It all depends my brother. The HO are now very sneeky in cases like that. They tend to refuse DL applications in cases like that and advice the applicant to leave the UK on a given date or as soon as possible without issuing a removal direction. In doing that, the HO is avoiding making an ''Immigrat...

I have been reading up the case of Chikwamba vs Secretary of State, she had no status when she applied to the HO yet her case was decided in an appeal. AFAIK, a caseowner would need to make an ''Immigration decision'' to generate a right of appeal( Section 82, Nationality, Immigration & Asylum Act ...

I understand the fact that you can barely raise the FLR(O) fee. Having said that, I am of the opinion that you need the help of a solicitor in a case like this. Contrary to what you are told earlier, you have no right of appeal, if you get refused(as you haven't got a valid leave to enter/remain). T...

They might have assumed he was granted a PR as a husband of an EU national (another woman) based on your email. You need to clarify the position(his relationship to the EU national).

I am glad you have been made aware of the fact that the child access option is for divorced people. Wrong! You only need to be a parent Having created a Rule for parents to obtain "leave to enter" to exercise rights of access to a child resident in the United Kingdom, provisions were also made (eff...

Marrying his EU national girlfriend would afford him a Residence Card as a family member of an EEA national for 5 years(EU Directive). Overstay would not be an issue.

Can not get a spouse visa under the immigration rules

This will answer your QUESTION

you can support yourselves and any dependants without any help from public funds

Both passports should be sent with the application and as you have a straight forward, you should get your COA within 8 weeks.

As much as the HO require supporting documents to be ''Original'', you can asked for your passport to be returned when needed(but not the applicant's as that would mean a withdrawer of application).

IMHO, a marriage to your partner would put you on a good ground for an article 8 application. Dont be surprised though, its a long route to regularisation, it's not encouraging and only if you can wait and be patient. How old is your partner's son? You can also plan to return home and apply for a sp...

Have you(both of you) considered marriage at all? Like Mochyn already said, marriage will give you some legal rights to your partner and her son.

If the HO is not able to return him to Somalia, I think you might have your way on article 8 but it's a long road love, as Vinny already warned, you'll have to be patient.

I doubt if the HO would asked him to go to Ethiopia or Kenya, as he's not a citizen/resident of any of those countries

I dont think his past should affect him but as you've been warned already, its at the disrection of the ECO. I will consider getting married in Pakistan if I'm in that position, then apply for a Spouse visa.

Its only my opinion, you can consult a qualified solicitor for expert advice.

I have read the relevent pages on the UK border Agency website and it says that I need to apply for an ICFN but I cant work out if I need to it before or after submitting my ILR application.

Thanks Casa, I was actually responding to the above comment, not even thinking it was SET(M).

Thanks.

confusedlove wrote:my age is irrelivant.

You've got to be over 21, both of you. I think thats why that question came about.

The UKBA would write you a letter of appointment for biometrics after you submit your application.

I believe your wife can still apply for ILR in the UK in light of some recent judgement that I read about recently. The tribunal held that Immigration Rule 287, the one under which spouses apply for settlement (Indefinite Leave to Remain) does not require the possession of current leave to remain at...

I think John was right if this policy review is anything to go by. The British state recognised polygamy (for benefit purpose)as long as it took place in another country where the arrangement is legal. Note this ''In addition, officials have identified a potential loophole by which a man can divorce...

Why I suggesed the COA idea was because he mentioned going to Europe to get married. I thought if he marry his partner, they might consider moving elsewhere in the EU for a bit and take advantage of the Surinder Singh judgement. I agree with Casa about COA being a ''risky adventure'' but its possibl...

lilly oloya wrote:Thanks for your answers, can i and my partner get married in any other european country? As he doesn't want to go to africa.

Why not apply for a COA(though is being abolished soon), or get married here in the UK, then decide on what to do after your marriage.

A much quicker and easier way would be to return to your home country, marry your partner and apply for a spouse visa. Take Monife's advice, it's better to marry your partner if you are both up for it, go home and apply spouse visa(if there's no other issue, apart from overstaying). If you decide o...

mochyn wrote:
If you continue your thread then people should not overstay or come here illegally, so the ECO has no reason to refuse

Well! thats not the basis of this debate Mochyn, thats a different subject and you know it.

No worries mate, seek legal advice and I wish you and your family the best.

IMHO postings like this are not beneficial as each case is decided on its OWN merits. People should not rely on other cases e.g In my own case everybody told me that in my circumstances a spousal visa would not be issued and this advice is still given by posters on this site but a spousal visa was ...

postings like this are not beneficial as each case is decided on its OWN merits. IMHO, your statements are self contradictory. You just said ''each case is decided on its own merit''. So why do you always tell everybody to go home, no matter the facts of their case? I'm not trying to mislead anyone...