Spouse of BC - visa help, currently overstayer

[mrsmoss94]

hello, i am a US citizen, i moved to the UK on a tier 1 dependency visa when i was 14. i fell pregnant at 16, and maried my partner at 19. however, i found out shortly after my wedding that my mother never reapplied for my visa as i was told (when i was 18) now i am 21, ive FINALLLY applied for my residancy card, but i got my COA yesterday and it says i havnt the right to work because i didnt prove i was married even though i sent off my marriage certificate. they say they will still consider my applcation, im just a bit worried about what to expect. any help from a similar case? thanks

Makenna

[noajthan]

hello, i am a US citizen, i moved to the UK on a tier 1 dependency visa when i was 14. i fell pregnant at 16, and maried my partner at 19. however, i found out shortly after my wedding that my mother never reapplied for my visa as i was told (when i was 18) now i am 21, ive FINALLLY applied for my residancy card, but i got my COA yesterday and it says i havnt the right to work because i didnt prove i was married even though i sent off my marriage certificate. they say they will still consider my applcation, im just a bit worried about what to expect. any help from a similar case? thanks

Makenna

You can expect a RC in due course if HO is happy with both parties' identities, genuine relationship and if sponsor is exercising treaty rights (& you submitted appropriate evidence to prove all these things).

The RC will confirm (not grant) your right to reside, work, and study in UK.

[mrsmoss94]

thanks for your reply. my husband doesnnt have current photo id (passport or divers licence) we are in the proccess of gettinng his passport, but what if a decision is made before then?

[noajthan]

thanks for your reply. my husband doesnnt have current photo id (passport or divers licence) we are in the proccess of gettinng his passport, but what if a decision is made before then?

Curiouser and curiouser.

It's not clear to me how you could apply for a RC without sponsor/hubby's id; what did you submit to identify him?
That could be the reason HO issued you with an interim 'short COA' (without confirmation of any right to work).

If you don't manage to establish identities and genuine relationship and show that sponsor is exercising treaty rights then the application will fail.

[mrsmoss94]

we sent my passport, both our birth certificates, our daughters b.c. and our marriage certificate. plus bank statements, council letters, and energy bills in both our names.

[CR001]

we sent my passport, both our birth certificates, our daughters b.c. and our marriage certificate. plus bank statements, council letters, and energy bills in both our names.

If you don't mind me asking, what is the nationality of your husband?

[noajthan]

we sent my passport, both our birth certificates, our daughters b.c. and our marriage certificate. plus bank statements, council letters, and energy bills in both our names.

Hmm, a bc does not necessarily prove identity.

From RC guidance...

Proof of identity and nationality

• Your valid passport, travel document or (if you’re an EEA national) national identity card;
  Valid passport, travel document or EEA national identity card for each family member included
  in your application (if applicable);
  Valid passport or national identity card for your sponsor (named in section 2);

If you’re not able to submit a valid passport, travel document or national identity card for you, your sponsor or any family members included in your application, you must explain why (see questions 1.21 and 2.14) and submit alternative evidence of your /their identity and nationality.

Please note: we can only accept alternative evidence of your identity and nationality if you’re unable to submit a valid passport, travel document or EEA national identity card due to circumstances beyond your control

Did you advise HO why you could not submit hubby's passport or id card?
And what did you submit to show treaty rights being exercised by hubby as your EEA sponsor?

[mrsmoss94]

my husband is british. i assumed his b.c. and work info woud be enough to prove his rights here in the uk ?

[noajthan]

my husband is british. i assumed his b.c. and work info woud be enough to prove his rights here in the uk ?

Oh dear. Did you not read through the RC guidance & etc?

A British citizen is not considered as an EEA national (by UK Gov & HO) and cannot (normally) sponsor anyone under EU route.
That is unless any exemptions or transitional arrangements apply;

• Have you taken the Surinder Singh route via Europe?
  Is hubby a dual-national with an EU country?

If not then, unfortunately, this RC application will not stand up.

Do you have any other immigration status in UK? If not it appears you are an illegal overstayer and may have been for past 3 years or so.

[mrsmoss94]

i m aware i have been an illegal overstayer for about 3 years, however this was due to circumstances outside my control, and once i found out i was illegal, i contacted the home office and told them my entire situation, i was told by themto apply for this card and did so as soon as i got my expired passport bacck, and renewed it myself.this is why i am especially confused, as i spoke to someone twice and was told both times id qualify.

[CR001]

What is the exact name/number of the form you completed? What was the cost of this application.

You should have applied for a spouse visa under the UK Immigration rules, which are a lot tougher and substantially more expensive than the EU route.

HO call centre is well known for giving out incorrect information and they take no responsibility for it.

[noajthan]

i m aware i have been an illegal overstayer for about 3 years, however this was due to circumstances outside my control, and once i found out i was illegal, i contacted the home office and told them my entire situation, i was told by themto apply for this card and did so as soon as i got my expired passport bacck, and renewed it myself.this is why i am especially confused, as i spoke to someone twice and was told both times id qualify.

We can only help you with accuracy if we know the facts - which we have now elucidated.

Rule #1 of immigration club: do not trust HO helpline nor act on their advice.

It is notoriously unreliable as per other tales of woe in the forum.
They have simply sent you on a wild goose chase and, in this case, you have been set up to fail.

