Failed Asylum Seeker for spouse visa

[calebobo]

hi guys, am a failed asylum seeker and have exhausted my appeals. In both appeals the immigration judges made a recommendation that i could go the my home country and get married to my british partner of 4yrs with 2 british born children, the judge at the higer tribunal also made a reference to the same thing about the marriage. i am currently awaiting a letter from the home office as to when i should leave the the country but my partner and i serious thinking about going back home getting married there and applying for a spouse visa. My only worry is i served a 3 month sentence for seeking employment with a false id when i first got arrested. Will that affect my visa application and also the fact that am a failed asylum seeker? Any1 with any personal experience with spouse visa and prison sentenses? Many Thanks in advance

[calebobo]

oh and am also an overstayer but didnt claim asylum till i got arrested! not good i know.

[Casa]

If you go home to marry it will be obvious that your asylum claim was false.
You could face a ban even though you're applying for a spouse visa due to the prison sentence for false ID. You need to seek legal advice.

[ElenaW]

If you apply for a spousal, you might get rejected 320(11) style. Which carries a 10 year ban.

[calebobo]

hi guys, thanks for your responds, realistically what is the best thing for me to do? i hv seen on here that there hv been other failed asylum seekers thats successfully got spouse visas is my down fall really the fact that i served a prison sentense? for false id to seek employment? has any1 else ever applied a spouse visa with a criminal record?

[avjones]

There are, in the immigration rules, a number of "Grounds on which entry clearance or leave to enter the United Kingdom should normally be refused"

You potentially fall foul of two of them:

320(11)

where the applicant has previously contrived in a significant way to frustrate the intentions of these Rules. Guidance will be published giving examples of circumstances in which an applicant who has previously overstayed, breached a condition attached to his leave, been an Illegal Entrant or used Deception in an application for entry clearance, leave to enter or remain (whether successful or not) is likely to be considered as having contrived in a significant way to frustrate the intentions of these Rules.

and 320(18 )

save where the Immigration Officer is satisfied that admission would be justified for strong compassionate reasons, conviction in any country including the United Kingdom of an offence which, if committed in the United Kingdom, is punishable with imprisonment for a term of 12 months or any greater punishment or, if committed outside the United Kingdom, would be so punishable if the conduct constituting the offence had occurred in the United Kingdom;

The second depends what you were convicted of, and when. Was it obtaining a pecuniary advantage by deception?

[calebobo]

thanks avjones

regarding the first, i guess there have been other cases on here where they've over stayed and are failed asylum seekers and in the 2nd instance, i obtained a false id for the purposes of finding a job, so then are you saying the fact that i only served 3 and not 12 months makes me less likely for them to refuse me on just that bases?

and also regarding 320(11) shouldnt it be under aggrevating circumstnces?

[avjones]

thanks avjones

regarding the first, i guess there have been other cases on here where they've over stayed and are failed asylum seekers and in the 2nd instance, i obtained a false id for the purposes of finding a job, so then are you saying the fact that i only served 3 and not 12 months makes me less likely for them to refuse me on just that bases?

and also regarding 320(11) shouldnt it be under aggrevating circumstnces?

No, it depends what the max sentence is, not what you served. Which is why I asked what the offence was.

[calebobo]

its possession of a false identity document

[avjones]

What Act and section?

[unknowna1]

It's section 25(5) and (7) of the identity cards act 2006
Thanks for all your help avjones

If there are any suggestions on how you I can get to stay with ma family here in the uk plz suggest it

[avjones]

"(7)A person guilty of an offence under subsection (5) shall be liable—

(a)on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both;

(b)on summary conviction in England and Wales, to imprisonment for a term not exceeding twelve months or to a fine not exceeding the statutory maximum, or to both;

(c)on summary conviction in Scotland or Northern Ireland, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both;"

So it's a 12 month + offence, then.

Sorry, can't think of much to help. You need advice on the basis of all your circumstances. but it's a tricky one.

Where are you from? Where is your wife from?

[calebobo]

Am frm ghana n ma partner (not yet married) is british by birth n we hv 2 british born children together

[calebobo]

Am getting 2 contracting options,either go home n try for a spouse visa or stay put n apply on da bases ov human rights? Which is best?

[mochyn]

Am getting 2 contracting options,either go home n try for a spouse visa or stay put n apply on da bases ov human rights? Which is best?

Well purely on time frames

1 A spousal visa takes about 12 weeks to process

2 Discretionary leave to remain or under Article 8 of Human Rights Act about 3 years minimum

Which do you think is best?

[calebobo]

i have decided to go for the spouse visa option

but my question is,should i make reference to my asylum claim and include documents like my refusal letters and appeal refusal documents?

any1?

Thanks

[mochyn]

i have decided to go for the spouse visa option

but my question is,should i make reference to my asylum claim and include documents like my refusal letters and appeal refusal documents?

any1?

Thanks

Yes as this will be in your file and if you don't mention and include the documentation the spousal visa may be refused as you are using deception to gain the visa.
Tell them everything

[HRY2005]

I would think about this properly and seek legal help if I'm in your position(or should I say I'm in your position but different in details). Never claim asylum, and no criminal record.

Pay more attention to Casa and Elena's posts(going home means your asylum claim was false and the prison sentence could come into play as well). I read a caselaw of an Indian guy, who got ILR on human right after being convicted as a ''rapist''(horrible!!! I know, but possible). Some people will advice everyone to go home, no matter the difference in individual facts of the cases.

