my husband has been refused leave to remain PLS HELP

PLEASE SOMEBODY HELP.My husband has been here since jan 2008.He first came here on a student visa.We met each other in September 2008 and moved in together in Jan 2009.He sent off his visa application for further student visa.This was refused as they said the college was false.This certainly was not the case as we went together and registered and paid the fee's.We have now had to involve the poliice regarding that.By this time we had been engaged for a while and decided to marry.We applied for a COA but the church we planned to marry in did not require this so we went ahead and married.We sent off the application with all the documents and another £485 i might add.We heard back yesturday it had be refused on the grounds my husband was here without a valid visa for just over a year,even though during this time we had sent 3 different visa applications.They said in the refusal letter that they are happy we are together and its not a false marrage and they are satisfied that i earn enough without public funds but they said because of the college problem from the previous student visa application and lack of valid visa he must leave the country.What do we do.They are also aware i am pregnant with my husbands baby and i have a child from a previous marrage.How can this happen.We have done everything legal and in the right way so we thought and it has cost us alot of money.The stress is really starting to affect me now , i cant eat or sleep at the thought of my husband being deported.Im sure he must have some rights,the fact his wife and child are here and the fact we are married and married in the uk.They suggested he return home and re-apply for a visa,not only will this cost me flights and another £600 for a visa plus living expenses out there as all his family are in the USA but u also aint guarenteed a visa.I have seen this many times b4,ppl go home being told they can get back in but when the british embassy see u were an overstayer u aint got a chance in hell!i have seen this with my own eyes.Please someone what do we o.We are going to see a solictor and want to involve my local MP but of course at the mo we have elections,which is making it harder.My husband just wants to be legal,unlike many others in this country.PLS CAN SOMEONE ADVICE ME ON WHAT TO DO!
thanks

unfortunately you have to follow the laws and he must return and apply for a spousal visa from his home country. There have been many people in your situation and it's very difficult but it will make it much easier on both of you if he applies from home.

Also there should be no reason as to why they would reject him as overstay doesn't matter when applying for a spouse visa.

Thanks , was hoping there would be another way.The home office have already had over £1000 out of me in less than a year , so if my husband returns home ill have to pay another £600 for the visa.Its too much really.Thanks for advice
regards

madrasta84 wrote:Thanks , was hoping there would be another way.The home office have already had over £1000 out of me in less than a year , so if my husband returns home ill have to pay another £600 for the visa.Its too much really.Thanks for advice
regards

I know, I feel for you. It's just gross how much they take off of hard working, law abiding citizens for just visa fees.

It is sad you and your partner have to go through this situation. So far as spouse visa is connerned your spouse needs to have a valid visa at the time he made that application or the application is made in his home country. As the situation stands the best chance is to go home and apply from there.It is a tricky situation for the fact that he overstayed his visa.The positive side is you are married and even pregnant.If you can go with him to his home country and apply the better the situation will be.All the best of luck.

Hi thanks for your reply.Its alot of stress at the moment on what to do.I cant go to his country as im pregnant and really dont think it would be a good idea to fly this far gone.The waiting times out there is quite long and i have seen others in the same situation as myself , thier men have gone back home(the gambia) and because they over stayed any visa they apply for from gambia is automatically refused.So its a really hard decision to make.Why should it make a difference where he obtains a visa,as long as he does.The home office have had so much money from us already and with only me working,well its tight.I have forwarded a letter to my mp in the hope someone can help,i have also got a solictor now and hope somehow we can fight the decison.Of course now the Home Office dont aloow appeals-obviously another way to get more money!My husband has no criminal record and when he was allowed to worked and studied so hard.There are so many illegal people here that dont even bother to try and gain a visa,they have been here many years.Sometimes makes you think whats the point being honest.Thank you for taking time to reply to my problem
Regards

