Immigration advice for Albanian in UK who was refused

[Elliewifetoalbanian]

Hi all

I am a uk born British citizen.

My husband entered the UK in November 2011 using a false passport via plane

He lived happily in the UK until March this year when the home office were tipped off to attend the car wash he managed. He was arrested but stupidly gave his false passport and was released on bail while 4 other Albanian workers including his brother were immediately deported. My husband speaks fluent Greek English and Italian which we think is he convinced them. Anyway the passport was reported missing and a week later he was rearrested.

He was very lucky he did not get prosecuted for fraud, but he was held in the Verne immigration centre for 8 weeks. He was moved to brook house in Gatwick and the day before his flight to albania the solicitor cancelled the ticket. He was refused bail so myself and two sureties attended a court hearing and put up a potential £6000 and he was released with reporting instructions while awaiting a decision under article 8 human rights.

We were going for the basis we have been together over 2 years and had evidence and 30 letters of support from friends and family. He was refused in August on the basis they believe we could carry on our relationship or I could move to albania.

We lodged an appeal immediately and are still awaiting a date as we have not yet been listed.

We applied to marry and they granted permission. So we married on the 14th September.

My partner applied for a uk provisional driving license which he relieved October and recently passed his theory. We were told home office would deny him a uk license?

Since then I am now 13 weeks pregnant (due June) which we have submitted evidence of this to home office requesting my husband can work whilst awaiting appeal along with the marriage certificate.

What I am really looking for is general opinions if people now believe he has a strong enough case to stay in the uk? Or do I need to be prepared I may have to live without my husband and raise our child alone. Do we just wait for the appeal to be listed or should we be looking at doing something else? Any suggestions or advice would be greatly appreciated.

[Casa]

What passport is he currently using? When your husband applied for his provisional licence, how did he convince the DVLA that he has legal status in the UK, even though this isn't the case?

[Elliewifetoalbanian]

He's got his Albanian passport which home office have had a copy of and they now have all his correct info.

He was using a Greek passport when entering uk and originally handed that to home office. He paid several thousand pounds for it and it was in fact a genuine passport but we will never know if it was stolen or sold by the real owner.

He didn't convince the dvla of anything. He sent off his original passport with no visa in and was issued with a driving license within days. He did tick to say he's a resident of uk but that's the only box. Technically he is a resident as he had resided in the uk for over the time limit it stated. I did google the term resident and the government website doesn't state a resident must have legal admission to the uk just must have been residing in the uk..

[Casa]

I believe that when (if) the DVLA become aware that he is an illegal resident the driving licence will be revoked.
https://www.gov.uk/government/uploads/s ... cences.pdf

I can't see that the Home Office will give permission for him to work as his employer would face a £10,000 fine. Even most Asylum seekers awaiting their case to be decided are not permitted to take any form of employment and have to live in extreme poverty on as little as £5 a day.

Your case should be stronger once your baby is born, when a FLR(FP) application may stand a chance of success.

[Elliewifetoalbanian]

Our solicitor believes the dvla would have done immigration checks before issuing a license and therefore the home office must have granted him one. His passport was submitted with no visa so we haven't decieved them just guess we will need to said and see.

He is not entitled to any public recourse at all so does not even get £5 a day. Will have to wait and see what they say

Thanks for your help .

[Casa]

Our solicitor believes the dvla would have done immigration checks before issuing a license and therefore the home office must have granted him one. His passport was submitted with no visa so we haven't decieved them just guess we will need to said and see.

He is not entitled to any public recourse at all so does not even get £5 a day. Will have to wait and see what they say

Thanks for your help .

I think the Home Office will assume that as his wife you will be able to support him while his case is being assessed. i.e he won't be destitute if he isn't working. But I could be proved wrong.

[Elliewifetoalbanian]

I think you will be right there. I can certainly pay the bills but have little money for luxuries. No harm in trying I suppose. Will keep you all updated. I have recently started working for a government department for hmcts which I am hoping will strengthen the case in regards to show a good character etc

[Casa]

Can I ask why you decided against your husband returning to Albania and applying for a spouse settlement visa from there?

[Elliewifetoalbanian]

Our first solicitor suggested him returning to Albania and getting married there. Our second solicitor (who we got duped by) said if he left the country he would never get back in. Our third solicitor who we have since stuck with said it was better to do it from this country. We have been told solicitors try to make you do it from the UK as they know they will get alot of money from you and likely be unsuccessful our final solicitor has been very good and our legal expenses have been very low compared to others my husband was in the immigration centre with. If his human rights appeal is to fail we have been advised it would be a possibility to put in an asylum claim this would likely fail but be more of a time buying option. I think if he loses his appeal we will have to go to Albania. I have a lot of health problems though which is why I rely on nhs medical treatment. He could easily get back in the uk illelegally. We know numerous people deported in May who are here already but we want it all to be official.

[Casa]

Realistically, where would 'buying time by submitting an asylum application' get you? You would simply be delaying the inevitable if you aren't able to legalise his stay here. The HO office are very aware of false asylum claims which are probably even more strictly vetted currently, due to the high numbers of genuine asylum seekers from war-torn countries, as opposed to economic migrants. The question would be why it has taken your husband 4 years to claim he is at risk in Albania and unable to return there?
Regarding applying from a settlement visa from his home country; a spouse visa can't be refused under 320(7b) but it could under 320(11) if the entry and use of a false passport was flagged up in the application, due to 'frustration of the Immigration Rules'.
You may want to have a look at the Surinder Singh route as an alternative.
https://www.freemovement.org.uk/surinde ... ion-route/
https://www.gov.uk/family-permit/surinder-singh

Has you solicitor explained the option of a FLR(FP) application once your baby is born, if this appeal fails?

[Elliewifetoalbanian]

It wouldn't get us anywhere would just be a time buyer so a waste of time really. Hoping we win the appeal on the grounds we have since married and had a child since his human rights claim was refused. They agreed he agreed with nearly all the appendix it was just literally they believed our relationship was genuine but we hadn't lived together for more then 2 years and they believed I could live in Albania or we would continue our relationship via the Internet.

I am really concerned though we applied for the appeal August and the fee was taken out my bank account in September so why have we not been given a date yet? Solicitor just says these things take time and hasn't chased it up. Do I need to chase this up surely I should have an appeal date??

[Casa]

As per my previous post, has your solicitor explained the option of a FLR(FP) application once your baby is born, if this appeal fails?

[Elliewifetoalbanian]

No we haven't discussed that yet. We have only discussed if the appeal fails he has the option to appeal once more

I am concerned though we have not been given a listing date despite applying in August is this usual?

We have had a letter this morning from home office stating they cannot grant him right to work as his leave to remain in UK was refused. Solicitor thought as he was waiting appeal it may be granted but obviously not.

[Casa]

I think you should ask your solicitor about a FLR(FP) application if this appeal fails and your baby has been born. Regarding the time-scale for an appeal. your solicitor should have first-hand experience on this.