You will have to switch course to a UK migration trajectory.
You will need to dig into the financial implications of the UK route.

To regularise your stay it may help as you appear to have a British child.
However, any future ambitions for citizenship may be impacted by this situation.

[CR001]

Topic moved to the more appropriate 'Immigration for family members' sub forum.

[mrsmoss94]

so this is the quick story..my mom asked for my passport/visa a few monthsbefore it was to expire, but she didnt do that, instead she kept it and lied for the firstyear. i finally got my passport sent back to me after she wenntback to america. i then sent an 'illegal immigrant' form' and was contacted by a more official member of HO, not just a normal helpline guy. my COA said they will still connsder my application, im just concerned id have to leave my husband and daaughter. we are even looking into moving to america as an option. its all really confusing.

[noajthan]

so this is the quick story..my mom asked for my passport/visa a few months before it was to expire, but she didnt do that, instead she kept it and lied for the firstyear. i finally got my passport sent back to me after she wennt back to america. i then sent an 'illegal immigrant' form' and was contacted by a more official member of HO, not just a normal helpline guy. my COA said they will still connsder my application, im just concerned id have to leave my husband and daaughter. we are even looking into moving to america as an option. its all really confusing.

It makes no sense that you were advised to apply for a RC.

Your spouse is British so he cannot sponsor you unless you have either enjoyed a sojourn in Europe where you moved your centre of life and he exercised treaty rights (Surinder Singh);
OR
he is a dual national (with another EU/EEA nationality) and you had a UK RC in or before 2012.

And you have not intimated that either of those 2 scenarios may have occurred.

[noajthan]

On question of overstay...

Decisions which can be taken under UK immigration legislation only and not under the regulations are where a non-EEA national has not previously been engaged with or recognised by the EEA regime.

For example, a visa national overstays their period of limited leave to enter as a visitor, and then applies for a residence card on the basis of marriage to an EEA national.

They are unable to provide proof of their claimed relationship to the EEA national and the application is refused.

As the person was neither admitted to nor got a right to reside in the UK under the EEA Regulations, for the purpose of enforcement action
they should be dealt with as an overstayer under section 10 of the 1999 Act and not the EEA Regulation

https://www.gov.uk/government/uploads/s ... _clean.pdf

[mrsmoss94]

I am now 22, but moved to the UK from USA when I was 14 with my mom, who was employed by Essex County Council as a social worker for CPS.
I fell pregnant at 16 and married when I was 19, and I have a one month old son. However, my visa expired when I was 18 on 31/12/12, my mom asked for my passport and told me she had to apply for my visa as I was on a tier 2 before. I did not know about immigration at the time, so I gave my passport to her, after, she avoided me for a year until she finally moved away and returned my now expired passport, and never applying for a new visa, telling me she had, but the applications were lost by the home office. She has since moved again, back to the states, but I have been left with no visa and no way to work to pay for one.
My husband has had a hard time finding work, and when he does work, he gets paid very little. He has now started pursuing a career in support work.
My daughter is now 4 and is being accessed for autism. And I am breastfeeding my son.
I contacted the home office before, and was told to apply for my residents card, I did, but was rejected 7 months later. I then applied for a flr 10 year route with a partner, but I had to apply with a fee waiver as I am unable to work, I don't speak to my family in the States, and Robin cannot get a loan, and saving will take a very long time. I was also rejected the fee waiver.
Today I received a notice to report to the police station on a monthly basis. What happens when ii sign on? Can I be deported and taken from my family?

[mrsmoss94]

I just got a notice to report to the police station on a monthly basis. I am an overstayed, married to British citizen, and I have 2 kids, I am breastfeeding my baby, what should I expect when going to the station?

[mrsmoss94]

Hello, very long story short, I was brought to the UK from the is when I was 14, my mum left me here, 17, visaless, and with a baby. I am now married to a UK citizen, have 2 British babies, and still no visa. I am made to sign on monthly at the police station. However, after contacting the us government, asking for any possible loans to regain my status here, I found out I cannot actually pass my us citizenship to my children, changing things a bit. My question is..I've been told by the US that I now qualify for legal aid to help me, and a fee exemption for the visa, which I've recently been turned down for. Is this true? And who should I try to get in contact with now I know this? Thanks

[Londoner007]

A solicitor?

[vinny]

Posts merged.

[vinny]

Can I be deported and taken from my family?

No, not reasonable, with two British children.

[mrsmoss94]

Hello all, I have now recently found out that I do not qualify to pass my us citizenship to my children. I still can't afford a visa, lawyer fees, ect, I am in a terrible relationship, and am severely depressed. I really need advice. Whenever I contact a lawyer, they ask for monkey, when I contact the HO, they tell me to go to a lawyer, or give me advice that is not right. Please help.

[vinny]

Try to get enough sleep for a start. Almost impossible with babies, I know. Even with British babies, I'm sure. They haven't yet learnt self-restraint when they are hungry, which may be at any time of day or night.

Here is some free advice on depression.

[Tamandua]

Vinny: I think your ironic post is inappropriate and rude.

Mrsmoss94: You need to send an application to the HO before signing on at the police station. They will mark your attendance and I believe they will ask you if you plan on sending an application to the HO if you don't have any outstanding case with them. Ideally, you should have one. That's what I heard from an immigration official at the reporting centre while he was interviewing someone.