DESPERATE TO STAY IN THE UK WITH HUSBAND

[ali2stay]

Hello Everyone

I've got a really tricky immigration problem I need help with! I really hope someone out there will be able to advise. I will give you some background to our story.

I got married to my Iranian husband 3 years ago in the UK. My husband had originally come to the UK as an asylum seeker in 2000. Unfortunately his asylum case was refused and all appeals rejected. He was sent a letter saying he had to leave the UK before we got married which he didn't do as he had hoped to reopen his case so when we eventually got married he was an overstayer or illegal entrant as HO calls him.

We had no problems getting married at all and my husband was able to use his birth certificate at the registry office, following the advice of our solicitor we submitted a new application asking for leave to remain as my spouse to HO.

It took the HO two and a half years to make a decision on our marriage! Eventually in February this year we received a letter of refusal which we have appealed against, we are now back to waiting for our appeal date.

Other couples I have been in contact with have had their appeals refused so it is not looking good. It is extremely stressful as my husband cannot work and I financially support him and have done so since we got married.

All we want is to be together perferrably in the UK as I have a permanent job, house, all my family are here and so on. However it is becoming increasingly apparent to me that I seem to be fighting a losing battle.

So my question is what can I do to ensure we can stay together safely in UK or elsewhere in Europe.

My husband cannot return to his home country as it would not be safe for either of us. he has no criminal convictions and he has not lied about his nationality or name to HO.

I was wondering if it would be possible to move elsewhere in Europe and then apply for entry clearance to come back or whether his immigration history ( failed asylum application) will prevent this from happening?

Any advice gratefully received as I don't know how much longer we can live with all this uncertainty. he is such a wonderful person who deserves a chance to succeed. Despite the difficulties the three years we have spent together have been my happiest.

Ali2stay

[ali2stay]

Come on moderators, don't you have any comments at all? We need all the help we can get with this one. We are not the only ones with this problem I know of at least another 15 couples being told the same as we are. What to do?????

[badboyz]

Come on moderators, don't you have any comments at all? We need all the help we can get with this one. We are not the only ones with this problem I know of at least another 15 couples being told the same as we are. What to do?????

Hello i am also an overstayer but i was not issued a removal order the only way your husband can get through is to go home and apply its a very difficult desesion but get all your documents together and hope for the best. hear is a link of a recent case read it carefully http://www.bailii.org/uk/cases/UKIAT/2005/00127.html

[John]

Sorry, I did not spot your message after you posted it late last Friday night.

You say the spouse visa application was refused. On what grounds? And as regards the appeal, any news when that appeal might be heard?

Ordinarily the comment would be that your husband should go back to his country and apply for a spouse visa there. However I can't think that to be appropriate given that the country is Iran. So I merely say ... hang in there with the appeal ... and hope it works out eventually.

[ali2stay]

Hi John

Thanks for your response. You are right, the Home Ofice has stated that my husband should return to Iran, get entry clearance and return or alternatively that I can accompany him to iran at public expense and start a new life there. Neither are acceptable to us and if it were possilbe for my husband to return to get clearance then we would DEFINITELY do that but his safety cannot be guaranteed.

Our application was made outside the rules so we did not meet the requirements under DP3/96.

Outlook for appeal is not good, could surinder singh help? Does it have to be his home country for entry clearnance? Wouldn't any other country do?

Any advice???

Ali2stay

[John]

Given that the Foreign and Commonwealth Office of the British Government advises against travel to Iran, as per this I suspect your best route to is emphasise the Human Rights aspects of all this. That is, you have a Human Right to live with your husband and cannot really be expected to do so in Iran, hence the need to apply for the spouse visa in the UK.

Surinder Singh? Not sure how that is in play here, unless the two of you plan to go and live and work in another EEA country for at least six months, and then employ the Surinder Singh route to move back to the UK. In order to do all that your husband would first need an EEA Family Permit in his Iranian passport in order to first go to your chosen EEA country, such EEA Family Permit being issued by the relevant EEA Government.

[ali2stay]

Hi

You are right, the human rights aspect is important however, because it is presumed that I knew about husbands immigration status at the time of our marriage ie: precarious then HO claim it is not unreasonable to expect him to leave. HO take a very hard line with these sorts of cases as there has been widespread abuse of them. MP reckons we have very little chance with appeal.

I feel I have no choice but to go the surinder way and hope for the best. It means giving up most of what I have here but if it will allow my husband to work and live legally somewhere then we will gain a great deal more than we have at the moment.

We aren't getting any younger and this has been dragging on for 5 years for my husband.

We just want our life together to be legal and obviously we want to be in the same country.

Ali2stay

[Kayalami]

Come on moderators, don't you have any comments at all? We need all the help we can get with this one. We are not the only ones with this problem I know of at least another 15 couples being told the same as we are. What to do?????

I always find posts berating the moderators somewhat petty given that we are volunteers and there is no contractual basis to provide answers at your beck and call. I find my fellow moderator John has been extremely generous in his response. Have you made any effort to review the extensive cases on this forum that or of a similar nature to yours or could you just not be bothered. I appreciate your frustrations but given the tone of your post here goes:

1. Leave to enter or remain in the UK where the applicant does not have the right of abode is a privilege and not a right.

2. You have the right to be with your spouse but not necessarily in the UK.

3. Ruling in the European Court of Justice that resulted in an amendment to the EEA regulations (Home Office). Any EEA state can require that non EEA dependants of an EEA national applying for a visa to accompany the EEA national be legal in the relevant country. E.g. you plan to move to France so that you may eventually go the Surinder Singh route. The French consulate can deny your husband a visa because he has no legal status in the UK.

It may be best to approach these matters with a less headstrong and more co-operative manner.

Sorry that is not what you may want to hear. I wish you luck on a way forward.

[Barbara3]

My daughter is also married to a failed Asylum Seeker although he came from Burundi. They were also given the same advice by the HO : to go and live in Burundi and to go at "Public Expense if Necessary" At a recent Tribunal we were told FCO advice was for travellers only and not for returnees and their spouses. I pointed out that my daughter was a British Citizen and according to her passport had the " right to security and protection from Her Majesty's Government". I have since been in touch with the Political and Consular Affairs Attache in Burundi to be told my daughter should not go there as it was not safe!!!!!!!!!

I also think it absurd that we should have to think of the Surinder Singh route. It seems EU citizens have more rights in Britain that British Citizens.
If a country is unsafe to return to, Asylum Seekers should be allowed to apply for a Spousal Visa from within the UK, then certain EEA type rules should be applied ie: no benefits for two years etc.