Confused and need help

My husband stayed in the UK illegally for 6 years. He was an illegal entrant who came here on a false passport.

In August this year, he returned to Pakistan to apply for a spouse visa to join me in the UK. On exit out of the country (he left voluntarily), he was stopped by immigration and taken aside for questioning. The person who questioned him gave him a letter.

Unfotunately, I don't have the letter in front of me - the embassy in Islamabad have it right now because they are assessing his case. But as I remember it had to do with Administrative removal. I questioned a manager at the embarkment point at Heathrow Airport and he told me not to worry about this letter - it simply acknowledges that he was in the country illegally. He also told me that it would not affect his spouse visa.
Is this true or does it imply that he has been deported? Will this affect his case? I am just worried about this letter because no one explains things properly at Heathrow and some of the immigration staff can be really rude.

Also, if Islamabad refuse his visa for whatever reason, does he have grounds to appeal even though he was living here illegally for 6 years?

I am due to give birth to his baby any day now and have been told that he can apply under human rights? Does anyone know anything about this?

I am thinking to go part-time in my job because of the baby. If I get a council house and get help with the rent/council tax, would this go against him gettting his visa? They may turn around and say "You don't have your own place and you are getting financial help" Is he allowed to stay in a council house?

Hello,

A few legal points :

1. Administrative removal is NOT a deportation. Administrative removal is served on overstayers, illegal entrants etc - petty immigration offences. There is NO prohibition for those, administratively removed from the UK to apply for a UK visa the following day.

2. Now, if your husband did NOT state in his VAF2 (Settlement - Spouse) that he was removed - that could cause a problem and lead to a potential refusal of the application.

3. Settlement application (like your husband's) DO attract a right of appeal under s.82(2) NIAA 2002

Hopefully, you did some research before he lodged his application to BHC or consulted a lawyer.

Keep us updated.

Regards,

Anton

antontony wrote: 1. Administrative removal is NOT a deportation. Administrative removal is served on overstayers, illegal entrants etc - petty immigration offences. There is NO prohibition for those, administratively removed from the UK to apply for a UK visa the following day.

Yes, Anton, generally it is true but do however, remember that the Rule 320(11) potentially prohibits any overstayer from succeeding under any category regardless whether it leads to settlement or not.

It says that entry clearance should NORMALLY be refused if the person has not observed the time limit attached to his previous leave to remain.

Of course I would agree that if all other rules are met and Human Rights issues are brought in, those would potentially place a heavy weight in favour of the applicant.

However, this rule is there and can potentially lead to refusal of entry clearance solely on that basis.

Thanks for the advice guys, but I am still confused.

You use the word "overstayer", but my husband came to this country as an illegal entrant from the start. Is this the same thing? He came here on a false passport and I am not certain but I think he was also given some sort of visa for 6months! I would have to check this with him again.

Anton, you mentioned that if he does not state on the application that he was removed, his application could be refused. Its a real pitty that I don't have the letter in front of me, that way I could clarify exactly what it says. The thing is, my husband wasn't actually removed from the country. He was stopped at the embarkment point at Heathrow Airport on his way out of the country, heading back to Pakistan. A letter of some sort was issued to him, and I remember that a box was ticked. The address at the top of the letter was that of the home office.

Now there is a question on the application which says " Have you ever been to the UK before"?. My husband was honest and ticked "yes". I am also sure that he stated on the application that he was living here illegally for 6 years. Upon his arrival at Islamabad Airport, he also signed a document stating that he had been staying in the UK illegally. So he has been honest about the whole thing both at Heathrow Airport and Islamabad Airport.

Any further advice?

rainbow24 wrote: You use the word "overstayer", but my husband came to this country as an illegal entrant from the start. Is this the same thing? He came here on a false passport and I am not certain but I think he was also given some sort of visa for 6months! I would have to check this with him again.

If he claimed asylum soon after arrival, then there should be no overstay issue. If he was given a visa on arrival he is not an illegal entrant. If he claimed asylum immediately on arrival he must have been given temporary admission. If there has never been a decision on his claim in the 6 years whilst he has been here. there should be no overstay issue, either. If he left the country without waiting for the outcome of his asylum application, his application would be considered withdrawn and he has been in the country illegally for 6 years as an illegal entrant and not an overstayer.

Anton, you mentioned that if he does not state on the application that he was removed, his application could be refused. Its a real pitty that I don't have the letter in front of me, that way I could clarify exactly what it says. The thing is, my husband wasn't actually removed from the country. He was stopped at the embarkment point at Heathrow Airport on his way out of the country, heading back to Pakistan. A letter of some sort was issued to him, and I remember that a box was ticked. The address at the top of the letter was that of the home office.

It would be helpful if he could scan the letter and e-mail it to you so we could have a sight of it here.

Upon his arrival at Islamabad Airport, he also signed a document stating that he had been staying in the UK illegally.

What is the Pakistani business on his stay in the UK, I wonder?

