Got One Stop Warning

[lunaluna]

hi,
few days ago, on my wedding day Home Office arrested my husband after asking us both lots of questions about our relationship.
it was quite a suprise for me because our relationship is completely real and honest.

what was even more surprising, after officers told me they believe me i love my husband and they are arresting him only because they think he planned all this wedding just to get visa, they gave me lots of documents, including ONE STOP WARNING for me.

what does it means? will i be deported? please help me! i want to stay i uk and get my husband out of detention so we can get married!
i don't know why i got one stop warning, i didn't do anything wrong. they didn't arrest me.

i'm polish, i'm living and working here legally. my husband is algerian, he came here with passport and visa but now his visa is expired. we got married in islamic centre before.

i'm very stressed because he is still in removal centre and i don't know what to do with my ONE STOP WARNING!
i'm going to solicitor on tuesday, but if someone on here know more about one stop warning notice, please share!

[Amber]

A one stop notice is served
under s.120 of the 2002 Act. It's gives the person opportunity to state why they wish to stay in the UK. It's usually for those seeking to leave/enter the UK under immigration rules.

Looks like you were given the notice in error. How long have you known your partner how long have you been in the UK?

[Obie]

I dont know why you were given a one stop warning, as you are in EU citizen exercising treaty rights in the UK.

Perhaps they want to invoke regulation 21(B)(1)(c) to your case. You should fight it tooth and nail.

They want to consider all factors before deciding on whether to remove you in accordance with that provision.

[lunaluna]

A one stop notice is served
under s.120 of the 2002 Act. It's gives the person opportunity to state why they wish to stay in the UK. It's usually for those seeking to leave/enter the UK under immigration rules.

Looks like you were given the notice in error. How long have you known your partner how long have you been in the UK?

thank you for answers!
i hope it was an error or something they gave me to scare me. they gave me those papers straight away after they told me they're going to arrest my husband.
the strange thing is they told me 'we believe you that your marriage is for right reasons but we don't believe in his reasons' and then they gave me this warning. why? is it beause they think i wanted to get into marrige of convenience ?
i'm really worried about his and mine situation now

we are together for 15 months. i came to uk november 2012

[Amber]

Yes they suspect a sham marriage. You say husband but you're not yet married, are you? Gather all your evidence of a subsisting relationship to rebut their allegations.

[lunaluna]

i don't know what else i could have told them to convince them we are real loving couple.
they even asked me to unlock my phone and they were checking our pictures.

we are not married officially (yet) but in october 2013 we had ceremony in islamic centre. and from that time we are wearing our wedding rings.

we just wanted to get married in registry, so we could truly say we are husband and wife, have our big day, celebrate with family and friends, and of course with time (after my husband will get all his papers, visa etc.) start to enjoy our life completly carefree (he can find a job, we can go abroad.)

but now because of those unproffesional people we have to waste our time, nerves and money on solicitors and i'm stil not sure if they will let him out or deport him.

and i just don't have an idea what to do with this unfair one step warning.

[Amber]

Has he been detained?

Shariah marriage means nothing I'm afraid, it's not recognised in the UK.

[Obie]

If your husband had overstayed, and you had been in a relationship for 4 years, then you could have applied as a durable partner to regularise his status. Whiles the application is been processed, you could have then got married in a civil setting. This could have saved you a lot of hassle.

The sensible option now is to make an application for Residence Card as a Durable PArtner, get him out of detention, and then hopefully get married again.

[Amber]

Might struggle with durable relationship with a 15 month relationship.

[lunaluna]

Has he been detained?

Shariah marriage means nothing I'm afraid, it's not recognised in the UK.

yes, he is in detention centre now. his solicitor will apply for bail soon,

i am aware of the fact that marriage in islamic centre doesn't prove anything for officials. but they asked about that as well actually.

[Obie]

I don't know where i saw four year, but in any event, i have said it before and will repeat it again.

A Durable Relationship is an EU law concept. Cannot be defined by national rules. Memberstates cannot demand that a relations should have existed for a period before it can be considered as durable.

Notwithstanding the above, an application would have ensured that the wedding went on without disruption, as it could not have been contended that there is no outstanding application pending.

[Amber]

Indeed, however, the decision maker will consider such things as length of cohabitation, joint finances, whether the couple have any children etc... They may have been together for 15 months, but what proof did they have? It is far from certain that a durable relationship existed and there was no certainty of success. We also don't know what information the UKVI have, no offence but the fiancé could have had two previous EEA partners that he tried to marry (no offence to the OP). It sounds like the UKVI may have more information than the OP knows about. Of course, I'm being impartial here.

[lunaluna]

thank you all for your replies.

my next question is: do you think it will be hard for me to convince them to let me stay in uk if i got this one step warning notice on my wedding?