Failed to report, will I be detained?

[Nihao0103]

Hello people, well here's a brief summary of what's been going on.

Met my partner in 2006 online whilst gaming, exchanged emails, pictures, he visited and on the second visit in 2007 we decided to get married at the mosque in Argentina.
Long story short, we were misinformed, I was 20, he was 21, we were told by his local Registry office that there should be absolutely no problem in getting married and that I only needed my passport, also my dad and my husband's family stated that I didn't need a visa to come to the UK.
So I arrived on the 1st of April 2007, I wasn't questioned as other people may have been, I was just asked how long I was staying for and I showed them my return ticket. We thought it was required to show that to be allowed inside the UK.
I know it sounds hard to believe but at the time we were really young and didn't really know anything about immigration.
I was given a 6 month visa and told to enjoy my stay.
It became complicated when I tried to regularize my status. The word COA came up and we didn't really understand why we needed permission from the government to get married so we just gave up and hoped that some day there would be a way around it. Also it became impossible to open a bank account and I still wonder to this day how other people managed to do that under a visitor's visa. Working was out of the question as my visa said that I wasn't allowed to work so it was just my partner working to provide for us both.
My visa expired and I found myself helpless and it was starting to bring more and more problems in the long run. We would often receive financial help from my father which had to be transferred to my husband as I couldn't receive it due to not having a bank account.
In may 2008 my father in law committed suicide by hanging himself. Since then my husband has suffered from long lasting depressive periods but he refused to seek professional help when I suggested it.
He struggled to keep his jobs, I would often have to encourage him and help him prior to any interviews he had as in what to say, how to answer questions, helped him out with tests to be taken online, etc.
I was basically sorting everything out for him on a daily basis, and I enjoyed doing that because after all he's my husband and I love him.
In November 2013 he started displaying symptoms of psychosis which became gradually worse and at the same time my mother had passed away. Once again, I found myself lost, helpless and hopeless.
His psychosis became so bad that I feared he would do something to harm himself so I had no choice but to take him to the hospital.
He was sectioned under section 2 of the mental health act and stayed in the hospital for a period of almost 4 weeks.
I would visit him daily, bring him food, chocolates, I managed to arrange for him to be transferred to Harrow which is closer to my mother in law's house so she would also have the possibility of visiting him as we live in the Northwest.
He was discharged on the 5th of December after being diagnosed with Schizophrenia, came home and was doing a great recovery. Every night I would put a comedy on for us to watch after taking his medication so he would be relaxed by the time he felt like going to sleep.
We were making arrangements to travel to Harrow to view a flat that my mother in law had recommended just so we would live closer to them. We had the tickets booked for the 28th of January 2014
On that day, we were woken up by loud bangs on the door, it was immigration, they didn't give us time to open the door, they simply broke in.
I begged them repeatedly not to take me because my husband suffered from Schizophrenia, that I would comply with any conditions imposed but they simply refused to listen, they arrested me and left my husband in shock.
I was transferred to Yarl's Wood IRC after spending the whole day in a police cell. I insisted that I had the right to make a phone call so they let me ring my husband from the police station to let him know what was happening. He managed to get to his mum's house safely which was what I was worried about since he was in a bad state when I left.
I was handed a ticket, but I had a lawyer which my father is currently paying for and she managed to get my ticket cancelled by submitting a judicial review with injunction.
I was also released on bail, with my husband being the only surety I had.
I submitted an application for FLR based on private life as suggested by my lawyer who made negotiations with the Treasury Solicitor in exchange of withdrawing my judicial review.
It was refused on the basis that basically I had no bills under my name (again, I have no bank account and the only thing I managed to have under my name was the gas because we switched to prepayment and I never registered with a GP because I considered that I was abusing the system by doing so) and my landlord and friends who have known me for several years refused to provide with letters to back me up. Needless to say that the neighbors refused to speak to me at all after the immigration incident. I was given an in country right of appeal which I went ahead with because I didn't have an alternative.
I never missed a reporting date until september which is when my husband's symptoms of psychosis started coming back.
He stopped taking his medication while I was in detention and when I was released he told me he felt better now that I was back home.
I trained myself regarding psychosis and Schizophrenia so I was able to spot the symptoms with sleep disturbances being the most alarming sign along with becoming withdrawn, staring at the wall or the floor and not talking much.
I begged and begged him over and over to start taking his medication again, to seek professional help. He kept on insisting he was fine, that he did not have a mental illness and that he didn't need any pills.
I kept ringing the Mental Health Team but there was nothing they could do as he would refuse to go to the GP to get a proper referral which he refused to do in the past when he was discharged.
I had no choice but to let my solicitor know that I couldn't report because my husband wasn't well and refused to go out or take me to report as he feared I was going to be detained again. I gave her the relevant numbers to ring to obtain evidence that concerns were raised.
Finally after a couple of days he agreed to start taking his medication again. Luckily I still had some Olanzapine left as well as depakote. He agreed to see the out of hours GP to get a proper prescription and he was later on referred to the Mental Health Team by his GP.
