Spouse Visa

[littleman]

jion

[Wanderer]

Difficult one.

In today's climate I'd say the only chance is to lie, cos he won't get a visa based on the truth, fake passport is uber-serious criminal offence in the immigration stakes.

But, I wouldn't advise anyone to lie, dishonesty begets dishonesty, and the spectre of the police coming-a-knocking and a forced removal is not a place I'd like to be.

I dunno what to say, his transgression will mean either no UK visa ever, or removal and no UK visa ever, so sometimes you have to pay the price, there is no get of jail free card, and take it on chin.

[aka189]

Hi,

It's very difficult to say whether your fiancee should lie or not. I can say if he get out of UK without any trouble then it will be better for him to lie on a fresh application as home office won't have any info about his original identity.

But let me tell you this also, ECOs are very fussy at times, if you lie in the application and they found it out then they'll say that because you lied you're not reliable and will refuse the application. And if you tell the truth then they'll say that because you broke the rule in the past, you're not reliable and they'll refuse the application.

So I think by telling the truth he will definitely be refused but he can get away with the application if he can get out to his home country without being caught.

[John]

How do we go about the information requested on the VAF form?

Very simple really, you ensure that the form is completed accurately and truthfully! Don't even think about doing anything else.

Just think about it ... the form is completely inaccurately .... thus a visa might be issued fraudulently .... whenever, possibly years later, the lies are discovered ..... highly likely the visa, subsequent visas, and even Naturalisation, might all be revoked. Do you really want to be living in continual fear for the rest of your lives?

aka189, it could be argued that only your fiancé has currently broken the law. However if you supply evidence used in a fraudulent visa application, you too would be a criminal. So come on here, don't make matters worse than they already are.

Worse case ... truthful spouse visa application made ..... gets turned down .... you appeal ... and might just win that appeal ..... or alternatively you go and live and work for a few months in another EU country ..... France, Spain, Italy etc etc ..... get your husband a permit to live with you there ..... then after a few months use the Surinder Singh path to getting him a UK-issued EEA Family Permit using EU law.

[luky-marina]

[quote="littleman"]
1. He's here illegally and
2. working on someone elses NI Number.
3. He used a student visa to enter the country on a
4. fake passport.
5. my fiance is insisting on lying in the application saying we met through his mum when she was here in Uk visiting family. I then met him through her./quote]

Are you sure he's telling the truth when saying "I love you"? He's such a skillful lier...

[littleman]

Thank you all for your comments.

I think that there are important points made about looking over our shoulders for the rest of our lives! But it's convincing my fiance of that. Also I forgot to mention (how i dont know coz its a biggy)...a friend of ours is an entry officer at an airport. He found out about my fiance and had to report him to his manager/immigration. This was over 1 year ago now and there havent been any knocks at the door....which i know doesn't mean they're not onto his case. But my friend said that immigration really dont know their left from their right so its more than likely if they haven't picked him up by now then they prob wont.

He will be able to go back to his home country without any problems.

In terms of him being a liar and the whole dihonesty thing...I see your point, but because there is a very good and valid reason why his journey started out like this and he is making a mends to try and make things right...it's just working out how.

We just want to be together and live a 'normal' life.

Thanks for the suggestion about going via another country, but i have a son and work full time here...it would be impossible.

(sorry i havent quoted anyone...havent quite worked out how yet). I feel like we need some kind of miracle [/quote]

[littleman]

i'd also like to ask what constitutes a fake passport. I think maybe i used the wrong word? he went through the correct process to get a passport in his home country, but it is in a diff name/DOB etc. Is that fake?

[John]

That, to me, sounds like a real passport, being held and used wrongly by the incorrect person. That sounds like it is highly likely to be a criminal offence in his own country.

No wonder the UK has introduced biometric checks for visas!

[littleman]

that passport has now been destroyed, which is a good thing. he's flying back in 2 weeks so hopefully we'll find a way of starting a fresh