I feel your pain as your situation is a carbon copy of what I went through in 2009.
I came to the UK to study for my masters. After my studies, I went on the IGS visa for a year. During that period, I lost touch with the 'immigration world' and just assumed that migration from IGS to PSW was a straightforward progression. Boy was I caught pants down! I couldn't meet the maintenance funds requirement as my account dipped below £800 in one of the 3 months required.
Needless to say, I was refused leave to remain.
I was all along in a relationship with a British citizen and we had made long term plans as to when I'd apply for a spouse visa as, because I was legally resident here, we were in no rush. All that changed when I got refused.
To ensure that I was legally resident here, I took the appeals process to the best possible limit. At a point, we couldn't afford a solicitor so had to represent myself at the final reconsideration tribunal in London. We had paid too much money to various solicitors who sometimes offered us contradictory advice. The senior judge was bemused and felt guilty as my over 7 month pregnant wife was sat by me ( we got married during the appeal stage at the COE). The judge mentioned, that although he was sympathetic towards our plight, there was no error of law in the earlier rulings therefore he could not alter the earlier judgement. He advised that I applied based on Article 8 and also try and get a good solicitor. Already, we'd put in an application for a spouse visa which got turned down by the HO.
No money, baby on the way, nothing. I had sleepless nights, looked dishevelled most of the time, stressed and wondered where it all went wrong?
We used the services of the Immigration Advisory Service to apply for the spouse visa that was refused. The solicitor in charge of our case evaluated our case and offered to represent us at the HO on legal aid. We contacted our local MP who also wrote to the HO.
We managed to get my wife's medical record, retrieved old emails including very explicit ones that showed we were in a true relationship, got letters from friends and my in-laws, tenancy agreements, bills etc. On top of all that, we both wrote a heartfelt letter to The Secretary of State detailing our plight.
When the reconsideration was sent, it took less than 2 weeks for my spouse visa to be granted.
I am happy it came to a happy ending. Our tenacious attitude yielded dividends in the end.
Yes, I was told the same thing by all sorts of people, 'Go back home and apply' but my solicitor at the IAS advised against that because of my pregnant wife and urged us to keep pushing. I couldn't bare not being present at the birth of my first child.
Get a good solicitor (not all of them are competent) and keep holding on. It will all come to a happy ending. I never want to go through that again. It's the worst thing to have ever happened to me so I understand how you feel.
I hope this helps. Good luck.

Do not rely on UNFAIR's success as there may be fundamental differences between your case and his

Do not rely on UNFAIR's success as there may be fundamental differences between your case and his

Mochyn you're right. I'll advise them not to use my case as a benchmark but rather learn a few things from it.

I am only trying to offer them a little ray of hope. I needed it when I was going through mine.

Admittedly, when the stress was getting to me, I was more for going back home and applying from there but there's always that fear of not getting clearance to return.

May be they could draw some inference from the Secretary of State versus Chikwamba case.

Article 8 is another option.

Let's not forget the fact that she is pregnant.

Im so glad to hear a happy ending in these sort of cases.I have heard before by involving MP's helps a great deal.i have got a solictor(a friend of the family - so no rip off fee's) i have also sent a letter to the local mP although i dont know how long he will be in power due to the forthcoming electons.Can you tell he what address you wrote your appeal to the Home Office?I always thought it was croyden but then the refusal letter said Sheffield.Thank you so much for replying and you have given me great hope.Everything is worth a try at least.
So glad your family got through it,its the worst situation i have ever been through.
Regards

My solicitor sent the letters and I don't know where he sent them to. I believe it was sent to Sheffield.

MPs hold occasional 'surgeries' so it might be worthwhile going to see him/her in person. It's always better to have a face-to-face contact. You should do an online search to find out when these 'surgeries' are held.

You need to be able to build a strong case to prove, that marriage and baby were not contingency measures to aid your husband to remain in the country. Get your email, phone communications, letters from friends etc.

Remember, the success of any such application for reconsideration is at the discretion of the HO as it is outside the rules. They could even decide not to send any reply at all as they know your husband has no legal rights.
The UKBA have strong parliamentary backing and sometimes they come across as dictatorial but hey, I don't blame them. They're protecting the borders.

I cannot tell you what to do. Weigh your options carefully and always have a back up plan. I've come to realise, that going back home might be risky but chances are that your husband will get the visa. I think he will get it. The only question is 'when'?

