DP3/96 again

[jannahjewel]

Hi all

I need some further advice about the DP3/96 concession.

Firstly, my husband entered the UK as an asylum seeker and was issued with a IS151A document upon entry. He was then issued with an IS96. We married in July 2004. He has no decision on his asylum application until now. We have asked HO to consider us under DP3/96. At the time we understood that our marriage pre-dates enforcement action by two years and we thought the enforcement action referred to would be when and if his asylum application is refused and a deportation order is issued. We have now been told that the IS15A may be seen as the is the start of enforcement action? Which is correct baring in mind that he was then issued with IS96 which seems to grant him temp. admission.

Another point, the third part of the DP3/96 concession actually states "it is unreasonable for settled spouse to accompanyhis/her spouse on removal." Now, does this mean they will raise the issue of whether my partner could go back and gain entry clearance at all? As what it seems to be saying to me is that they will look at whether it is unreasonable to ME to go and live there (Iraq!) rather than whether it would be proportional for hubby to go back and get his spouse visa. The DP3/96 fails to mention the entry clearance / proportionality issue. Is this correct?

Can anyone offer advice? Has anyone been successful under DP3/96?

Thanks