uk spouse visa rules for refugee

My husband is and afghan citizen and was administativly removed from the UK 18 months ago, as his claim for asylum were refused. during the time he was removed we were not married to one another but have got married once he was removed we got married in india.

He was removed to kabul in a charter plane.

We are planning to make a spouse visa application to bring him back to the UK. I had all my documents in order and I meet the Income inorder to support him. I have become aware that he may have a ban of maybe 5years which we were not aware of at the time as he has no criminal convictions.

I would like to know the process of applying to get the ban removed before we apply for a UK spouse visa.

The banning order cannot be revoked. Your partner was forcibly removed from the U.K which invokes a mandatory re-entry ban for up to 10 years :

Where paragraph 320(7B) of the Immigration Rules applies and the,
individual was forcibly removed from the UK they are subject to a mandatory
ten year re-entry ban. For the purposes of this re-entry ban, an enforced
removal is one where the person refuses to leave the UK voluntarily and the
UK Border Agency enforces their departure in order to ensure they leave.
Enforcement includes the use of detention powers immediately prior to
departure from the UK if applicable.

bismiallah wrote: husband is and afghan citizen

What is your nationality/immigration status in the UK?

320(7B) may be exempted under certain conditions.

I am a british born citizen.
I met my solicitor he has advised me that we may have to go to court depending on the case.

Have you clicked on Vinny's blue links and read through the content?

bismiallah wrote:My husband is and afghan citizen and was administativly removed from the UK 18 months ago, as his claim for asylum were refused. during the time he was removed we were not married to one another but have got married once he was removed we got married in india.

...

I would like to know the process of applying to get the ban removed before we apply for a UK spouse visa.

Immigration history is unlikely to be rewritten as its a matter of record, (whether adverse or not).

Whether or not it is taken into consideration for any/all types of future applications is another question.

secret.simon wrote:

bismiallah wrote: husband is and afghan citizen

What is your nationality/immigration status in the UK?

Im a british born citizen

Casa wrote:Have you clicked on Vinny's blue links and read through the content?

I have read through the blue links which i was aware of, my previous solicitor advised me that our case for spouse visa would consider a this and should be granted visa.
However my current solicitor is telling me we need o revoke the ban before we apply for a spouse visa.

If an applicant is exempted from 320(7b) because of A320, then there is no ban under 320(7b) to revoke.

A320 wrote:Paragraphs 320 (except subparagraph (3), (10) and (11)) and 322 do not apply to an application for entry clearance, leave to enter or leave to remain as a Family Member under Appendix FM, and Part 9 (except for paragraph 322(1)) does not apply to an application for leave to remain on the grounds of private life under paragraphs 276ADE-276DH.

vinny wrote:If an applicant is exempted from 320(7b) because of A320, then there is no ban under 320(7b) to revoke.

A320 wrote:Paragraphs 320 (except subparagraph (3), (10) and (11)) and 322 do not apply to an application for entry clearance, leave to enter or leave to remain as a Family Member under Appendix FM, and Part 9 (except for paragraph 322(1)) does not apply to an application for leave to remain on the grounds of private life under paragraphs 276ADE-276DH.

Thankyou vinny.....
I will speak to my solicitor and find out what is going on. Thank you

Hi

I am a british citizen and my husband is an afghan citizen, he has left afghanistan and is currently in europe illegally as he was in fear of being killed.

I wanted to know how and if he needs to apply for a residence card.

We would both like to be together back in the UK. I am current working and meet all the requirement financially.

bismiallah wrote:Hi

I am a british citizen and my husband is an afghan citizen, he has left afghanistan and is currently in europe illegally as he was in fear of being killed.

I wanted to know how and if he needs to apply for a residence card.

We would both like to be together back in the UK. I am current working and meet all the requirement financially.

What kind of residence card do you mean? EU RC type of residence card?

Are you in UK?
As a British citizen in UK there is no EU option available to hubby through you.

bismiallah wrote:Hi

I am a british citizen and my husband is an afghan citizen, he has left afghanistan and is currently in europe illegally as he was in fear of being killed.

I wanted to know how and if he needs to apply for a residence card.

We would both like to be together back in the UK. I am current working and meet all the requirement financially.

Hi.

Iam in the same boat as u. I'm British citizen my wife is afghan she had a schengen visa which is now expired. Iam working in the uk have all the required documents to apply for her UK spouse visa.

But the ukvi won't take her application in any EU country because she doesn't have legal status. They saying go and apply from India or Pakistan .

Other option is to move to some eu country start working there and then u can apply for him for residents card under. EU free movement directive 2004. Then use surrender Singh route for the uk.

