spouse visa - urgent advice needed -please can someone reply

Hello, please can someone reply as I need urgent advice re: my husbands spouse visa - I previously wrote message titled 'help i need advice on marriage applications' but nobody has yet replied.
Basically my husband came to uk in 2001 when he was 16, he had no passport and no family etc and told by socail worker to make a asylum application, but it was refused in 2004.
We got married in May 2004 - submitted a marriage application in June 2004 recd a letter back 4 weeks later saying it was valid and they rtnd my passport. Then 2 months after that HO sent another letter stating that our application has been passed on to another dept for 'more detailed consideration'... since then we have heard nothing!
I have phoned them lots of times but not given any info at all - not getting anywhere with the HO or our solicitor who is very unhelpful and now he has left the country and we cannot contact him!
We have heard that it may be quicker if we were to go back to his home country (Cameroon) and re apply from there. Is this correct??
If we do this how would we go about it? Do we have to ask the HO first? And as he does not (and never has had) a passport of any kind what can be done. Would there be problems with his application for spouse visa being approved as he was a refused asylum Seeker before we got married?
Also do you know how long it would take for his application to be processed in Cameroons?
I really need to find out ASAP as my husband has to let his work know this week and make the necessary arragements. Sorry!
Thanks very much

Cheryl

The following is the evidence I provided and the sections I broke it up into (all in a plastic binder with separate clear envelopes).

PARTICULARS
1) VAF2 Form
2) Marriage Cert
3) Birth Certs (both)
4) Passport (Mine)
5) Notarised copy of pasport (my partner)

OUR RELATIONSHIP
1) Emails between us over time (over the last 2 years)
2) Cellular phone bills showing calls between us (over the last year)
3) Photos of us together (over the lst 2 years)
4) Common bills to the same address (included council tax, car insurance
etc)
5) Signed letters from 4 of out close friends stating our relationship is
genuine.
6) Personal statement about our relationship (me)
7) Personal statement about our relationship (my partner)

FINANCIAL
1) Bank Statements from my Partner (last 12 months)
2) Payslips from my Partner (last 12 months)
3) Employment Contract (My Partner)
4) Letter from my Partners employer stating salary and duties.
5) Evidence of my Partners savings.
6) Evidence of my savings.
7) My University Degree.
8 ) My CV.

ACCOMODATION
1) Lease for out property
2) Letter from out landlord stating amount of rent and the layout of the
property. (also that we are reliable tennants etc)
3) Photos of out property.
4) Signed letters from out 2 flatmates stating that we are reliable
flatmates.

Basically my husband came to uk in 2001 when he was 16, he had no passport and no family etc and told by socail worker to make a asylum application, but it was refused in 2004.

I am confused. How did your husband enter the UK? Was he staying here illegally before he applied for asylum? And if so, how can he provide bank statements from the last 12 months if he was here illegally?

No, he was only 15 when he was brought to the UK by another man from his country, but the man abandoned him when they arrived in uk and he was left with no passport or anything.
He then submitted an asylum application, and he was given a travel document and NI card etc and permission to stay & work here whilst his applicaton was being processed.
He started working and openened a bank etc account then.
However in Dec 2003 he recd a letter informing him that his asylum application was refused.
He put in an apeal, although as we got married in May 2004 we were told there was not much point in continuing with the apeal and instead to submit a spouse application and withdraw the appeal - which we did.
Up till now they have still not made a desision and we are wondering if its quicker if we both go to Cameroons and he applys from there... only problem is he doesnt have a passport..?!

only problem is he doesnt have a passport..?!

There are 2ways of getting out of UK and apply for spouse visa in cameroon.
first one is legal way that is he has to go to his countries embassy in UK and apply for identification documents to travel one way to his country.
The second one is more of illegal but if you prepared then you can take the chance. Its not recommended. Apply for a passport in cameroon by his family member and DHL it to UK, then he can travel back to his country and apply your spouse visa on the same passport. He might face problem when he arrives in his country as it won't have any departure stamp on it.

To apply spouse visa he needs to prepare a evidence folder with all the necessary documents clearly labeled and neatly documented.

Thank you very much for this info Eliasuk.
We have contacted the Cameroon Embassy and have been told they they can make an ID document for him to travel back to Cameroons.
Do you know if this document will cause any problems when arriving in his country - getting through immigration etc?
Also do you believe that going back to cameroons to re-apply would be the best and quickest way to get his spouse visa granted?
Bearing in mind that we got married in May 2004, submitted our application to HO in June 2004 and havent heard anything so far.
Also would the fact that he was a failed asylum seeker in uk before hold up his application being processed in Cameroons?

No, he was only 15 when he was brought to the UK by another man from his country, but the man abandoned him when they arrived in uk and he was left with no passport or anything.

Wow, this sounds very similar to my husbands situation. My husband had just turned 17 when he came to the UK. Like your husband, he was brought here by another man from his counry, abandoned at the airport when they arrived in the UK, and was left with no passport or documents. The man just simply walked off and he never saw him again.

Up till now they have still not made a desision and we are wondering if its quicker if we both go to Cameroons and he applys from there... only problem is he doesnt have a passport..?!

It might be worth checking the British High Commisson website for Cameroons to see how long it is taking to process spouse visa applications. This would give you and idea. Some people say that it is quicker to go abroad and apply from there. Regarding your passport, go to the embassy with your husband and get a travel document. This is what my husband did, bearing in mind that your husband and mine are in the same position. Once he has the travel document, he can then make his way to Cameroons and submitt his application.

Do you know if this document will cause any problems when arriving in his country - getting through immigration etc?

I can speak from experience here. My husband and I went back to Pakistan to apply for his visa. When we arrived at Heathrow with the travel document which we obtained from the Pakistani embassy, we were stopped at the embarkement point at Immigration. My husband was asked about his passport, questioned for 10 mintues max and finger prints were taken. Not everyone gets stopped, but some do. Be prepared! Take any correspondance you have from the home office with you to say that your husband has tried to apply for asylum here in this country with not success and that it is your intention to leave the UK with him and he will be applying for his spouse visa abroad.

As for getting through immigration in his own country, well I don't know about Cameroon but my husband was questioned by immigration in Islamabad Airport because he had a travel document. He explained everything, including how he arrived in the UK, how long he stayed etc and immigration let him go after an hour of questioning.

Unfotunately cher44 the only way out of the country is by obtaining a travel document if he doesn't have a passport. All that will happen here is that they may question him and take his finger prints on the way out of the country but I am not sure what the situation will be when he arrives at the immigration point in Cameroon.








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Do you know if this document will cause any problems when arriving in his country - getting through immigration etc?
Also do you believe that going back to cameroons to re-apply would be the best and quickest way to get his spouse visa granted?
Bearing in mind that we got married in May 2004, submitted our application to HO in June 2004 and havent heard anything so far.
Also would the fact that he was a failed asylum seeker in uk before hold up his application being processed in Cameroons?

He might face some problem when he returns home but I don't think it will be too serious as he can say that he was in UK and lost his passport so he had to got a duplicate one.

I think you have very little option other than going back and applying but I think instead of appealing to the Home Office and later get rejected its best to do it now(going back and applying) then later moreover it takes ages to even get a reply from HO.

About him being a failed asylum seekerin UK before- I was asylum seeker myself. Please read through my experience: http://www.immigrationboards.com/viewtopic.php?t=12301

eliasuk4u what is the difference between applying for asylum and regularising your status when you were previously illegal?