Complex case

[simonotid]

To me I think this case here is very complex.

-I applied for asylum about 10 years ago

-Changed names by deed poll about a year after I applied

-Got married in a Church of England comming up two years now

-Applied on form Set M as my wife has permanent residency thinking that will make them give a quiker decision as I had waited for a decission from the home office for more than ten years.

-Recived a reply that the SET M application is valid.

-I recieved IS96 asking me to report to an immigration officer every two weeks.

-when I went there to report for the second time I was interviewed and asked to sign a declaration. I was also issued with an IS35.
The interview was basically about my identity and bordered on mitigation. I must admit that I was so confused and off course worried. It basically sayed that the secretary of state may use the information in order to get travel document in case I was to be asked to go.

-From what I have gathered they may have rejected my asylum claim and not notified me correctly or used my old names as they have communicated to me in both names on different occasion through there post.

-Around that time I was in a bedsit in otherwords shared accomodation and all my fellow tenants new me by my current names. If the home office sent there refusal in my old names the mail might have been sent back or destroyed. I have always communicated to the home office using my current names and my solicitors informed them of my change of names. I also had to go to the home office when I was applying for my NI as they needed me to go there and have them ammend there details.

-I have since established from my MP that my case was rejected about 5 years back.


-Points to note are
1. I made the home office aware of my name change

2. I have always notified the home office of my change of address

3. I have communicated and have had replies from the home with all my applictaion.

4.Only when they had a dicision to make based on my marriage did they decide to start taking action.




My worries is being served with IS35 the start of removal and or is it the stop of the clock on DP3/96?

What can I use as my defence.

Any advice is very wellcome. I have had legal advice but would like to be more informed as the legal advicesores are sometimes not upto it.

I thank you all in anticipationof your help.

[ilm]

Is there a good reason why you cannot return home to make an application for a spouse visa? This is really the best way to resolve situation like these with many examples on these boards.

Unless there is a very good reason why you cannot go back, this is possibly the only way you will get this resolved in the near future.

[simonotid]

I have read extensivley all the posts that are nearly similar to my case, I found most are veryt different in circumstnces.
In my case I am still in fear of going back to my country and it might not be as smooth as the other cases I have read about in this forum.
After ten years with no results, I would have been out of the country if it was at all easy for me apply from my home country.

Put it this way if I wish to stay here, I know there are some valid arguments that I can use one of them being that I may not have been served with my refusal in the right way.

What is your view in this case if I was to stay here.

[eliasuk4u]

The question is not how you can stay in hiding, the question is how you can legalise your stay in UK. I know that Home Office is in complete mess. I applied for FLR on the basis marriage to a British citizen, after 3 years I got refusal letter from Home Office. After my MP's effort I received a letter from then Home Office minister Tony McNulty that i have to go back home and apply in BHC, which I did with obviously lot of hesitation but I got my spouse visa the very next day. I was in UK for nearly 8 years and I was almost in same situation as yours. but having a good evidence folder helped me to sort out my messed up immigration.

[simonotid]

Cheers for your reply, I know that it makes sense as you say that you go back and apply from your home country.

All that is good if you have a smooth sailing, if anything crops up then I could be separated from my wife for a long time. As long as I will be with my wife at all the times I don't mind waiting.


Put it this way if I was not married I still have strong grounds to be allowed to stay as I believe the manner my refusal was communicated if there was a refusal in the first place was not in the right manner.

As I said earlier I will take all advice given as hindsight is a powerful tool.