Coz we have two British children as well. I have spoke to my mp he has got in touch with ukvi if they give special permission to her to apply uk spouse visa in Europe because of her situation and children involved we are waiting for ukvi reply to my mp for nearly a month.

Good luck.

hi
thanks for the reply, would this not imply to us....

EEA family member without Residence Card (Part 2):
This only applies to you if
you are a family-member of an EEA-citizen AND
Not (yet) in possession of the residence-card as per Part 1 OR
legally living outside the EU altogether

In this case you are still legally entitled to travel to all of the EEA (not Switzerland ), as long as your partner travels with you, or you "join the partner".

>>Article 5, Section 4 of 2004/38/EC<< reads as follows:

Where a Union citizen, or a family member who is not a national of a Member State, does not have the necessary travel documents or, if required, the necessary visas, the Member State concerned shall, before turning them back, give such persons every reasonable opportunity to obtain the necessary documents or have them brought to them within a reasonable period of time or to corroborate or prove by other means that they are covered by the right of free movement and residence.

In practice you take

both passports AND
some proof of residence AND
your marriage-certificate, officially translated and if necessary with a Hague-apostil
basically you take all papers you would need to apply for the permit as per "Part 1"
and you´re legally good to go without visa.

my hustaband is hoping the International Organization for Migration (IOM) will help.

bismiallah wrote:hi
thanks for the reply, would this not imply to us....

EEA family member without Residence Card (Part 2):
This only applies to you if
you are a family-member of an EEA-citizen AND
Not (yet) in possession of the residence-card as per Part 1 OR
legally living outside the EU altogether

In this case you are still legally entitled to travel to all of the EEA (not Switzerland ), as long as your partner travels with you, or you "join the partner".

...

Under UK law a BC is not treated as an EEA national in this context. (This is even before Brexit).
Except in special cases such as the Surinder Singh route.

Have you taken Surinder Singh route?
If not, you cannot apply for FP for hubby.

I have heard of the surinder route

is there any other way that he may be able to come back to the UK

he is now going to claim asylum in Hungary

bismiallah wrote:I have heard of the surinder route

is there any other way that he may be able to come back to the UK

he is now going to claim asylum in Hungary

Its not really clear who is who and who is where and what each person's immigration status is and if anyone has done SS or not.

If you are British and based in Britain and have not exercised treaty rights somewhere in Europe then you cannot sponsor anyone under the EU route.

I am a british citizen and my husband is an afghan citizen in hungary. He was previously in the Uk in 2014 and was administratively removed as a failed asylum seeker, and was sent back to afghanistan at that time me and him were not legally married, but are now. He has had to leave afghanistan as the fear of being killed.

Now currently in Hungary hoping to get humanitarian protection.

I have heard if he originally had a case in the UK and he is now making a case in Hungary would they not tell the UK to take over his case?

Also so you are saying there is no other way of bring him to the UK unless it is through the Susinder route?

Sincejune wrote:

bismiallah wrote:Hi

I am a british citizen and my husband is an afghan citizen, he has left afghanistan and is currently in europe illegally as he was in fear of being killed.

I wanted to know how and if he needs to apply for a residence card.

We would both like to be together back in the UK. I am current working and meet all the requirement financially.

Hi.

Iam in the same boat as u. I'm British citizen my wife is afghan she had a schengen visa which is now expired. Iam working in the uk have all the required documents to apply for her UK spouse visa.

But the ukvi won't take her application in any EU country because she doesn't have legal status. They saying go and apply from India or Pakistan .

Other option is to move to some eu country start working there and then u can apply for him for residents card under. EU free movement directive 2004. Then use surrender Singh route for the uk.

Coz we have two British children as well. I have spoke to my mp he has got in touch with ukvi if they give special permission to her to apply uk spouse visa in Europe because of her situation and children involved we are waiting for ukvi reply to my mp for nearly a month.

Good luck.

Hi

Thanks for the advice, I also have a son who is British, I don't think the surrinder singh route is good for me because of this reason.

So have you applied for the UK spouse visa?

My husband is currently in Hungary and in the process of humanitarian protection as a fear of going back to afghanistan.

I understand your frustration all we want is a normal life.

thanx

bismiallah wrote:

Sincejune wrote:

bismiallah wrote:Hi

I am a british citizen and my husband is an afghan citizen, he has left afghanistan and is currently in europe illegally as he was in fear of being killed.

I wanted to know how and if he needs to apply for a residence card.

We would both like to be together back in the UK. I am current working and meet all the requirement financially.

