Urgent advice needed - withdrawing application?

[Ani]

I have posted before but I'll give a brief overview before addressing my current query. Apologies in advance for the lengthy post.

I am an Irish citizen engaged & living with an Albanian for almost 3 years (we have been in a relationship for 3.5 years). He entered the UK 9 years ago as a port entry, but gave a different surname. He was given temporary leave to enter & allowed to work. He has a national insurance number, has always paid tax & NI, & is now self employed with his own business.

In Aug 2007 we applied for EEA2 as we had been living together for 2 years. We still have not had a decision. We have complained to the HO, written numerous letters & telephoned but they have not given us any response other than the standard 'under consideration'. We have now involved Solvit. The HO told them that we had not responded to a letter the HO sent us in Jan so our application was incomplete. However, we have a letter from the HO dated 22 Feb which states they had received our response & that they had everything required to make a decision. This letter has been faxed to Solvit for them to challenge the HO. We are waiting for a response to that. But the longer our case is dragging on the more convinced we are that there is going to be a negative outcome.

My query now is regarding the concession given for voluntarily leaving the country. We are seriously considering withdrawing our application so that he can return voluntarily to Albania & we make an application before 1 Oct from there for him to return. But...

1. Will a withdrawn application affect any future applications?

2. If leaving does he need to declare himself to immigration on departure? & can they enforce anything negative at that point?

3. I've read that an appointment can be booked with the embassey via the internet - how do we do this?

4. Any ideas on the likelihood of us being able to return to the UK?

5. Should we get married in Albania to make a stronger case - although this then leaves the question for them as to a marriage of convenience (which it genuinely is not, we have been engaged for almost 3 years!)

Sorry, again, for the lengthy post but we are really desperate to avoid any kind of ban. & thank you in advance for any advice.

[Ani]

Also might be worth mentioning that I have dual citizenship - Irish & British - so we could also consider UK visa instead of EEA.

[Ani]

I have spoken to the HO today & have been able to find out that our case is now with the 'legacy' team. I've had a quick read up about this & there does not appear to be a time limit on when they have to make a decision.

Does anyone know if the post 1st Oct ban would still apply if we have a negative outcome?

I initially thought it seemed like good news, but now thinking that they may drag it out for as long as possible so we get stung post 1st Oct!

[chibage]

Are you saying that he is currently using a bogus name or have i mis read your post. If he returns to albania does he intend to come clean? He may be done for deception if this is the case.

[Ani]

Sorry, having re-read my post I wasn't very clear about that - confusion & worry!

Parental issues in Albania meant that he was known by a different surname to that on his birth certificate, passport, etc. It was his 'known as' name that he gave. This has since been rectified & immigration already have full information.

[miles]

Have you been to your MP.

We applied for my Zimbabwean wifes leave to remain in July 2007 and like you just get told it is being considered.

We complained in December and the MP became involved in January.

Today we have put in our complaint to the parliamentary Ombudsman, via the MP. They have the power to order a decision be made and pay compensation.

[Ani]

No we haven't approached the MP yet. We're hoping that Solvit may be able to find a solution. But it could well be the next step.

Sorry to hear that you are in a similar boat, I wish you the best of luck with your case.