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Any way forward requires as a minimum clarification of this given that such is an offence under multiple laws - why was he not charged? Likewise can you give:kmo wrote:My partner was arrested and interviewed by an immigration officer and was released a couple of hours later. The police have not charged him for this offence.
LRC on basis of 10 yrs requires as a minimum continuous legal leave - the clock stopped upon refusal. The deceipt factor categorically rules out an application in any case so best to forget this route. Same deceipt impacts on 7 yr aspect and indeed any leave application.kmo wrote:In addition to what i have just posted does anyone know if my partner is elegible for The Long Residence Consession( he has been here 10 years) or The Seven year Concession (our eldest daughter being 7)
Has he since divorced (or his wife died)? And if so, have the two of you since got married?kmo wrote: I discovered that he had married previously in Kenya and had not divorced before marrying me.
Such would have been void pursuant to misrepresentation of a material fact.Chess wrote:in hindsight - why didn't hubby apply for Naturalisation in 1999?
Financial situation means you will have major challenge meeting the maintanance and accomodation aspect of the rules let alone travel to Kenya for a marriage. My original post enquires as to whether your spouse completed his education. Has he qualifications and/or work experience that will enable him find suitable employment upon his return to the UK? Same query to you? Do you own your home? Is there any equity in it? Do you have family that can offer short term support for a visa application? The 7 yr concession (subject to clarification of bigamy charges being dropped) is perhaps a better option were answers to the above be in the negative. That the financial woes will continue though is an added factor to be aware of.kmo wrote:My partner was told by the home office that he should not work. I have had another child this year and as I have been breast feeding up untill now it has been difficult for me to work. My partner lives of his overdraft!!!!
I am in no way suggesting that her hubby should have had any misrepresentations - in any case he would not have been the first or last person to hide material facts...this kind of stuff goes on - on a daily basis...Kayalami wrote:Such would have been void pursuant to misrepresentation of a material fact.Chess wrote:in hindsight - why didn't hubby apply for Naturalisation in 1999?
Based on my experience, understanding and interpretation of immigration law and on the basis of info provided and developments to date - No chance.kmo wrote:Thank you for your comments they have been interesting although I must say that I did not come on to this forum to find out wether my husband should have told the home office about his previous marriage or not. I came on here to find out if there is any chance that my husband will ever be given permission to stay in uk or re-enter given my current financial situation.
You have ignored my pertinent questions asked in good faith to ascertain your position and chances of a visa application. Accordingly you have become defensive over matters that are of distinct relevance in immigration law. I believe that I have not judged your husband and any actions but it would be false to ignore such/ say that these have not made an application more challenging. I fail to see how anyone can assist under these circumstances but maybe others have alternative suggestions.kmo wrote:STILL OPEN FOR ANY ADVICE!!!