pregnant and alone

[xhesika]

I wondered if anybody could help me, I will give a brief description of the circumstances and hopefully somebody can give me a bit of light!

I am BRITISH, married to an ALBANIAN citizen for 3.5years

We have been in a relationship for 5.5 years(we met january 2003)

Husband was removed from UK 2004 after overstaying, complicated reasons why, some his fault and some not.

Applied for visit visa in 2004 for my husband to attend my late 23year old sisters funeral- it was refused.

We married in albania in 2005.

Applied for visit visa again in 2005 for my husband to attend my sisters memorial-it was refused.

2007 gave up on the UK system and lived together in Greece for 10months.

I had a stroke so had to come back to UK, Applied for settlement visa in Athens as husband has Greek residence permit (2years)-it was refused

went back to Greece at the start of this year, had a job in a beach bar, found out I was pregnant so on doctors advice had to stop.

Husband is currently in Greece, I am back in UK and 3.5months pregnant.

Husbands EU family permit currently being processed which IS legal as the law states Im entitled to leave him if I must for pregnancy.

How can my husband enjoy the pregnancy with me ? does anyone know the best option or path we should follow to be able to spend our life together not apart?

ANY help is greatly appreciated.

[myrlabelle]

hi there!
i totally understand you as i am somehow in the same position (35 weeks pregers)
why don't you two apply for a spouse visa?
http://www.ukba.homeoffice.gov.uk/sitec ... r/formflrm
this is the form you should fill out.
Get a lawyer if necessary and discuss you options.
best of luck hun

[thsths]

Husbands EU family permit currently being processed which IS legal as the law states Im entitled to leave him if I must for pregnancy.

How can my husband enjoy the pregnancy with me?

He should qualify for an EEA Family Permit under the Surinder Singh ruling. Check http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary for the details. It sounds like they will require proof that he is legally in Greece, although you can probably appeal that if necessary.

[jei2]

What were the actual grounds for refusal?

[xhesika]

hi, thank you all for your replies.

If it was that easy "just" applying for a spouse visa, we would of done it hundreds of times but 2 failed visit visas and 1 failed marriage visa is enough times to be refused,money doesn't grow on trees and hearts don't heal themselves.

My doctor has told me today Im not fit for work, BUT hell I MUST go to work for my husbands visa to have the skinniest chance of success, unfair to be honest as disabled, incapacitated, ill, pregnant or sick people should be entitled to love happiness and a family life....any ideas what to do?

NOW I'm asking the advice of a knowledgeble person as to what is best.

The reason for 1st visit refusal was to do with my age (i was just 16 and had no stable income+we werent married) Although this visa was to attend my 23yr old sisters funeral, not anything to do with us living in uk, my mother wrote letters of support and sent good bank statements etc.

The second visit visa was to attend my sisters memorial, the same reasons for refusal as above, although we were married at this time and it would of been my mother inviting him, which aparently is not ok.

The reason for the refusal of the spouse visa was

A: accomodation was not our own (mum was renting a 2 bed house) (how can I rent a house AND live in greece at the same time????)

B: mum's bank statements were overdrawn on average at least once a month (THIS is rubbish,my mums bank statements have never shown her to be overdrawn.)

C: the savings in our joint bank in Greece apparently weren't available to us if we needed them, basically they said it was borrowed money, which it wasn't.

D: The eco said the average earnings of a single person working in the place we were working in greece would only earn €600 maximum per month, whereas our employer confirmed my husband was earning €1100 and me €900 which is the truth (this year my husband earns €1100 plus his employer pays his €300 insurance per month total €1400)

E:Mandatory reason that they do not believe my husband is who he says he is ( funny they never mentioned this in previous 2 applications) He claimed to be mr JOHN SMITH from yugoslavia d.o.b 6.7.80 when he was IN UK but NOW His passport says his full true birth identity JON SMITH 6.7.80 FROM ALBANIA. BUT WHY DIDNT THEY BRING THIS UP IN PREVIOUS REFUSALS I will NEVER know.

please can anyone advise me.?