I think everything will be ok. Don't worry. Although might take some time for his application to be processed.
Have you both collected all the documents required in order to apply for visa (according the VAF form) such as marriage certificate, utility, bank bills on both names, his payslips, your payslips, etc to satisfy the ECO that you have been living together as husband and wife for long time, that you intend to continue living together, any medical records that you are expecting a baby, proof of his employment so he will be able to show that he will accommodate himself and yourself without having recourse to public money, proof of your accommodation - rental or mortgage agreement or the ownership of the house, etc etc?

I will need to clarify with him exactly what his situation was when he arrived here in the UK. I will come back to you with answers. Sorry I can't be more specific at this stage.

Regarding the documents you mentioned, this is exactly what we have submitted to the BHC in Islamabad. I would be interested to know what you think.

1. 4 months bank statements (my bank bank statements) - I spoke to someone at the BHC in Islamabad and was told that there was no minimum req for bank statements at this time, and was advised to submitt whatever I could)
2. 10 payslips from my current employment
Contract of employment
3. Letter from my line manager confirming the following:
1). When my employment commenced
2). How long he has known me.
3). Has stated positive comments about me as a person and member of staff.
He has also given his full name, telephone number and personal address should the BHC wish to contact him for any reason.
4. Tenancy agreement - At the moment am living in shared accomodation which consists of 1 double sized room and a box room for when our baby arrives. We have been living there since June last year and the tenancy is about to run out in May next year. We pay £250 per month which includes all bills. We also have a signed letter from the landlady confirming that the rent inlcudes bills.
5. Letter from a private or third party confirming that there is no overcrowding and that the property should be ok for immigration purposes.
6. Letter from my GP confirming that I am pregnant, scan reports from the hospital. Hubby also went as far as to submitt scan photos which I think is going a bit too far, but nevertheless it's evidence.
7. Nikah Namma (Muslim marriage certificate) from when we got married in Pakistan. This is in English and translated into Urdu. The marriage is also registered in Pakistan.
8. Photos of the wedding and from our time together in the UK.
9. Letters from family and friends in UK confirming that they know us and that they believe this marriage is genuine.
10. My birth certificate and his.
11. Photocopy of my passport which has been attested by a solicitor.
12. Sponsor letter from myself.
13. P60 from my employer.
14. 3 phone bills confirming that contact has been made between me and my husband during his stay in Pakistan. Each phone bill amounts to £275 for each month.
15. certificate of when I became Muslim 4 years ago.



Now, although I have submitted the above documents, our visa might be rejected because I am unable to provide the following.

1. Utility bills in both our names - When we got married in January 06, we stayed with a relative until we found suitable accomodation in June 06. All the post was in his relatives name, so unfortuantely we didn't have any utility bills or letters sent to us at that time.
2. We got to know each other before marriage under the supervision of friends because we were not allowed to date each other outside of marriage. If they ask for proof of us getting to know each other before marriage, this is where we will be stuck. I have explained in a letter to the BHC that as Muslims we cannot date each other, and have provided a printout from the internet confirming that dating is forbidden in this religion. I also explained that we met under the strict supervision of friends which is the truth.

What do you think?

rainbow24 wrote: What do you think?

I think it is a very well prepared application and everything should go well.

Good luck.

Just out of curiosity. If the OP's husband travelled on a false passport to the UK in the first place, did he exit the UK with the same false passport?

If yes, then the OP can use his own name and details on a 'real' passport and apply for an EC.

Although there would be deception on his part if he states that he has not entered the UK before but that would be a different person altogether in terms of passports.

This is just a though and it is unfortunate but I believe speaking the truth will weigh on the postive side of OP's husband application than lying.

On the question of bills, the Landlord or relative can also provide a written confirmation of duration of stay if BHC Islamabad needs this.

Thank you.

Ok, finally I have answers regarding my hubby's situation.

He was 16 years old when he came to the UK. He paid a large amount of money to an agent in Pakistan who took care of everything for him ie sorting out a passport for him etc etc.

Apparently the passport was in someone else's name. My hubby never got to see this passport because he was still young at the time and this man took care of everything for him, telling him not to worry. The agent travelled with him from Pakistan to UK, and he had my hubby's passport in his hand the whole time. Hubby also had a 6 month student visa to come here, probably in the same name as the passport. Now, I am not sure if this is a fake name, I really don't know and neither does hubby. Because it was so long ago, he can't remember anything else. The last thing he remembers was saying goodbye to this agent at the airport and he never saw him again. When my hubby turned to ask the agent about the passport, it was too late, the agent had already walked away, so hubby never saw the passport again.

I guess that makes him an illegal entrant. As I mentioned before, hubby has told the embassy that he has been in the UK before. He also told the immigration people at the airport in Islamabad & Heathrow the full story so he has not lied. He was a minor when he came to this country, and now he has returned to Pakistan to do the right thing.

Just want to add to my last message that hubby left the country on a travel document.