I'm I still liable to be detained/sign-on after marriage?

[bluecole2]

Hi guys,

Most of you regulars probably know my story by now.

I was arrested for immigration offence back in 2009 and i've been signing-on (reporting) with the HO/ukba weekly since then.

I have since applied for CoA and now married to an EEA national exercising treaty right in UK. Although my recent application for RC was returned because I don't have a passport.

I was given a IS.96 paper saying; i'm a person liable to be detained (and perhaps processed for deportation). I believe since my circumstances has changed (by being married to an EEA national) and I no longer fit that description as i'm now a family member of an EEA national exercising treaty right.

Now my question is as follows;

1. Do you think i'm right to think I no longer fit the description of a person liable to be detained?

2. I don't want to sign-on again, can you tell me any law I can use in other to inform HO/ukba in writing that I do not wish to sign on again?

3. Do you genuinely think i'm doing the right thing?

Thanks for reading and I look forward to your response

[toni34]

go to court to exercise your freedom of right to family life.normally you can take out a writ to enforce ur fundamental human rights,this writ will upturn the decision of the ukba.but in their defence they wil say because you didnt include ur passport,they could not ascertain whether you qualify,but you shld be able to upturn your signing on decision because immediately you get married to a qualified eea citizen in the uk,you become the family member of an eu citizen, hence qualifying to live in the uk,but you need to prove behond doubt it is not a marriage of convinience.

[Directive/2004/38/EC]

I was arrested for immigration offence back in 2009 and i've been signing-on with the HO/ukba weekly since then.

What is "signing-on" and why/how do you do it?

I have since applied for CoA and now married to an EEA national exercising treaty right in UK. Although my recent application for RC was returned because I don't have a passport.

I am just curious - How did you prove your identity when you married if you do not have a passport?

I was given a IS.96 paper saying; i'm a person liable to be detained (and perhaps processed for deportation). I believe since my circumstances has changed (by being married to an EEA national) and I no longer fit that description as i'm now a family member of an EEA national exercising treaty right.

When were you given the IS.96? After you married?

[bluecole2]

Much gratitude toni24 

I don't know anything on taking writ or how it can be taken from the court. I'll appreciate it if you can guide me through the steps needed in other to get one. And proving that my marriage is not one of convenience beyond doubt shouldn't be a problem because we've got several way to prove it. One being; my wife went to Lagos to meet my mother and family just before we married and I don't think Lagos is a likely holiday destination for foreigners except you know people there.


@Directive/2004/38/EC

Signing on is reporting to ukba/HO. In other words, someone reporting to the police if that is the condition of bail. And I'm signing on because I was arrested for immigration offence and serve paper (IS.96) in 2009. I was told the IS.96 is my ID and I have to carry it with me at all times and that was the same ID I send in with the CoA app for marriage which was issued in January 2011. 

[toni34]

you will need the service of a solicitor,remember in those days in nigeria when ppl were detained without trial,then their solicitors will go to court to enforce their fundamental human rights,it is the same procedure here,course britain is a signatory to the universal declaration of human rights,which guarantee right to life,privacy,family life,etc.
ideally if you had ur passport and your ea2 is been processed,then you wud have stopped automatically,but it can still be done by the decision of a court.
one thing i will add to this is that you r not liable to be deported as far as you r still married to a qualified eea national and the marriage is not a marriage of convinience,so be more concerned in proving it is real,all ur bills,pictures,contracts of tenancy if you got one,should be in place.