He improved after 2 days of starting his Olanzapine and Depakote. The Olanzapine stopped the psychosis which was good and he was sleeping like a baby again. But after a few days, he stopped taking his depakote because, don't get me wrong but I have to agree, the side effects were horrific.
He developed severe anxiety and became extremely paranoid. He kept on panicking about immigration coming to the house again, blamed them for everything that was happening to him, among other things.
Finally, after ringing several times, we got an appointment to see a Psychiatrist.
We went together, he was skeptical at first but became more relaxed as the psychiatrist was very welcoming.
He spent a good 2 hours talking to him, and he increased the olanzapine dose from 15mg to 20mg which is the maximum dosage. He referred him to Early Intervention. But after a day or so his anxiety worsened to the point he could not sleep properly, would have nightmares every time he would go to sleep, he would be panicking and had several panic attacks in one day. I was advised by the Crisis team to get a prescription from an out of hours GP for something to help him cope with anxiety for the weekend.
He was prescribed Diazepam, also known as Valium three times a day.
Monday came and it was unbearable for him, he was extremely suicidal, he couldn't eat anymore as he felt sick all the time, was always worried that immigration would detain me so I had no choice but to call an ambulance and notify the mental health team of the circumstances.
Up until this point, I had been unable to report thinking that my lawyer was sorting everything out and as I never received any notification of when I should report next I continued caring for my husband.
He was admitted to the Mental Ward and was warned that if he tried to discharge himself he would be detained.
He admitted that he needed help and was desperate to get better.
I would go to see him every single day, bring him food, his family were unaware of it since they don't believe in mental illness at all and he didn't want his mum to know as she suffers from high blood pressure, heart disease and diabetes.
He spent a total of 17 days there, I had to manage everything on my own, again, pay the landlord, bills, etc.
I would attend all the meetings with the psychiatrist, nurses and mental health team and would participate on his treatment and expressed my opinion regarding alternatives to depakote.
He was discharged on the 23rd of October, on his birthday, diagnosed with Schizoaffective bipolar disorder and severe depression with psychotic symptoms having gone into remission.
It has been a very very long battle which still hasn't come to an end, my husband is enduring mental illness and it's extremely difficult for him to even get out of bed every day. He's also got a community psychiatric nurse who comes to see him on a weekly basis. He's currently applying for PIP as he cannot cope with daily life as well as he used to. It's difficult for him to even get a shower, requires prompting from me to at least look after himself but I never gave up hope and I understand that it will take him a very long time to recover from his episodes.
I received my notice of hearing dated for december this year, I was hoping it would take longer for them to issue me with one but oh well, nothing that can be done about it. My husband insists in attending the hearing but I'm reluctant since I don't know how the Home Office will question him or what kind of questions they will ask him. After his psychotic episode and due to the medication he's on at the moment (olanzapine and lithium for his bipolar disorder) his memory is often affected.
We have provided with some pictures that we had taken over the years (we have always been camera shy because we are both overweight), letters from his mum, his brother, the Argentinian ambassador, a letter from the registration office stating that we both attended appointments to give notice of marriage but unfortunately I never had the correct documentation due to errors made by my embassy, along with medical evidence of his health and a marriage certificate issued by the mosque in argentina as well as evidence of my father transferring money over the years and well, they can question me as much as they like since it will be obvious that we are a genuine couple and our relationship is subsisting.
Unfortunately, I was oblivious to the fact that I was supposed to keep on reporting even though no letters or faxes were sent regarding when I should have reported. I received a notice from the Home Office asking me to report on monday. I explained to them on the phone that I just didn't know, I explained the whole situation and she seemed understanding, however, I don't know what to expect since I missed a total of approximately 4 appointments. I made it clear that I didn't know anything and I was overloaded with responsibilities and I did not intend to fail to report at all.
I don't know how my hearing will go, I don't think they will allow me to appeal or perhaps they will, but my question is, can they detain me when I go to report given the fact that I have a pending hearing?
I have some of the medical evidence with me which I will be taking, my husband is also ready to give a statement when I go to report.
My husband is very scared of what will happen but I keep re-assuring him that nothing will happen even though I'm unsure myself although my lawyer said they will not detain me as I have permission to stay in the UK while my application and appeals are ongoing.
My husband doesn't cope well with stress and I don't want this to end in tragedy like it happened in 2008.
Oh and I forgot to mention that he wouldn't be able to live in Argentina as he does not speak the language, it's an extremely dangerous country (my own family are trying to migrate), and he requires treatment which he will not have access to in Argentina given the poor quality of healthcare over there, needless to say that the majority does not speak English. Also it would have a negative impact being separated from his family as he's very attached to his mum and it would also have a negative impact on her health should her son be forced to live in South America.
Another thing to point out is that he is extremely sensitive and sentimental, I reckon that has got to do with his bipolar disorder.
The country is in default, I would be unable to get a job to provide for both of us.
I would appreciate if anyone could advise me on what to do regarding my reporting on Monday and how to deal with the situation and also what kind of questions me and my husband will be asked at the hearing and what to do in case Home Office goes rampant interrogating him.
Thanks in advance xx

