Visa application withdrawal.

[sassh]

I came to the UK in 2003 on a visitors visa visiting my now hubby. Just before it ran out applied for

student visa which was denied but unfortunately overstayed. In 2005 got married to my hubby and in 2006

we applied for FLR(O) my hubby is now a British citizen and work a civil Servant here in the UK. A few

months ago went to see a solicitor for advice concerning the above he advised us to withdraw the

application and go to our own country to apply for Entry clearance before 1st of October. We did that but

the problem was my passport expired in Feb this year while at the home office so we did request them if

they could send it for renewal or they could send it to us so that we could renew before I travel but instead

they said they are going to prepare travel documents which is okay with us but the problem is they send

me lots of forms 1S151A,1S151A part 2, 1S96 and 1S101 to sing and return now I am worried because I

am all ready to go but the above seem to be taking time and on the forms there are restrictions which

means I could look like I am being deported yet I was going to leave voluntarily, people what do you

think I should do, did I make a mistake by withdrawing my application, what are the chances that I will

be given a visa when I eventually go?. Please help.

[Frontier Mole]

Do NOT bother with UKBA and certainly do not get involved with the travel doc's. That is UKBA speak for removal!

I do not know what country you are from but go to the Embassy or what ever and get an ETD - emergency travel document and leave ASAP.

All the documents they have issued to date are the various bits of paperwork to declare you as an illegal and allow them to remove you. If you have reporting instructions - you must follow them BUT get out of the UK as fast as you can under your own steam. There are only 24 days left and I can assure you it will take more time than that for them to organise the ETD themselves and remove you.

There are concessions as you are married thus a family member but whatever you do - avoid removal!

Two other points:
What type of wedding did you have?
Withdrawing the application was a good thing - you would not have had the application granted in any event and you will get your money back.

[sassh]

Thanks so much Mole you have been of great help. I am from Kenya, i

did try to contact the Kenyan Embassy two weeks ago about TD but they

said they needed evidence of where my passport is. Will try to go there in

person and talk to them again ASAP. So if at all they are to give me ETD

what will happen to the other passport? We got married at the registry

office here in the UK.i have got reporting instructions for next week.

[Frontier Mole]

The old passport is of no great consequence - it is out of date. It makes life easier having the old passport to get the new passport but that is about it. UKBA will not return the old passport so forget about ever seeing it again.

Get down to the Kenyan HC and start making a BIG fuss about going home and do it on Monday. Do not take no for an answer - demand it, beg for it, do whatever it takes. Just get hold of the ETD and get out of the UK before 1st October.

As for reporting next week - you must report, if you do not you will start the absconder process and will be in a very negative position. Co-operate with the things they ask you to do at the reporting centre but do not sign any waivers. If they ask you to sign something ask what it is. They will take your picture and possibly your finger prints. No doubt they will start to collect your bio-data, full name, where you were born, mother fathers name etc. This is all the basic info they need to get an ETD. It is too early for them to have done anything in the way of getting an ETD even with your old passport to help them out.

The only reason you would not report was if you had managed to leave the country before the reporting day.

There is one concern I have - if you are removable on an "EU letter" then things could move very quickly as they have your old passport to identify you. I do not know if Kenya accepts EU letters for returnees. Anyone out there know?

[sassh]

Thanks I will be traveling before Thursday finally. But the H/O have faxed

Me IS96 (SELF-CHECK-IN), IS101 to sign and fax back but on the 1S96

They have given attention to carrier saying I should be directed to the

Flight and that "The passenger is being removed from UK in accordance to

Paragraph 8 to 14 of schedule 2 immigration Act 1971" and the carrier is

Required to the flight specified. What does this mean I am a bit worried.

[Frontier Mole]

sassh,
Are you still in the UK?
For whatever reason I did not get notification of your new post on the forum.
I hope you up and left and did not have a chance to sign any of the paperwork they faxed you!

[sassh]

Thanks Mole. I left UK that same week before the reporting date,

was not faxed, I was not escorted to the plane. All is well so far I

have submitted my application and I am now waiting for reply. Thanks so

much for your help.

[Frontier Mole]

Well done!

Lets see how it goes. One thing - have you informed UKBA that you left the country? Sounds a bit silly but you should do so. Send a copy of your entry stamp from your passport back into Kenya, a copy of your ticket and / or boarding card. Why bother? Just to prove you left under your own steam and head off any claim that you were removed by them.
It also stops the absconder process that they will have started when you did not turn up for reporting.

I wish you well and keep us updated on your progress.

[sassh]

Hi Mole, I can't even find the right words to express how grateful I am. I

am now back to the UK the visa application went alright and fast. the

decision was made just from the application. Thanks to this immigration

Boards too. Just one thing though it sound a bit silly but just to be sure,

on my Visa they haven't anything about whether i am allowed to work, if I

do will I be breaking any law.

Thanks.

[SMOOTH OPERATOR]

You are allowed to work it will only say no recourse to public funds
Congratulations

[Frontier Mole]

Well done!

Assuming you have a spouse visa - yes you can work BUT why tell him that

Welcome back and I wish you well for the future.