Husband's immigration problem

Hi,

Hoping someone can help.

The history is that my husband came to the UK over 4 years ago. We met 4 years ago. At this time he was awaiting the outcome of an asylum appeal. 3 years ago we married. A few months after we married he had the appeal hearing and the appeal was rejected. We then applied for leave to remain on the basis of our marriage, as I was born in the UK. This was again refused. We were told that he was to return to his country of origin and apply for a visa there. My husband is reluctent to do this because he is afraid he will not be able to return to live with me in the UK. We have our own home, I am working and we able to financially support ourselves.

A couple of years ago I was advised that if I were to get another job in another EU country, i.e. southern ireland, and worked there for 1 year he could then apply for a visa into the UK from there and that this should not be refused. Does anyone know if this is still the case? If so would he also be able to work in the other EU country, and does anyone know what the process is to go about all this.

Thanks

1. http://www.immigrationboards.com/viewtopic.php?t=5452

2. Under ECJ ruling (Akrich IIRC) EU member states do not have to issue an EU based visa/ residence permit to an EU national's family member where said member has no legal residence in the applicable (visa application) country. Since your spouse has no UK visa the Irish consulate in London or for that matter any other EU member state's consular section does not have to grant him a visa even if you are going to the relevant country to exercise treaty rights. If home is safe then I suggest you go there and submit the relevant applications - you have lost so much time already...is it worth losing more let alone the stress you must be both facing?

Thanks for your reply.

If we return to my husband's county of origin do we need to/is it wise to inform the home office of our intentions before hand? Do we need to withdraw the asylum application even though the appeal was not successful?

Have a look at this topic, and also the topic linked to in it, and you will see that your husband's situation is not unique .... and the outcome can be favourable!

So why not just follow the path set by member rmberg1?

We have our own home, I am working and we able to financially support ourselves.

Go for it! Start preparing the "evidence folder" to ensure that your husband's spouse visa application in his own country is successful. If you have not already done so, download the VAF 2 application form and also the INF 4 Guidance Notes.

Can I ask, where is your husband from?

Thanks,

My husband is from Turkey. We have been informed that we can apply from Northern Cyprus and the process is much quicker and so are thinking of doing that.

I can't comment upon the Turkey / Northern Cyprus point ... no knowledge.

But as regards the application, wherever it is made, don't skimp on the evidence! Prove that you are settled in the UK, that the financial test is passed and that your husband will not need to claim certain Public Funds, that the accommodation is suitable and certainly not overcrowded, and that there is "evidence of contact".

IMHO the ECOs that decide upon visa applications much prefer a neat tidy folder of evidence rather than a brown paper envelope stuffed with scraps of paper. So make the ECO's job that much easier.

John,

I read the story of rmberg1. It's nice to know good things happen sometimes.

Do you know what an ARC card is? I am a bit concerned that he was threatened with administrative removal even though he had a letter confirming voluntary return to his own country. I know that if someone is removed from the counrty it would be difficult for them to attain a visa to re-enter, but I think this is not the case with voluntary return.