[vinny]

So sorry to hear about all your problems.

Is your solicitor going with you on Monday?

See also ILPA Challenging Immigration Detention A Best Practice Guide.
Your lawyer is probably correct. If you have a court schedule in December, then it's unlikely that you are subject to removal.
If they haven't threaten you with removal, then I think it's unlikely that they will detain you.
If they threaten you with removal, then see also Obie's advice.

Perhaps Buddhist monks may be able to help your partner.

Some talks:
Depression
Buddhism And Mental Illness
Mental Suffering
No Fear

Some temples:

Chithurst
Amaravati
Harnham
Hartridge

[vinny]

Perhaps IA464152013 [2014] UKAITUR IA464152013 (17 June 2014) might help.

[Ifemi]

So so sorry to hear about dis, dis really touched my heart, don't worry u will be fine, they won't detain u. Am an asylum seeker and I have been signing close to 7 years now for every 2 weeks, is not been easy and have got 3 children, pls don't stress urself too much, just pray and commit everything to God.

[Obie]

Me too. Sorry to about the extreme difficulties you have faced over the months.

I don't think they will detain you, as removal Is not imminent, you pose no risk to the UK, don't have a criminal record and has a partner who is unwell. Section 78 as Vinny pointed will confer protection against removal. However, I must say, it does not necessarily confer protection against detention.

Try and provide medical report of the situation and ask if the frequency of your reporting could be varied in light of your care duties .

Provided you can show that you have been in a relationship akin to marriage for 2 years, I believe the courts will have no difficulty in concluding that EX 1 (B) is met.

You case may even engage the EEA regulation in regards to Adult carers for British Citizen, due to the increased risk of Suicide in your absence.

[Nihao0103]

Wow thank you very much everyone, I will have to ask the reporting officer to change the time I have to report because my husband is on olanzapine and he sleeps quite a lot and if he doesn't get his 14 hours of sleep he feels like a zombie.
Do you guys know what I should expect at the court hearing as in questioning?
Once again thanks a lot for the replies, means a lot to me that someone bothered to read my post xx

[kafuffle]

I am overwhelmed by the story you tell. I am so very sorry for what you and your husband are enduring. I have also been under extreme stress while going through this immigration maze. Please continue to access this forum. I would not have survived without the help I have had here. It is invaluable.