[xhesika]

Just spoke with my husband, I asked him not to think I'm being stupid but could he get a fake visa or passport, He said yes, he COULD get one for €750, BUT hes not a bad boy anymore, he's a husband and a dad now. (although in my opinion he's hardly the worlds worst criminal using an extra letter in his name and saying he was from yugoslavia so that he could try and make a better life for himself and get away from the bad things he had to see during his life) ANYWAY he said that he is so happy that Im pregnant, stop getting stressed and dont worry we will do what we can do and if he can come here, ok, if not no problem, HE DOESNT understand how hard it is for me living in Greece! Normally its the non-uk citizen pressuring the uk citizen for a visa, its the other was round in this case, I have to keep telling him to pull his finger out and get his papers sorted!

[xhesika]

Can ANYONE help us please?

[PaperPusher]

Are you going to appeal? That seems the best thing to me, but I'm no expert.

The fake visa/passport is an absolutely TERRIBLE idea, and could lead to your husband spending perhaps 18 months in prison, and people do go to prison, and then getting deported, and I mean deported - not removed.

[xhesika]

hey thanks for your reply, we have no right of appeal now, we applied last december. We are not sure how to go about getting a visa or even what visa to apply for a spouse visa ( cost £515) or eea permit (cost £0).

What evidence must you provide when applying for the eea? my bank is empty at the minute as I have been in GREECE with my husband up until last week. I do keep searching for jobs in my area and wonder will a contract of employment and first couple of weeks wage slips be sufficient for the embassy?

Also I am scared to claim a penny from the government ( im pregnant and also had 2 strokes) as my husband will definately be refused a visa if i am state dependant, OK so heres the question, do i have to work full time or would working part time and claiming some top=up possibly income support be ok with regards to the conditions of my husbands visa?
#Naturally I must be careful not to lose our baby and therefore will have to stop working in the last 2months of pregnancy (next feb+march)

As for the fake passport/visa I am going absolutely mad without my husband and I am trying to get all the advice I can get but noone really seems to be able to help, I asked my husband IF he could obtain fake documents as a last resort, My husband is a good man and has refused to seek out the dodgy passport dealers.....and im proud that he has!

any suggestions please?

[thsths]

E:Mandatory reason that they do not believe my husband is who he says he is ( funny they never mentioned this in previous 2 applications) He claimed to be mr JOHN SMITH from yugoslavia d.o.b 6.7.80 when he was IN UK but NOW His passport says his full true birth identity JON SMITH 6.7.80 FROM ALBANIA. BUT WHY DIDNT THEY BRING THIS UP IN PREVIOUS REFUSALS I will NEVER know.

The last point is potentially serious. The H is not really the issue, but the wrong place of birth is fraud. Under UK rules this may be sufficient to refuse a vias.

Have you looked into the Surinder Singh route instead? It is all on the UKBA website: http://www.bia.homeoffice.gov.uk/siteco ... dlaw/ecis/ chapters 2 and 3. As long as you can show that he can get a job in the UK with sufficient income for the two of you, that is really all you need. The immigration history is still a bit tricky, but it should not be a reason for refusal under European law.

And the best part: applications under European law are free.

[jei2]

I suspect there may be some bias where your husband's nationality is concerned.

However your situation is not insurmountable. Even spouses who have been deported having served a prison sentence have had success with entry clearance.

However you need to use the issue of your illness and potential inability to work as a factor of why your husband should be allowed to join you. Point out that without his support you are likely to become a burden on the state and subsequently the British taxpayer.

Your husband should also explain and apologise for any previous wrongdoing and emphasise that it won't happen again.

2 strokes is no joke so you must find ways to reduce your stress. If you haven't provided medical evidence in relation to this do so now.

Your health and that of your baby's is paramount, and you have every right to claim benefit especially at a time like this.

I'd agree that the EEA route appears to be the most feasible route for you.

[jei2]

xhesika,

You might also find this useful for supporting your case.

http://www.bailii.org/uk/cases/UKIAT/2008/00069.html

[xhesika]

Jei2,

Thankyou for your replies, we have been told that my husband can apply through the eea route but isn't that void if Im not working due to health reasons?

Would working part time and claiming top-ups be classed as public funds or would it be acceptable?

