advice please regarding semi complex immigration issue

[jimmyjim]

Hello immigrationboard members, I wonder could you please help me with my current situation/dilemna?

I am a british national, in my 30's, I have lived in the UK all my life, I am the father of a 7 year old autistic british daughter who lives with me, for several years I have struggled with mental health issues and also been a single dad, as a result of this I have been in receipt of illness related benefits/welfare for a number of years however my health is now improving as a result of this I am about to start my own business shortly. Last year I met and fell in love with my partner, she is also in her 30's, she is from Botswana (Africa). My partner came to the uk originally on a student visa in 2006, unfortunately when her visa ran out she did not extend it and became an overstayer. In 2009 my partner (who had no unspent convictions)was taken to a detention centre and faced deportation, due to some circumstances which are not quite clear, my partner lodged an appeal for a judicial review into her case, she was subsequently released from the centre having submitted her passport and other identity documents etc whilst waiting for the review. For some time my partner had to attend an office each week to sign and declare her whereabouts etc, she waited and waited month after month but no date for the review came. Some time after this my partner experienced some truly horrific life circumstances, seriously bad, this terrible chain of events which occured affected her horrendously both mentally and physically, they still affect her even to this date. Due to these unfortunate circumstances she endured my partner had to move address - out of her then area, as a result she stopped reporting each week and lost contact with the home office etc rendering herself with uncertain immigration status and no ID or travel documents. That was back in 2009, in 2011 she was stopped by police who checked her on their database etc and nothing showed up, I am unsure what the result of the judicial review may have been or if it ever took place. I read my partner can send a letter to the home office to request her current immigration status with a payment for £10, but before we do that I need to be clear on what steps to take if it turns out she is here illegally. Here we are now in 2012, my partner and I have the most fantastic loving relationship I could ever wish for, we really are soul mates, yet we are completely lost as what to do regarding my partners status here in the UK.

We are engaged and are intending to get married shortly, as we are in love and want to spend the rest of our lives together, I have read and read and read online for information but it is very confusing to me. Money is very tight and all the solicitors I have contacted want huge amounts of money to help us, money I simply do not have, we want to do things right and be fully legal and safe here in the UK. From the information I have read it appears that the "simplest" way forward would be for my partner and I to marry, and then apply for a marriage visa for my partner, in my findings though I believe she should return to her native country (botswana) to apply for the uk marriage visa.

To complicate things just a little more, my partners daughter (age 16), also from botswana came here to the uk as a general/child visitor for 6 months, she is currently 3 months into her 6 month visit, my autistic daughter and my partners daughter have become as close to sisters as you could imagine, yet currently in 3 months time she will have to return back to botswana thus splitting up our "family".
I know immigration wise my situation seems to be quite messy, but in true human terms, I am a normal loving father, fiance and husband to be, my partner and I both love eachother, we love and treat both of our children as our own, we are the most lovely little family you could imagine, I want to do anything I can to prevent splitting our family up, ideally I would love it if we can all stay here together in the uk, we are also hoping for a new baby or two in the very near future but everyday this anxiety inducing stress engulfs me, this feeling and realisation that I could lose my partner and break up our lovely family if things arent sorted out immigration wise. Please if anyone out there with experience or knoledge can help then please do so, I dream and hope of a way for both my partner and her daughter being able to get some kind of status here in the uk so we can remain a family without having to leave the country, enabling our family to flourish together, but everything I read on ukba for example seems to indicate otherwise.
We are a family unit, a normal family unit with lots to offer to the community and country, my partner and I wish to get married, I dont know much about this regarding my partners status issue but have heard people mention church of england weddings are simpler? (we are both christians) we want to have children together, and want to raise our current 2 children together, please help us in anyway you can with advice, if my partner and her daughter must return to botswana after we are married to apply for visas, or even if we all have to travel to botswana and marry there, then apply for the uk visas, we will somehow find a way to get the money and motivation for that, yet I hope and pray there is some other way around this.

To summarise my own findings, it seems the only way forward is for me and my partner to get married as planned, the church of england seems the most logical place for the service, then to check my partners current immigration status with the home office, assuming it comes back as overstayed/illegal my partner is then to apply for a passport/travel documents at the botswanan embassy in the uk, then my partner and her daughter should return to botswana to apply for the necessary uk visa(s)

If anyone can add anything to this, or suggest any alternative method I would greatly appreciate any helpful input

Many thanks

Jimmy

[syma]

Hello immigrationboard members, I wonder could you please help me with my current situation/dilemna?