Please keep us updated. I will watch to see how you are doing. My very best wishes to you both.

[Obie]

Wow thank you very much everyone, I will have to ask the reporting officer to change the time I have to report because my husband is on olanzapine and he sleeps quite a lot and if he doesn't get his 14 hours of sleep he feels like a zombie.
Do you guys know what I should expect at the court hearing as in questioning?
Once again thanks a lot for the replies, means a lot to me that someone bothered to read my post xx

I believe you solicitors could write a letter detailing the circumstances, and asking for the conditions of your reporting to be varied.

I must say you not reporting without calling them, does not help, but i am hopeful they will understand. Try backing it with medical letter.

It is my view that the tribunal will have no difficulty in concluding that there will be an insurmountable obstacle to your partner accompanying you to your home country.

I am of the opinion, that a reasonable tribunal will allow your appeal.

[Nihao0103]

Thank you very much everyone for your replies, I have to say I'm overwhelmed by the situation but I don't give up.
I went to report on Monday taking my husband with me, I apologised to the officer and she was fine with it. She's really nice and understanding but she did say I need to keep my reporting up.
The problem I'm facing now is, despite the several years that we spent together, I have no bills under my name and the landlord refuses to put my name on the tenancy agreement or write a letter even though I have been paying the rent and we have been good tenants.
He takes cash in hand only, refuses to give us a receipt and doesn't want us to put the money in his bank. The tenancy agreement is under my husband's name and it's only a photocopy. I wonder what he's been showing to the council when it comes to LHA since he never obtained a signature from my husband to renew the contract.
In April this year the neighbors' children were playing on the street and they broke two of our windows. We tried to speak to them and they refused to accept that their children caused substantial damage to the property. The landlord told us to leave it and promised to put double glazing. He only boarded the windows up and never bothered again. The back windows are also cracked, they have always been and he promised to changed them. It's been over 5 years and he never did anything. He charged us so much money before when Immigration broke into our house saying that he had to conduct an inspection, secure the door and the bill for a blocked drain which was a pre-existing problem increased from a simple £50 to almost £300 saying that there were call-out charges involved by the plumber.
The plumber didn't actually fix the problem, United Utilities did. They stated that there was a major blockage underground that had been going on for a while.
He's charging us £85 weekly for the rent for a 2 bed house in Nelson when it should be a lot less since the property does not have double glazing. The backyard door is broken, he never secured it and people get in and used the broken outside toilet, throw rubbish in our garden and with that being said, the back window having a massive crack makes the property really unsafe.
My husband's community psychiatric nurse stated that we should ask the landlord to reduce the rent because the windows are boarded up. He ignored our request. We are now searching for another property to rent for less than what we pay here. We submitted an application under my husband's name since I was told I can't apply as I have no national insurance number, I'm not entitled to work or any kind of benefit. We received a call today from the agents saying the landlord refused to give a reference and they will come to see the house. I'm not sure why but my guess is that they're doing it to see whether we are good tenants or not.
With all those problems, I have my hearing date set for the 15th of December, I don't know how they will judge everything since I have no written evidence, aside from 2 or 3 letters, some pictures, our muslim marriage certificate, copies of our passports stamps of visits, my husband's medical evidence, money transfers done by my father throughout the years under my husband's name, email conversations prior to our marriage and a letter from the Registration Office confirming we have made appointments to give notice of marriage.
Our last shot will be obviously our oral evidence where they will judge our credibility.
Back when I was in detention, when removal directions were given, the judge stated that I couldn't be removed because it was out of the norm in accordance with the Art. 8 given the fact of my husband's medical condition.
I'm hoping, once again, that despite the lack of evidence, they understand that I couldn't obtain it being illegally in the UK which puts obstacles such as obtaining a bank account in order to set up direct debits. I can't even add my name to my husband's bank account or to the council tax bill as I have no NI.
What are your views on this matter?