RETURN OF PASSPORTS

[CHILLIpepper]

When making an application to the H.O, for FLR, is it normal to return the partners(UK CITIIZEN'S) passport before making a decision?

We made the application in Sept 04, 6 weeks later they sent my passport back. About 1 week ago, my solicitor wrote to us saying that he has written to th H.O to get an update of what is going on.

Does anyone know that if they write back and refuse, then we lodge an appeal, and that is refused. Do they deport the person or give them 28 days to leave the country?
If they by a work of God allow him to stay, do they usually grant ou a fiance visa? or is it another type of visa??

The waiting is bad, I know that I have probably got a lot longer to wait.

Also now the change is Law regarding marriages, we wouldn't even be able to marry in the uk, as my partner has no leave to remain at the moment.

I would be grateful for any advice from anyone

MAny thanks xx

[Kayalami]

As per this prior response the Home Office will return the settled spouse's/ partner's travel documents where the application is not straightforward and requires extensive/ detailed consideration. Such applications fall outside the remits of the 'quoted processing times' with the HO giving a timeline of at least 12 months before anything happens. I do not have all the details pertaining to your case but you may wish to review journey's case which has some considerable similarities.

Likewise I cannot specifically comment as to your chances of success but IMHO it doesn't look good given the Home Office's approach on overstayers (go home and apply for a settlement visa). Successive/ numerous Tribunal determinations have supported this on the basis that 'the integrity of the UK's immigration system must be maintained'.

On the subject of deportation/ leaving - your partner where the application fails will be required to depart the UK within 28 days of receiving the decision. This is deemed to be 2 working days from the date the HO send said refusal letter. There is no right of appeal since the application was submitted when your partner had no valid visa. As an overstayer he is liable to removal at any time even prior to the application being considered. Unless he has a serious criminal record he is liable to removal and not deportation. If deported he cannot return to the UK for 3 years and prior to such entry requires formal permission from the Secretary of State.

Sorry the news may not be what you wanted to hear.