IS96 Issued please help

[sony44]

Hello folks,

I am an over stayer who is married to a British wife with a British Step son. I recently was issued with the IS96 notice to report to immigration and there after the following action will be communicated. I have no application pending with the home office and honestly i called them a couple of weeks ago asking for my passport back to my arrangements to leave the country which was put on their system. They gave me a voluntary returns number to call , i haven't called yet.

My intention is to ask for my passport so i can leave for Ireland that's why i don't intend to log in flr/fm/Ex1 application.Trouble is home office normally give passport back at airport when leaving for your home country which i don't intend to do.I wanna leave for Ireland which i intend to make clear on the day of reporting ,i do understand they wont hand me my passport back but will request them to send it to the port where i intend to board vessel from.

Does any one have any idea what will happen on reporting day?Any chances i will be detained?or get my passport back? Should i put in application prior to reporting if it helps not being detained?

Any advice is highly appreciated

[Wanderer]

how will you enter Ireland? Don't u need a visa?

[sony44]

No under EU free movement i don't a visa.

[Wanderer]

No under EU free movement i don't a visa.

You're an EEA Citizen? Better post more detail so we can advise...

[sony44]

No iam an African national.Someone says as long iam travelling with my wife all i need is our passports and marriage certificate under the EEA DIRECTIVE 2004.Is that about right?

[MPH80]

It is true - but it requires the border guards to respect that. Some do, some don't. Most people advise on getting a visa before travel. In truth - the bigger problem is normally not the border guards, but the airlines and ferry companies. They want to see visas before letting you on board for fear of having to ferry you back! Not having the visa before travel means you risk being turned back at numerous different points.

Your wife also has to then be exercising her treaty rights in the country to allow you to remain. E.g. she can't drop you off in Ireland and come on back to the UK - and if you're planning on using the Singh route - she'll have to relocate her life (probably including her son) to Ireland in order for you to return to the UK in about 12 months time.

[Obie]

Is it the case that your wife will be dropping you in Ireland and returning with the next flight to the UK, or does she intends to stay with you in Ireland?

I think you will have a decent case under exception 1, as your wife has a young Child, whom I believe is probably is a British, and giving the fact he may have contact with his biological father, might be in school in the UK and very well integrated in the UK, it may well be the case, that it will not be reasonable for your to relocate.

It is settled law that the UK may be required to give you your passport in order to seek a visa to Ireland.

[sony44]

No my wife got a job interview lined up in Ireland and we are planning on relocating there with our son to exercise her treaty rights. Yes step son is British.

In that case of UKBA not returning my passport can i request them to send it to the Irish embassy so can submit the rest of the documents?Any advice?

And also who knows what might happen when i go to the immigration Office to report?