I am a british national, in my 30's, I have lived in the UK all my life, I am the father of a 7 year old autistic british daughter who lives with me, for several years I have struggled with mental health issues and also been a single dad, as a result of this I have been in receipt of illness related benefits/welfare for a number of years however my health is now improving as a result of this I am about to start my own business shortly. Last year I met and fell in love with my partner, she is also in her 30's, she is from Botswana (Africa). My partner came to the uk originally on a student visa in 2006, unfortunately when her visa ran out she did not extend it and became an overstayer. In 2009 my partner (who had no unspent convictions)was taken to a detention centre and faced deportation, due to some circumstances which are not quite clear, my partner lodged an appeal for a judicial review into her case, she was subsequently released from the centre having submitted her passport and other identity documents etc whilst waiting for the review. For some time my partner had to attend an office each week to sign and declare her whereabouts etc, she waited and waited month after month but no date for the review came. Some time after this my partner experienced some truly horrific life circumstances, seriously bad, this terrible chain of events which occured affected her horrendously both mentally and physically, they still affect her even to this date. Due to these unfortunate circumstances she endured my partner had to move address - out of her then area, as a result she stopped reporting each week and lost contact with the home office etc rendering herself with uncertain immigration status and no ID or travel documents. That was back in 2009, in 2011 she was stopped by police who checked her on their database etc and nothing showed up, I am unsure what the result of the judicial review may have been or if it ever took place. I read my partner can send a letter to the home office to request her current immigration status with a payment for £10, but before we do that I need to be clear on what steps to take if it turns out she is here illegally. Here we are now in 2012, my partner and I have the most fantastic loving relationship I could ever wish for, we really are soul mates, yet we are completely lost as what to do regarding my partners status here in the UK.

We are engaged and are intending to get married shortly, as we are in love and want to spend the rest of our lives together, I have read and read and read online for information but it is very confusing to me. Money is very tight and all the solicitors I have contacted want huge amounts of money to help us, money I simply do not have, we want to do things right and be fully legal and safe here in the UK. From the information I have read it appears that the "simplest" way forward would be for my partner and I to marry, and then apply for a marriage visa for my partner, in my findings though I believe she should return to her native country (botswana) to apply for the uk marriage visa.

To complicate things just a little more, my partners daughter (age 16), also from botswana came here to the uk as a general/child visitor for 6 months, she is currently 3 months into her 6 month visit, my autistic daughter and my partners daughter have become as close to sisters as you could imagine, yet currently in 3 months time she will have to return back to botswana thus splitting up our "family".
I know immigration wise my situation seems to be quite messy, but in true human terms, I am a normal loving father, fiance and husband to be, my partner and I both love eachother, we love and treat both of our children as our own, we are the most lovely little family you could imagine, I want to do anything I can to prevent splitting our family up, ideally I would love it if we can all stay here together in the uk, we are also hoping for a new baby or two in the very near future but everyday this anxiety inducing stress engulfs me, this feeling and realisation that I could lose my partner and break up our lovely family if things arent sorted out immigration wise. Please if anyone out there with experience or knoledge can help then please do so, I dream and hope of a way for both my partner and her daughter being able to get some kind of status here in the uk so we can remain a family without having to leave the country, enabling our family to flourish together, but everything I read on ukba for example seems to indicate otherwise.
We are a family unit, a normal family unit with lots to offer to the community and country, my partner and I wish to get married, I dont know much about this regarding my partners status issue but have heard people mention church of england weddings are simpler? (we are both christians) we want to have children together, and want to raise our current 2 children together, please help us in anyway you can with advice, if my partner and her daughter must return to botswana after we are married to apply for visas, or even if we all have to travel to botswana and marry there, then apply for the uk visas, we will somehow find a way to get the money and motivation for that, yet I hope and pray there is some other way around this.

To summarise my own findings, it seems the only way forward is for me and my partner to get married as planned, the church of england seems the most logical place for the service, then to check my partners current immigration status with the home office, assuming it comes back as overstayed/illegal my partner is then to apply for a passport/travel documents at the botswanan embassy in the uk, then my partner and her daughter should return to botswana to apply for the necessary uk visa(s)

If anyone can add anything to this, or suggest any alternative method I would greatly appreciate any helpful input

Many thanks

Jimmy

Hi,

thats a difficult situation that you are in, but if you really want it to work which i think you clearly do, all your going to need is pateince and focus.

you've pretty much given the best answer to your situation, i think the best option for you is for your partner and her daughter to go back to her home country and apply for a spouse visa from there for herself and dependednt one for her daughter.
now as for the wedding, can u have a legal wedding in UK?
i have a feeling why not go back to her home country and get marreid there, might strengthen ur visa app as it shows commitment that you are willing to travel to her country to do that but then again its my personal opinion..

when are you looking to apply? as far as i know some new regulations are going to be in place from June which are most probably going to make things harder then easier for people getting married to Non EU/foreign national..
goodluck:)

[jimmyjim]

thanks for your advice and encouragement syma, I do appreciate it, it looks like we are going to write to the home office to find out my partners actual current status, just incase a miracle occured at the then judicial review, if there's a positive outcome of that it will be cartwheels all round, if not then we are saving and heading to the motherland for our wedding and applications in the near future.

If anyone else would like to add anything at all it would be greatly appreciated, many thanks

[syma]

thanks for your advice and encouragement syma, I do appreciate it, it looks like we are going to write to the home office to find out my partners actual current status, just incase a miracle occured at the then judicial review, if there's a positive outcome of that it will be cartwheels all round, if not then we are saving and heading to the motherland for our wedding and applications in the near future.

If anyone else would like to add anything at all it would be greatly appreciated, many thanks

FYI!
make sure she ur partner doesnt have any outstanding debts with any instituition in the UK specially NHS debts, i have come across couple of ppl whose visa apps were refused due to that. good luck!