Good luck

Thanks for that.Will try every option and only as a very last resort we will return to gambia to do this.Plus the fact we will ave to payeven more towards the Home Office as the visa's there are £600.My husband has paid over his fair share to the home office and paid tax in this country for a long time.We have so many documents proving how long we have been together plus the fact i already have a daughter from a previous marriage and she see's him as her dad.The Home Office has kept many of these documents and i do not know why!I have sent them a letter requesting them back as we may need them at a later date.They still havent returned my passport or our marriage certificate,dont know what there game is as whether they like it or not we are legally married.Will let you know how we get on anyhow,will wait til after 6th May to contact our new local MP.In the meantime we are seeing our solictor this week.Many thanks again for your reply and i will keep you updated

The Home Office has kept many of these documents and i do not know why!I have sent them a letter requesting them back as we may need them at a later date.They still havent returned my passport or our marriage certificate,

I went through the same thing. My solicitor wrote to them requesting that they sent the documents back but we never heard a word.

I'm not a 100 per cent sure but I'm guessing they retained your documents so that if or when your husband decides to go back home and apply, they'll ask him to go for it at the airport.

Also, it might be a way of disabling him from seeking any employment at all.

Hi well i can understand i suppose regarding the employment.But how many people do you know,especially foreigner,where they can work just with a marriage certificate.Its strange they keeping mine also,because if he is sent back forceably i wont be able to follow.Thats the Home Office's game maybe.Im really starting to hate the lot of them for making our lives so hard.

It is strange that they're keeping yours as well. In my case, all my wife's documents were returned but mine were retained.

I know,i have written a letter requesting them back but i guess if i hear back it wont be for some time yet,and thats if they even bother to reply.I am going to london tomoro,maybe i should pop in and demand them

I know,i have written a letter requesting them back but i guess if i hear back it wont be for some time yet,and thats if they even bother to reply.I am going to london tomoro,maybe i should pop in and demand them

Yeah, go get 'em!

unfair wrote:

Do not rely on UNFAIR's success as there may be fundamental differences between your case and his

Mochyn you're right. I'll advise them not to use my case as a benchmark but rather learn a few things from it.

I am only trying to offer them a little ray of hope. I needed it when I was going through mine.

Admittedly, when the stress was getting to me, I was more for going back home and applying from there but there's always that fear of not getting clearance to return.

May be they could draw some inference from the Secretary of State versus Chikwamba case.

Article 8 is another option.

Let's not forget the fact that she is pregnant.

I would say I support your informed and constructive advice, some people are so quick to erase every little hope available to other people seeking their opinion. Yours was a case of exploring other ways of sorting it out without returning home and pointing out the risks involved as well, which I believe would go a long way in helping her (the OP) to make a decision. Some would speak as if they are the Sec. of state of the HOME DEPARTMENT without even relying on any authority.

Before I made my application (still waiting for a first decision though), a lot people (pessimists) told me stuffs which I ignored and only relied on the advice of those experienced, informed and compassionate members of this forum, who would advice you empathically. ( put themselves in your situation and advise you) and compare their advise to my solicitor's expert advise.

We have all seen or read about other cases, decided on compassionate grounds, may be relying on their article 8 rights or making application outside the rules, though there are risk involved which I think should be pointed when advising other people (dont expect an easy ride). We have also seen or read about lots of people who returned home and never allowed back to the UK or returned after a very long time away from their families. I am not saying is not better to go home, my friend went home and return in 6 weeks but in some special cases like this one with a pregnant MUM.

My solicitor gave me 2 options (going home or making an in-country application) and pointed out all the risks involved in both ways. She allowed me to decide which one is good for me and I choose to stay (after a very serious consideration of the 2 options).

Back to the OP, an application could be made based on article 8 rights or outside the rules as her husband hasn't got any leave to remain. She has spent a lot of money and will still spend more either way (home or abroad). Get a very good immigration solicitor with track records in similar cases and discuss your options.

Good luck

UPDATE-I have now been appointed a barrister , so awaiting what to do next.My solicitor is requesting our documents back and is writing to them to advice we are taking it further.Is sounding promising so far.Will keep you updated on what happens next