(Although I will work, Im currently looking, my mum asked my neurologist on friday if in his opinion I was fit for work and he replied, I would be professionally wrong and somewhat stupid if I said you were fit for any type of work in your condition, I advise you strongly not to work. He was nearly in tears about mine + my husbands sitution and he said he would write letters of support and also medical history to the embassy if he recieved requests from them detailing exactly what they required but couldnt just write one off his own back)

Also do you know anyone who would be willing to take on this case as legal aid, if only for advice?

What benefits can I claim which would not adversely affect my husbands application eea or uk?

What would the embassy say about bank statements?

I am currently waiting for a 1 bed flat to become available, the rent will be paid a few months upfront so this takes the weight off my shoulders for claiming housing benefit etc but what benefits AM I entitled to claim as I have been to the job centre, they seem to know less than myself and noone else I have spoken to is any help.

If my husband WAS to apply for a UK spouse visa, roughly how long would it take for him to obtain the visa?

If my husband was to apply for an EEA visa under the surinder singh rule, how long would it be before he obtained it and what evidence would we need to provide? He currently has a greek permit but could he apply for either of these visas in Albania ( as obviously Albania is not within the eU)?

Thankyou x

[vickivickii]

Jei2,

Thankyou for your replies, we have been told that my husband can apply through the eea route but isn't that void if Im not working due to health reasons?

Would working part time and claiming top-ups be classed as public funds or would it be acceptable?

(Although I will work, Im currently looking, my mum asked my neurologist on friday if in his opinion I was fit for work and he replied, I would be professionally wrong and somewhat stupid if I said you were fit for any type of work in your condition, I advise you strongly not to work. He was nearly in tears about mine + my husbands sitution and he said he would write letters of support and also medical history to the embassy if he recieved requests from them detailing exactly what they required but couldnt just write one off his own back)

Also do you know anyone who would be willing to take on this case as legal aid, if only for advice?

What benefits can I claim which would not adversely affect my husbands application eea or uk?

What would the embassy say about bank statements?

I am currently waiting for a 1 bed flat to become available, the rent will be paid a few months upfront so this takes the weight off my shoulders for claiming housing benefit etc but what benefits AM I entitled to claim as I have been to the job centre, they seem to know less than myself and noone else I have spoken to is any help.

If my husband WAS to apply for a UK spouse visa, roughly how long would it take for him to obtain the visa?

If my husband was to apply for an EEA visa under the surinder singh rule, how long would it be before he obtained it and what evidence would we need to provide? He currently has a greek permit but could he apply for either of these visas in Albania ( as obviously Albania is not within the eU)?

Thankyou x

My husband is albanian, we applied for the visa online on 10th September. We got an email from the embassy 3 days later asking him to take the evidence folder down to the embassy on 22nd september. he went there and they asked him to come back for his interview on 5th november. i've spoken to alot of people and this seems to be the timescale of things at the english embassy in albania at the moment. also, a lot of people are being told whether they got the visa or were refused the same day as the interview.

i wish you all the luck in the world, although i am not pregnant, i understand how it feels to be away from your husband. Adi was removed in July and i didnt see him till early September for 3 weeks and now i'm back in england and won't see him til November.

[xhesika]

hi vicki,
I know how hard it can be to be apart for so long, so I can fully understand how you feel to be away from your husband.thankyou for your good luck wishes, I wish you also the same good luck xxx

my situation has not JUST started, it started in 2003, so this is why it is much harder for me to cope these days, I have literally nearly given up, I have constant headaches, my stomachs in knots 24/7, lawyers charge extorcionate fees and can't afford them being pregnant, unemployed and hubby scraping a living together for the winter as work is seasonal where we live in Greece ALTHOUGH we have come up with another idea for winter, which my husband could find a job, it will not pay as well as his summer job.

My experience in UK since I came back to UK 20th Sept has been appaling, my midwife tells me I'm single, NO IM NOT, I then ask if she knows how I can go about putting my name on the council house list and if she could recommend any GOOD letting agent she asks where I'm living, I explain that and the fact that I have the money for a rented house I just need to find suitable accomodation....