Hi.

Iam in the same boat as u. I'm British citizen my wife is afghan she had a schengen visa which is now expired. Iam working in the uk have all the required documents to apply for her UK spouse visa.

But the ukvi won't take her application in any EU country because she doesn't have legal status. They saying go and apply from India or Pakistan .

Other option is to move to some eu country start working there and then u can apply for him for residents card under. EU free movement directive 2004. Then use surrender Singh route for the uk.

Coz we have two British children as well. I have spoke to my mp he has got in touch with ukvi if they give special permission to her to apply uk spouse visa in Europe because of her situation and children involved we are waiting for ukvi reply to my mp for nearly a month.

Good luck.

Hi

Thanks for the advice, I also have a son who is British, I don't think the surrinder singh route is good for me because of this reason.

So have you applied for the UK spouse visa?

My husband is currently in Hungary and in the process of humanitarian protection as a fear of going back to afghanistan.

I understand your frustration all we want is a normal life.

thanx

Ok. The rules and things you have mentioned doesn't apply to your husband until you move to other eu country and live with your husband. And do surrender Singh route. The rules you mentioned are easy to read it on the papers but hard to get a border force or embassy to imply them to you.

Even if your husband apply for asylum in hungry and get protection you still have to go through uk spouse visa rules. U can't just bring your husband over to the uk because he has hungry residence card.

My wife can travel with me in the eu now no problem but if she want eu residents card I have to move to some eu country work and live there which I don't want to do that.

I haven't applied for uk visa for her because as I said in earlier post that ukvi contractors teleconnect won't take her application because she doesn't have legal le status in Holland.

We are waiting for our mp to get a special permission from home office and ukvi to tell tell the uk embassy in Holland and teleconnect to take her uk visa application.

Hi.

Iam in the same boat as u. I'm British citizen my wife is afghan she had a schengen visa which is now expired. Iam working in the uk have all the required documents to apply for her UK spouse visa.

But the ukvi won't take her application in any EU country because she doesn't have legal status. They saying go and apply from India or Pakistan .

Other option is to move to some eu country start working there and then u can apply for him for residents card under. EU free movement directive 2004. Then use surrender Singh route for the uk.

Coz we have two British children as well. I have spoke to my mp he has got in touch with ukvi if they give special permission to her to apply uk spouse visa in Europe because of her situation and children involved we are waiting for ukvi reply to my mp for nearly a month.

Good luck.

Hi

Thanks for the advice, I also have a son who is British, I don't think the surrinder singh route is good for me because of this reason.

So have you applied for the UK spouse visa?

My husband is currently in Hungary and in the process of humanitarian protection as a fear of going back to afghanistan.

I understand your frustration all we want is a normal life.

thanx

Ok. The rules and things you have mentioned doesn't apply to your husband until you move to other eu country and live with your husband. And do surrender Singh route. The rules you mentioned are easy to read it on the papers but hard to get a border force or embassy to imply them to you.

Even if your husband apply for asylum in hungry and get protection you still have to go through uk spouse visa rules. U can't just bring your husband over to the uk because he has hungry residence card.

My wife can travel with me in the eu now no problem but if she want eu residents card I have to move to some eu country work and live there which I don't want to do that.

I haven't applied for uk visa for her because as I said in earlier post that ukvi contractors teleconnect won't take her application because she doesn't have legal le status in Holland.

We are waiting for our mp to get a special permission from home office and ukvi to tell tell the uk embassy in Holland and teleconnect to take her uk visa application.

Hello
sorry for the late reply and thanks for your input, we are still awaiting a decision.

I was wondering whether I would be able to do the same and ask for exceptional circumstances as he cannot go back to Afghanistan and that I also have a child in the UK in full time education.
I also qualify for being able to support him financially for the UK spouse visa.
I was wondering did you write to your local MP and ask to produce a letter and can you tell me if this has helped your situation.

Hi

We haven't recieved any reply from the UKVI yet.
My MP said that the immigration minister have confirmed that they have received our letter and said we will investigate it and reply back.

Hi my husband is currently in Hungary as a refugee from Afghanistan and is in the process of getting back to the UK or trying to claim status there. He was previously in the UK but was administratively removed to Afghanistan, he was hoping under the Dublin II they may sent him to the UK as he was first there and that he has his family in the UK?????

I am a British born citizen and qualify for the threshold and the UK spouse visa requirements.
Is there anyway we can make an application for him to come back to the UK as he cannot go back to Afghanistan as he is in fear. Would the British Embassy accept the spouse visa under special circumstances?