case locked against overstay amnesty

hajerakb1 · Post by **hajerakb1** » Tue May 22, 2012 10:06 pm

Hi,
My husband who has been here for 14 years went to a solicitor for advise on applying for the amnesty for overstay. The immigration wrote back saying 'he was served with IS151A. His case is locked because he was caught when his visa expired way back 1998, whereas if he went to them voluntarily he would be entitled to the amnesty.

Can anybody shed some light on this, the solicitor there is very little she can do. Only advise she gave was to ask our local MP to write a letter to immigration to look at this favourably that he is a father and husband british citizens.

Many thanks for looking at this, and welcome any suggestions.

Post by **Lucapooka** » Tue May 22, 2012 10:45 pm

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

This page tells you what events stop an applicant from building up 14 years continuous residence for the purpose of a long residence application.The service of any of the following three notices to an applicant ends their continuous residence:

• a notice of liability to removal
• a decision to remove by the way of directions under paragraphs 8 to 10A, or 12 to 14, of schedule 2 to the Immigration Act 1971, or section 10 of the Immigration and Asylum Act 1999, or
• a notice of intention to deport. This is also known as a notice of a decision to make deportation order.

This means that if the applicant has not built up 14 years continuous residence on the date the notice was served, they will never be able to qualify for long residence under paragraph 276B(i)(b). The notices that end continuous residence include:

• IS151A
• IS151A Part 2
• IS151B and variations on this form
• Notice of intention to deport ICD.1070
• Prior to the introduction of the ICD.1070 on October 2000, the notice of intention to deport was the APP 104
• ICD.1071
• ICD.1072
• ICD.1075
• ICD.1076.

hajerakb1 · Post by **hajerakb1** » Wed May 23, 2012 10:05 am

Hi Luca,

Thanks for the reply.

Is there anyway to appeal against it and what is the likelihood of success.

Does the same apply for the 10 year lawful rule as well?

He was given 5 years as family member of EEA citizen, and when he applied for indefinite leave after the 5 years, it was rejected and he was given deportation order.

He then applied with me as spouse of a british national and was given 3 years limited leave to remain.

At the end of this 3 years he will be in England 10 years legally, does the deportaion order also discontinues the 10 year legal stay as well.

Thank you, kind regards.

Post by **Lucapooka** » Wed May 23, 2012 10:22 am

You can try to appeal but the guidance is clear that anyone who was issued with a notice of enforcement action will have stopped the clock. I would listen to the lawyer as he knows the precise details of the case better than anyone here who may be reading your brief script.

His only option may be to continue with DL until he has made six years in that capacity.

Post by **Greenie** » Wed May 23, 2012 12:45 pm

It would have helped if you had stuck to your previous thread

If your husband was refused 'ILR' on the basis of his marriage to an EU national (I would assume you mean PR under the EEA regs) because he didn't have any evidence to show they lived together, and she denied knowing him, then he is not going to be able to show he has been here lawfully for 10 years.

You ask if he can appeal - it is not clear whether he has actually made an application under the 14 year rule? If he has then given that he has discretionary leave to remain for 3 years he will not have a right of appeal.

At the moment he has leave to remain here and can extend this leave, I don't see how he qualifies for ILR on the basis of the information you have given or what difference an MP could make in this situation. He is not being told he needs to leave the UK, and is free to live and work here (and has recourse to public funds).

hajerakb1 · Post by **hajerakb1** » Wed May 23, 2012 1:05 pm

Thanks for your reply,

Do you have any idea what psychological turmoil this form of situation causes? its hanging over his head for the past 5 years, since we been togehter, not knowing where he can move. For example, we can buy a flat, but he cant get mortgage because of this silly rule, in practice it has no working basis.

As for no evidence for his marriage to a EEA cicizen, therE is marraige and divorce certificate, in her divorce citing she states that they lived together from which time and date, but immigration only looked at one thing that he did not have any letter addressed to them both from these time, although he had other evidence to support his marriage. I am afraid the imigration dept in UK works as a law on to themselves, no other govt body works in this away. I totally support the policies and regulations against illegal individuals, but when there is a genuine case, they should look at it openly.

hajerakb1 · Post by **hajerakb1** » Wed May 23, 2012 1:08 pm

Yes, thank you, i did not know how to look for it and did not know if it was still there or not.

Post by **Greenie** » Wed May 23, 2012 1:11 pm

hajerakb1 wrote:Thanks for your reply,

Do you have any idea what psychological turmoil this form of situation causes? its hanging over his head for the past 5 years, since we been togehter, not knowing where he can move. For example, we can buy a flat, but he cant get mortgage because of this silly rule, in practice it has no working basis.

As for no evidence for his marriage to a EEA cicizen, therE is marraige and divorce certificate, in her divorce citing she states that they lived together from which time and date, but immigration only looked at one thing that he did not have any letter addressed to them both from these time, although he had other evidence to support his marriage. I am afraid the imigration dept in UK works as a law on to themselves, no other govt body works in this away. I totally support the policies and regulations against illegal individuals, but when there is a genuine case, they should look at it openly.

It is difficult to comment without knowing all of the facts but from your previous thread, it seems that he sought advice from a solicitor on this who advised him that he didn't have sufficient evidence to appeal this decision. If he disagrees perhaps he should seek advice elsewhere.

hajerakb1 · Post by **hajerakb1** » Wed May 23, 2012 1:34 pm

The current solicitor seems to think the stamp IS151A cannot be overturned. She advised to go to the MP to ask to write a letter and that immigration dept on the ground of compassion to overturn it, that he has a infant son, another on the way, and is in employment etc. We have an wonderful opporutnity to purchase our current accommodation at half price, but due to the IS151A he cannot get mortgage, and i am not working, so we will have to wait for 6 years, by then they will probably put in another law in place regarding purchasing social housing.