BUt she's having none of it and tells me I am going to be reported to child protection and this is to protect me and baby but dont worry I may get to keep my baby!!!

what kind of person would say something like that when all I did was ASK out of curiosity? Besides, I am married and she has no right to interfere so early on in my pregnancy!

BUT this is another reason it is a good idea for my Hubby to come back, I am not an average 20year old, we have been married since I was nearly 17, together since I was nearly 15, I don't do drugs, I rarely drink alcohol, I don't sleep around and after my visit to my midwife I feel as though it is unfair to be judged like I was, I mean she classes me the same as the 16-20 year olds that get pregnant, don't know the father and then claim benefits for the rest of their lives whilst neglecting their children ( dont think i'm saying every 16-20 year old is like this but this is the opinion of alot of people ).......

I have been viewed as a pregnant single mother ever since I came back, and THIS is wrong BECAUSE i am married and in a loving stable relationship, it is only the law that is separating me and my husband.

FORTUNATELY I know that I and my husband will do our utmost to raise and support our children in a proper way up until the day we die.

The opinions of the midwife DO MATTER as she will be wasting the social workers time, she upset my mum terribly and I was in a bit of a state when I got home, NOT TO MENTION the flying round like a blue mule fly trying to sort out living arrangements as I was scared out of my wits that I was getting a social worker at my door, but now I DO HAVE living arrangements so I will not need the interference of the midwife, NOR the social worker, but I think it is sick and ridiculous to even suggest contacting the social in the first place!

so moan over, my mum has had a little bit of money left to her by my grandad,it shall not be ready for some time but she has said she will be giving me + my husband some of her inheritance.

I am going to see my husband for a while then I will be returning to the uk and renting a house, I will pay 6 months up front, I will be heavily pregnant by this time so cant work, not that there's much available where I live!

I will also have around 4000-6000£ in my bank........is this sufficient finances in order for my husband to apply for a SPOUSE visa without me working due to health reasons+being pregnant? will the embassy state that they do not believe the funds are readily available to us and would it help if we included a copy of my grandfathers death certificate? my name is not on the will but My mum will be spliting the money that she recieves with me????

Jei2 and mods your input would be appreciated.........

[thsths]

I will also have around 4000-6000£ in my bank........is this sufficient finances in order for my husband to apply for a SPOUSE visa without me working due to health reasons+being pregnant?

First of all it is perfectly normal to have a lot of emotions during the pregnancy. The best thing is to find a sympathetic friend who can help you through these times.

And then please look into the Surinder Singh route. It is not only cheaper, but also easier than a spouse visa. It is a slower route to citizenship, but I think in your case that is not the main concern.

[Frontier Mole]

Do not take this the wrong way, I am not noted for my sensitivity on this forum -(TWIN )

Applying for a UK spouse visa.
The chances of success with your husbands history is nil or next to nil. There were a multitude of fake asylum claims from Albanians claiming to be Kosovans. The days are numbered for those who claimed to be from the states of Former Republic of Yugoslavia but who are truly not. More and more are being found out every day. Previously there was little done about those matters, now it is different. There are teams now dedicated to dealing with the fallout from such false claims. Refugee status, ILR & even naturalisation is being revoked due to false claims. I think you can see why UKBA is not going to entertain a spouse visa for a number of years.

Any other EEA route is your best and cheapest option. With your funds and a little guile you could settle in Ireland for a bit and use the Surrinder Singh route as already mentioned. It is the best and surest method to get your husband to the UK.

[sakura]

There are teams now dedicated to dealing with the fallout from such false claims. Refugee status, ILR & even naturalisation is being revoked due to false claims. I think you can see why UKBA is not going to entertain a spouse visa for a number of years.

Is there any public information on this? I'm keen to read more (I have never heard/known of any naturalised citizens getting their British citizenship revoked....there was a case with a ([former?] Rwandan citizen who naturalised as a British citizen but was then found to have [possibly?] taken part in the genocide in the 1990s, but I am not sure if even his citizenship was revoked).