Why not get married to your partner here first and take it from there, but remember its only my opinion, so seek experts advise. (when your case is in a ZIG-ZAG form, going home is a huge risk in my opinion). Consider what is best for your family.

Good luck mate.

[mochyn]

You may be jumping from the frying pan into the fire because of past and future actions

[HRY2005]

Dude, you admit to being a criminal, take your bags and go to where ever you came from. RULES are RULES for everyone what makes you so special that you can break them and then have the audacity to ask us for advise. I feel sorry for your wife and children that you are such a disgrace.

And what makes you the judge of anyone? You also need to know that your self righteousness and arrogance is not for a forum like this and I'm very sure you'll get thrown out of this forum by the mods if you keep on talking to people in that manner.

[HRY2005]

These are your words in quote

1.

take your bags and go to where ever you came from

2.

audacity to ask us for advise

3.

you are such a disgrace.

4.

You must be out of your mind

I dont think I should relegate myself to your ''class'' by using your kind of terms and words but all I'm saying is you have no right to be the judge of anyone by speaking to them in such derogatory words, just because they posted their personal problems on a discussion forum. People posted their problems for advice, if you can't advise them, no problem but dont disrespect anyone because they posted what they've done wrong and been punished for.

No one makes me the judge I am talking about rules he has committed criminal activity, that makes the process harder for other legitimate cases, and all those who obey the law. You must be out of your mind if you think the mods should kick me out for suggesting that criminal activity is disgusting, committed by a native or a immigrant, it is not on.

I dont also think we need your lectures to know that criminal activities are disgusting but you are in no position to speak to people like that. You can critisize people ''constructively'' but not disrespect them.

If everyone speak to people like that, nobody will post on this forum and the forum would not be there. I still insist that the mods would take you out if you continue like that cos none of them would ever speak to people in your kind of tone.

I do not take this personal and while you may have a point, I disagree with your manner.

[elv15]

These are your words in quote

1.

take your bags and go to where ever you came from

2.

audacity to ask us for advise

3.

you are such a disgrace.

4.

You must be out of your mind

I dont think I should relegate myself to your ''class'' by using your kind of terms and words but all I'm saying is you have no right to be the judge of anyone by speaking to them in such derogatory words, just because they posted their personal problems on a discussion forum. People posted their problems for advice, if you can't advise them, no problem but dont disrespect anyone because they posted what they've done wrong and been punished for.

No one makes me the judge I am talking about rules he has committed criminal activity, that makes the process harder for other legitimate cases, and all those who obey the law. You must be out of your mind if you think the mods should kick me out for suggesting that criminal activity is disgusting, committed by a native or a immigrant, it is not on.

I dont also think we need your lectures to know that criminal activities are disgusting but you are in no position to speak to people like that. You can critisize people ''constructively'' but not disrespect them.

If everyone speak to people like that, nobody will post on this forum and the forum would not be there. I still insist that the mods would take you out if you continue like that cos none of them would ever speak to people in your kind of tone.

I do not take this personal and while you may have a point, I disagree with your manner.

HRY2005 i completley agree with you. I couldnt believe my eyes when i read Sammads post.

[Casa]

HRY2005 is right. Please post with respect and if you aren't able to show compassion, best not to comment. Your apology is noted. Thankyou

[mochyn]

I would think about this properly and seek legal help if I'm in your position(or should I say I'm in your position but different in details). Never claim asylum, and no criminal record.

Pay more attention to Casa and Elena's posts(going home means your asylum claim was false and the prison sentence could come into play as well). I read a caselaw of an Indian guy, who got ILR on human right after being convicted as a ''rapist''(horrible!!! I know, but possible). Some people will advice everyone to go home, no matter the difference in individual facts of the cases.

Why not get married to your partner here first and take it from there, but remember its only my opinion, so seek experts advise. (when your case is in a ZIG-ZAG form, going home is a huge risk in my opinion). Consider what is best for your family.

Good luck mate.

I would like to bring your attention to this post which shows that going home was best in this case although an asylum seeker.
The time frame was much shorter than waiting for Discretionary leave to remain

http://www.immigrationboards.com/viewto ... sc&start=0

If you are willing to wait in limbo for an indefinite period then that is your decision but imho it is better to go home

Please note the comments from John

[HRY2005]

My best mate returned home in September to apply a spouse visa and I supported him, though he's still there but I believe he'll be back soon. In my opinion, the case refered above was a very strong one and I am not surprised that he's successful but the speed of the success was amazing.

I am also an apostle of ''returned to your home country'' when a case is good but wary of 320(11) in a case like the OP's where a criminal record is involved(I might be wrong though but it's still my opinion).

May be Mochyn need to go back to this case as well, its very similar to the OP's http://www.immigrationboards.com/viewto ... ht=#409132. He was refused and also refused on appeal.

I'm not a big fan of article 8 as well but I always try to assess a case based on its individual facts. I have personal experience of someone who went home and never return until after 2 years in Nigeria and also have a couple of guys that went home, got their visas within 6-8 weeks(is always a two sided coin, lets not deny that). That's why you need to assess your case properly and seek legal help before heading towards Heathrow.

The decision is OP's but I'm only saying he should assess his case on all sides, put his family first and seek proper legal help.