Do you know of any where this was turned and what is the likelihood of it overturned because we want to pursue the 10 year legal stay next year.

Post by **Greenie** » Wed May 23, 2012 1:43 pm

If he overstayed and was issued an IS151A then this cannot be 'overturned'

The IS151A served in 1998 not a factor in the 10 years lawful residence. The issue is proving he was here lawfully for 10 years from 2003. He needs to seek advice from an immigration solicitor on whether he can qualify under this category.

The other option is for him to apply for a spouse visa from outside the UK as he could then apply for ilr after 2 years.

Regarding the mortgage it is not a requirement to have ilr to get a mortgage -maybe you should look elsewhere.

hajerakb1 · Post by **hajerakb1** » Wed May 23, 2012 11:32 pm

Hi, he was served the IS151a in 1998.

He married his Irish wife in 2003, but visa was given in 2004 to 2009, and when his passport expired, a new visa was given 2006 to 2011. He applied at the end for ILR, which was rejected.

He applied with me and has been given 3 years.

Quesion: can he apply for 10 year in 2013 as he was technically legal or 2014 counting from his visa date?

Can he go outside UK and apply although he has limited leave to remain for 3 years till 2015?

Many thanks

Post by **Greenie** » Thu May 24, 2012 6:52 pm

yes he can go outside to apply for a spouse visa even if he has limited leave until 2015.

The 'visa' you refer to that he was issued from 2004-2009 and 2006-2011 would not have been a 'visa' but a residence card/documentation as the family member of an EEA national. It is not 'leave to remain' or a 'visa'. The mere fact that he had this document doesn't render his stay in the UK lawful unless he was living in the UK in accordance with the EEA regs (i.e. as the family member of an EEA national who was exercising treaty rights in the UK). He has already applied for permanent residency based on this and been refused suggesting they were not satisified that he was living in the UK in accordance with the regulations during the period (i.e. because he couldn't prove his wife was working etc). He would need to provide this evidence with a 10 year long residence application and so would have the same problem. If he believes he can get this evidence then he might as well apply again for permanent residence under the EEA regs as this application is free. Your husband really needs to seek advice on this.

hajerakb1 · Post by **hajerakb1** » Thu May 24, 2012 10:08 pm

Hi Greenie,

I am not working at the moment, do i need to be working in order for him to get here, should he decide apply from outside uk as a spouse?

Post by **Greenie** » Thu May 24, 2012 11:03 pm

is he working? if so how much does he earn, how much do you pay in rent and council tax each month?

hajerakb1 · Post by **hajerakb1** » Thu May 24, 2012 11:15 pm

Hi, thanks for the reply,

He is unemployed at the moment, but hopefully will get a job soon. The pay is around 15,000 to 18,000k. The house rent is 300pound, and council tax 90pound per month.

Whilst he was working he did pay the rent and the council tax.

regards.

hajerakb1 · Post by **hajerakb1** » Mon May 28, 2012 8:31 pm

Hiya all,

Waiting for your response.

Does being employed makes the case strong etc. if and when he goes out of UK to apply to join his family?

Also do i need to be in emplyment whilst he is applying from outside UK?

Which legislation permits the a spouse to rejoin his family in the UK?

Many thanks and regards.

hajera

hajerakb1 · Post by **hajerakb1** » Sun Jun 03, 2012 12:18 am

Bump, please respond.
Or do i put another post out?
thanks
hajera

Post by **geriatrix** » Sun Jun 03, 2012 12:42 am

hajerakb1 wrote:Hi,
My husband has limited leave to remain (LLTR) for 3 years. You advised that he can go and apply from outside UK on spouse ground and get 2 years and then ILR.

Currently he is on benefit, but soon will start working, does he need to be working to apply?
Do i need to be workding to enable him to rejoin us?
Under what legislation/policy can he apply for spouse visa, although he has a LLTR.

Sorry i had to post, as i was not getting any response in the older one. Also i think this will help many others in the similar position so a new post would be beneficial.

Many thanks.

Shelly

hajerakb1 · Post by **hajerakb1** » Sun Jun 03, 2012 3:34 am

Hi Moderator,

You moved it without any response to my question, please clarify.

Ta

x

Post by **Greenie** » Sun Jun 03, 2012 9:16 am

See guidance

See also adequate maintenance

unless you have a significant amount in savings or can rely on third party support then yes at least one of you will need to be working and have a household income after rent/council tax at or above income support levels as set out in the second link in order to meet the maintenance requirements.. He will also need to meet the English language requirements. Note there is a high chance that the maintenance requirements will be changed significantly by the end of the year.

There is nothing in the immigration rules preventing a person with limited leave going abroad to apply for entry clearance in another category.

hajerakb1 · Post by **hajerakb1** » Sun Jun 03, 2012 1:51 pm

Hi,
Ta, hopefully he will get the job 23k, but the problem seems they want him to start immediately, and he wants to go to Algeria in summer holiday to apply, so this is causing a bit of worry, whether the employer will allow this amount of leave. Also we dont know how long the application process will take. Do you have any rough idea, how long?
I hopefully will get a part-time job at a school, but my job will not start till september, i have the letter of contract will that do as documentations of job. My pay on a part time basis will be 12k.

Ta, sorry more questions!

hajerakb1 · Post by **hajerakb1** » Sat Jun 16, 2012 11:04 pm

Hi all,
Need new information, hubby went to see few solicitors all advised against the application from outside UK, they said there is no gurantee.

Now we as a couple have been together over 5 years, is there anyway these time can be added to his existing visa of limited leave to remain for 3 years.

Many thanks

Shelly

Immigrationboards.com: Immigration, work visa and work permit discussion board

case locked against overstay amnesty