pretty firm plans are in place for the wedding.

Fantastic, we can do that.

4, How does anyone here know how many bank statements are required on average, most have only applied once? You would have to ask the HO that question.

The reason I ask is that those people who have applied the once may have been able to answer with how many bank statements they took, 6 months - 1 years ect .... I have found a post that outlines one persons evidence clearly.

5, Without seeing them how can we tell. The way you ask the question makes me think you don't think it is enough. If that is the case the ECO will likely think the same.

Again, sorry the question was not as specific as it may have needed to be, at this stage I was after peoples opinions or what they have found.

Again, thank you for taking time to reply, please appreciate that some members are a little less knowledable than others and learn as they post.


Wendy

[sarah s]

Hi nanny bear,

I will tell you what I am doing right now. as my partner is in the same situation, but he has not left the country yet and we have written to immigration with his times for leaving the country and stating that he is returning voluntarily, but he has had the same forms served on him before, 2 actually so i'm sure they will stamp his passport !!!!

right now I am putting together a wedding plan as well as the documents I am submitting stating that we lived at the same address.
ie, pick a venue and a date, if you can, write a wedding list. practically plan the wedding as if he was here. set it out clearly in a folder.

with the other documents, set them out clearly and get your daughter to write an extra letter with the forms explaining their situation and their life together. try to be honest on his immigration history, as they know everything.

another thing. READ uk visa's more than once, i have been studying it for more than a year. every time i read it i find something different or view it in a different way.

Goodluck and as i said before it will be hard work and very stressful, but if you keep at it things should come together.

and nobody posted to my questions either, so your not alone.

Do you have the papers saying he wanted to return ? those could be very important, even a statement from his solicitor.

UK visa's also states that you should have about £81 per couple, the same as claiming social security per week. If you have more funds thats better

And if you think your situation is bad. read my post !!!!

sarah

[Nannybear]

Sarah, thank you so much, you plan has insired us. With regards to the wedding, she is in the plans of planning it, now as from what I have read they cannot book the wedding until Mike is here, but they can pencil in planned dates I think on the wedding plan.

He has copys of his request to be returned home, he asked a twice, cancelled the first time as he asked when he was really down in October at Harmondsworth, then asked again the week before Christmas and got his removal directions for two weeks ago, his flight was cancelled as his paper work was not correct (after sitting at Heathrow from 10am - 3am, he flew home on 21st.

From what I have read on the pages you gave me, Kayleigh can keep her child benifit as this is claimed by her as a UK citizen and there son is a UK citizen, also from what I have read she will be able to claim the working/family tax credit as this is also claimed by her. They must prove that she can support him from her income and not resort to other public funding.

Kayleigh is starting her job in April and has to sort out child care for their 12 month old son, this of course will mean a deduction in her wage, but do you think they will take into consideration that when Mike eventually is allowed home this money will go back into the family as Mike will look after their son for those six months he is not allowed to work.

I am off to read your post now xx

[linzm]

Hi, I am far from an expert at this, but I am in a similar situation. Nanny bear, I think that you, or another family member, can act as an extra financial support to you daughter, if you are in a position to do so. So you could write a letter saying you can offer them financial support should they need it, and you could include some of your bank statements. This might help their application.

[sarah s]

you can have as many people as you need to support you, they need to show the last 3 months wage slips and probably the last 3 months bank statements. Make sure they have not been in their overdraft as I have known people to be refused on this. they also need to write a supporting letter stating how they know you and your partner

[bambino]

Hi Nanny bear,
I had similar problems with my British fiancee now we are married in Uganda and very soon ill be joining her in England.In my opinion I think it`s quite a hassle getting married in England as he is not there now.Besides since he will under immigration control you still have to ask for permission to marry from the Home Secretary which is at his discretion to either refuse or allow.In my opinion,I would suggest
no.1 Your daughter getting work,and saving some money to come to Uganda to get married with him.It`s on this basis that after you are married he can apply for a spouse settlement Visa.here he would have more rights than ever and even if all that had happened to him,he has to be truthful with them but more or less it will be overlooked becuase they will now be married
I can understand its a tough time for you all concerned but concrete dicisions have to be made at this time as their is no room for error again.My wife had to travel when she is 7 months pregnant to Uganda with me until we logded our application in Kampala.So dont you give up,life is full of pain most especially when another human being is making it that way.Bambino

[Nannybear]

Hi Bambino, thank you for taking the time to reply. Did you or your wife overstay at all in UK?