Marriage Visa Problems-Urgent help required

[Nahile]

Hi-My wife is a Palestinian national and I am a British citizen since birth.
She came into the country aged 15 with her parents on a tourist visa, the family claimed asylum within 3 days of entering the UK. They heard nothing for seven years (!) and so have continued to live and work here legally (I gather you are entitled to do so pending any decision?)
We married in august last year, and submitted further leave to remain on basis of marriage application in November. We included all proof of no recoure to public funds (we have mortgage, both full time work etc)
This was rejected on the grounds that my wife is an overstayer (they quoted the tourist visa expiring in 1997) and said we have no appeal grounds. My lawyer said it is obvious that they did not look at their own files to see that my wife infact had an undecided asylum application in place at the time we applied for a marriage visa. To make matters worse, since the refusal of the marriage application, the Home office have subsequently refused the initial asylum application. We are desperately worried -our MP is involved, but HO have thus far failed to acknowledge the illegal marriage refusal-Do they have grounds to deport my wife??

[Chess]

Nahile,

I am sorry the stress this situation is causing.....I think my fellow Moderator (Kayalami) is best to handle this one....but here are my 5cents...


Your case will have to be handled

outside the rules

......There will have strong compassionate grounds in order for the HO not to start 'admininstrative' removal procedures..

Having a joint mortgage is one good plus...Have you got any young Children..together?

[Nahile]

we have no children. However, surely if they refused us illegally and through their own error they will have to reconsider?

[Nahile]

I guess my other query is if she is forced to leave, does she have a chance of rejoining me?

[Chess]

I guess my other query is if she is forced to leave, does she have a chance of rejoining me?

.

Dont even think of this option at the moment. try to 'fight' the battle from within.....


I know I tend to be very blunt...when giving advice on this forum....and unfortunately I will reiterate my previous comments...You have to increase your compassionate ground criteria...

1). Has your wife got any family in Palestine????
2). Has she got close family in the UK?
3). Has she been through the UK education sytem (presumably up to graduation)
4). Does she speak 'good' English?
5). Has she got a 'skilled' job???

Your case will have to be handled outside the rules!!!!!!

[Nahile]

She has no family in Plaestine, her parents are here in the UK and have just had the asylum application refused after 7 years as I mentioned.
She has a post graduate degree in law, speaks perfect english and has a job with HSBC bank in the City of London.

[Nahile]

neither her or her family have ever taken one penny from the state, and all have 'good' jobs and english skills

[Chess]

Nahile...

Here are my two suggestions:


1). Appeal via the immigration appelatte and then your wife's case will be handled by the Adjudicator - in which case the lengthy wait will be taken account of.....(and at least the whole family will be able to stay)

I am not sure whether you have been given all the relevant details regarding the initial Assylum application. There was a period when HO 'granted' all applications to clear the backlogs - do you know why your wife's case and the in-laws was not handled at that time???..


2). Resort to your MP - and write down the whole case history in a simplified version raising all the compassionate elements.


One thing for certain is that the case will be resolved one day in your favour. IMHO, there is NO way that the HO will implement 'administrative removal procedures' to someone happily married and living together with a British Citizen - unless the security of the general public is affected.


Dont give up mate!!. Good luck..I am sure other more competent forum members will assist

[Nahile]

Thanks for your support.

There is an appeal pending on the original assylum application which we expect to be heard in the next few weeks.

However, re: marriage, the home office mistake meant that a refusal letter was issued which offered no right of appeal (as they assumed she was an overstayer etc.) so I am not sure if coud be resolved in the hearing for the assylum application..what a mess!

[Kayalami]

Sorry to hear of the difficulties you and your spouse as well as her family are facing. To give you a definitive plan of action requires one to review the initial asylum and immigration applications as well as the appeals lodged and the grounds raised as well as the Home Office refusal decisions and again grounds raised. The applications in question are over a time period which covers three immigration bills - Immigration & Asylum Act 1996, Immigration & Asylum Act 1999 and Nationality & Immigration Act 2002 which would all have to be considered. Refusal of the marriage application appears to be under the NIA 2002. Your wife may not have been illegal but she would have been considered as having no leave at the time of the application for an extension of stay on the basis of marriage. There would also be no appeal where she was not required to leave the UK amongst other grounds.

I echo Chess and advise you to focus on raising Human Rights grounds in both the asylum appeal as well as a separate one for the marriage refusal. I am not sure when your marriage application was refused but I am concerned it may be a bit late in the day to lodge an appeal on HR grounds although your marriage should have been included in the asylum appeal. Things would certainly be in your favour if there were children in the picture not that I am saying you get some . I am somewhat surprised to hear that the MP has had no joy - when did you engage him/ her. What of your lawyer - is he/she the same person that handled the asylum case. The government did announce a scheme for regularising asylum seekers who had been in the 'still making a decision' limbo last year targetted at those with families and whom the Home Secretary had no realistic chance of removing from the UK - you/ your parents should have been in this group. Perhaps you were deemed an adult and the marriage may have been considered as an avenue for you to either remain or enter the UK. Have you checked with your lawyer on this 'amnesty'?

As I said I would need to see the relevant files and fit them in with your application which is not possible - there may be grounds for appealing in that the applications were refused in error/ not in accordance with the immigration laws. Keep pestering your lawyer and the MP - tell your MP in writing how the impasse is affecting your life. Above all stay positive and hang in there - again I will echo Chess and tell you to stick to an in-country resolution of the matter. If your spouse had been a national of a country in a calmer region of the world I would have suggested as a last resort to get a speedy resolution for her to go and apply for a spouse visa at the British Embassy there. However she has come this far so a little while longer will be worth it.

Congratulations on your marriage and best wishes for the future.

Kayalami

[Nahile]

Hi-Five months on from our original message to you (and advice gratefully received) we have had an update on our case.

We had a letter from Des Browne, the Home Office minister, following representations by our MP. There is an apology (!) for the initial rejection and advises us that we are to be considered as part of DP3/96, the guidlines for 'overstayers' and thus outside the rules. Our lawyer argues that my wife is not an overstayer, since she came on a valid visitors visa with parents as a minor in 1997 and claimed asylum before expiry of said visa. The assylum was not answered for SEVEN years and rejected shortly after our initial marriage application was rejected. (ie. we married and applied whilst she was still under asylum consideration)

Anyway, our lawyer said this reconsideration is better than nothing. The HO have asked for documantary evidence of cohabitation since Jan 2000 (duly provided-numerous tenency agreements, bills etc. ) and also a copy of our original marriage cert. (provided).

My understanding is that DP3/96 is for people who have been married for 2 years. We married in August 2003, but have lived to together since Jan 2000.

SO as the HO have asked for proof of cohabitation following the ministers letter to us, our lawyer thinks they will exercise discretion and have been told by the minister to ask for this as a condition of granting leave. also, our lawyers think that it is a way of granting us leave without admitting too many initial mistakes...

I am still sick with worry and any interpretation of this latest HO action would be greatly appreciated...