Advise urgently needed Please!!

[candylove]

My husband is from Cameroon’s, came to UK in Sept 2000, claimed asylum, which was refused in March 2004.
We got married in May 2004, and submitted a spouse application.
3.5 years on still have not heard anything (other than the standard letters from HO) we really need to get it sorted as starting a family next year.
We are thinking of withdrawing our application from HO and going to Cameroon’s to apply from there – looking on this board it seems like a good option. However we have heard some stories that other people have done that and they have been waiting there for over 2 years and still not given an answer! And some cases are simply denied just because they had overstayed prior to marriage app.
We are VERY confused about what to do now! As dont want to take the risk and end up being seperated!
Does anybody have any advice or experience of applying for spouse visa from Cameroon’s/Africa? What is the success rate? How long do the applications from country of residence take to go through?
I have put together an extensive evidence folder to prove our relationship, we have our own house and both work full time etc.
Any advice would be greatly appreciated as we need to make a decision ASAP and don’t know what to do for the best. :-/

[sakura]

My husband is from Cameroon’s, came to UK in Sept 2000, claimed asylum, which was refused in March 2004.
We got married in May 2004, and submitted a spouse application.
3.5 years on still have not heard anything (other than the standard letters from HO) we really need to get it sorted as starting a family next year.
We are thinking of withdrawing our application from HO and going to Cameroon’s to apply from there – looking on this board it seems like a good option. However we have heard some stories that other people have done that and they have been waiting there for over 2 years and still not given an answer! And some cases are simply denied just because they had overstayed prior to marriage app.
We are VERY confused about what to do now! As dont want to take the risk and end up being seperated!
Does anybody have any advice or experience of applying for spouse visa from Cameroon’s/Africa? What is the success rate? How long do the applications from country of residence take to go through?
I have put together an extensive evidence folder to prove our relationship, we have our own house and both work full time etc.
Any advice would be greatly appreciated as we need to make a decision ASAP and don’t know what to do for the best. :-/

The country is Cameroon/Cameroun, not Cameroon's...

If you read through this thread here http://www.immigrationboards.com/viewtopic.php?t=20370 you will see that (even out-country) spousal visa applications by people who overstayed their visas now seem to be getting rejected, and there seems to be a policy shift at the Home Office. Therefore it might not be a good idea to withdraw your current application and apply from Cameroon. Also, success rates in Africa generally tend to be lowest (although I am not referring specifically to spouse visa applications).

Obviously, you've been waiting a fair deal for this current application, and I'm sorry to state that it might likely take either a very long time still, or be rejected outright. Most in-country applications from overstayers would be rejected.

So, I suggest you seek legal advice on what should be your next moves.

Can you clarify your own nationality/nationalities (if more than one)?

[candylove]

Thank you for replying! I am British.
My husband came to UK in 2000 when he was 16 years old, was then issued a travel document and given permission to stay for 2 years, afterwhich he applied for FLR (asylum) with was refused in March 2004.
However we had already booked our wedding for May 2004, therefore went ahead with that and submitted a spouse app.
We are very unsure whether to stay here and fight or travel to Cameroon to re-apply. We cannot afford for him to be held in Cameroon for more than a couple of months, because of his job here etc.
Although if we stay here, from what i've heard our application will most likely be refused as he did not have a valid visa at the time we got married and submitted our spouse application, therefore will we even have a case?

[avjones]

The delay does help you to some extent - I think you need proper professional advice.

[candylove]

Thank you Avjones!
Yes I do believe we have a case as since submitting our application in June 2004 we have had letters back stating that our application is valid.
We both work, have well paid jobs, have never claimed public funds. Have our own house (mortgaged) and loads of evidence that our marriage is genuine.
My husband does not know anyone in Cameroon, he has nowhere to stay over there. His wife, job and home is in UK - but i'm guessing HO do not care about these facts.

[avjones]

No, they won't care about those facts.

Normally, the answer is that you can't make the application in country, that you must go home and apply from there. I must stress that this is the usual legal answer.

BUT - there are two things here which help your case. The first is the age your husband was when he arrived in the UK. The second is the delay on the Home Office's part in deciding hte application.

It would be a fight, and a tough fight, to win this one in-country. But it's not hopeless.

You need proper professional advice from a solicitor in this area who knows what he's doing.

[Yaounde]

Hi Candy Love,

I came back from Cameroon recently. My MRS and the children travelled to apply for Entry Clearance for Spouse visa. The ECO explain to my wife that he isnt the one making decision. However this will be dealt with ASAP. He kept priginal copies of all the documents (mortgage statement, Children Birth Certification, Bank statement, Payslips etc,....). I have emailed this ECO to clarify the points he has raised, he did replied and apologize for the behaviour of locally engaged staff. we have been together for 05 years and married 3 years 06 months. I look after her all this time as she was prohited from employment. She was called the after I winghed about the documents been kept to come and collect them. My MRS came here as a visitor 8years ago and apply for Asylum few days after her visa ran out. She had no final decision on her asylum case until sometimes this year. It is very distressing to be without my family, however I do hope that this will be resolved by GOD grace ASAP. If we havent heard from them by end of next week. I will be going back to Cameroon to spend Christmas. It is nerve breaking and cost a lot of mony to have your family living there. ECO and HO dont care. I hope this helps

[candylove]

hi yaounde,
thank you so much for replying to my post - it is so good to hear from somebody in the same situation. Are you British?
We to have been married 3.6 years and have been together for 5 years (living together ovr 4 years)
Did you travel to Cameroons with your wife and kids to make the application? when did she make the application to yaounde bhc? did they tell you how long it will take for a desision?
my husband has no family there and if we went to cameroon we would have to stay in a hotel so would be very expensive and such a big risk if his application gets refused and he could not come back to uk with me, i dont know how we would survive if that happened.
Do you know of anybody else that has applied for a spouse visa from yaounde?

[candylove]

No, they won't care about those facts.

Normally, the answer is that you can't make the application in country, that you must go home and apply from there. I must stress that this is the usual legal answer.

BUT - there are two things here which help your case. The first is the age your husband was when he arrived in the UK. The second is the delay on the Home Office's part in deciding hte application.

It would be a fight, and a tough fight, to win this one in-country. But it's not hopeless.

You need proper professional advice from a solicitor in this area who knows what he's doing.

AV jones thank you for your advice - i agree that we really do need a solicitor. We did use a solicitor when we initally made our spouse visa application, however he was very unhelpful and has done absolutly nothing for our case other than demand more money even though we have paid him £800 just for sending the app to HO with one covering letter!!
Can you recommend any solicitors that would be able to advise on our situation? (in london/essex)

[Yaounde]

Candy Love, I am british. There an hotel 1 min from the high commission it cost between £18 and £25 a night. There are guidelines from UKvisas that states a 12 weeks window between the application and the decision. if you are to travel you need to buy a ticket valid for three months just in case and the final decision is yours.
Hope this helsp