[Frontier Mole]

The only mention is when you look for "Harm & Compliance" in the UKBA site. There are teams all over the place. I have dealt with a couple of naturalisation revokes, Albanians claiming to be Kosovans. The level of evidence is virtually to the criminal standard - beyond all reasonable doubt. So it is based on hard proven facts with irrefutable evidence to support. Birth certificates, family records, ID cards, marriage certificates are gathered from Albania. After that it is all down hill. There is a specific team that deals with ILR and naturalisation revokes outside of criminal deports.

They get caught in a number of ways, the best one is when the wife kicks up a fuss because hubby ain't sending the money home any more. Usual thing - must have a mistress etc so jacks him in. A nice Albanian ID card and a little note to the UK embassy does the trick.
The more stupid apply for a spouse visa which entails submitting an Albanian marriage cert - DOH! Guess what is on that - place of birth, full name and date of birth. Homer Simpson is a genius compared to some!

[xhesika]

ok let me just say something, frontier mole, you are right, you are not very sensitive at all!!

Everyone is entitled to their own opinions but I am asking for advice on how to resolve mine and my husbands situation not to spark another discussion which could be upsetting to myself or any other british wife going through the same as me.

I had an albanian friend back in 2002 and in january 2003 he introduced me to my now husband, I met many albanians during this period and alot of them used the kosovan identity with fake or their own names, most of them failed the claim to stay here, they found love (true love or not) married and most of them are still in UK now, embassy knows their past, but they obviously got lucky with the visa!

The difference between my husband and 99% of the albanians I know is that my husband doesn't actually want to come to the UK, I am kind of forcing him to apply as with the last 2 times, Because I think that he should be able to come here and support his family, which if he cant come here then I suppose you are right, I may become a burden to the taxpayer BECAUSE I will have a baby and no financial, emotional or mental support from my husband, I will be unemployed for the first few months of our childs life and I will in turn have to claim benefits....WHICH I STRONGLY HOPE TO AVOID! I have NEVER claimed any benefits, I hope not to have to but as I see the UKBA is becoming increasingly strict and I CANNOT find a lawyer to guide me through the processes of the surinder singh route because although i have read the website, it still doesnt make sense to me! ...........

Hopefully one of you lovely people can point me in the right direction...........

[Frontier Mole]

No problem - what is it you would like to know about the SS route?

I am not anti to your position and I do not believe I mentioned anything about recourse to public funds. By your own post you are reasonably well off. In fact I advised you to go down the SS route so I am actually trying to point you in the right direction.

[xhesika]

Frontier mole, I am sorry to dissappoint you but I AM not reasonably well off at all, I am facing increasing difficulty in trying to support myself without recourse to public funds, I know you did not mention the recourse to public funds but another poster did.

The reason I WILL have money after christmas is because sadly my grandad passed away and in his will he left an amount of money to my mum which out of the kindness of her heart she is splitting with me in order to help me get on my feet, maybe you are not aware but I Am pregnant, I have also had 2 strokes and am 20 years old, my doctor has forbidden me to work and I do not claim any benefits, I have gotten by with help from my mum and a little money me and my husband had saved in Greece, now I cannot afford to live here, and my mental state varies from day to day and I really cant deal with the fact that I may have to face time and time again away from my husband after 5 years of our relationship, I thought it would be sorted by now, but no, my husband is in Greece, Im in uk pregnant with his child.

What I would like to know is: I have my greek residence permit, my husband has been delayed in applying for his GREEK family permit as his albanian certificates will not be ready and certified until 16th December(apparently the greek authorities require my husband to have our marriage certificate and his family and birth certificates authorised and certified by the greek embassy in albania and also the ministry of foreign affairs before they will allow him to apply for his eu family permit), after this he has all the documents he needs to apply for his GREEK family permit,.................THEN

my husband does have legal residency in Greece already, this is not through me, this is a working visa valid up until April 2009, can he use this to apply for a uk eu family permit or does he need a GREEK family permit before we even step foot in the BRITISH embassy to apply for my husband to come to the uk?

Please forgive me for my stupidness but can you please detail exactly what we need to do from start to finish in order to use the SS route.

Thankyou frontier mole. maybe you can be my light at the end of the tunnel!???

[xhesika]

frontier mole........or anyone else.........can you help? PLEASE?

[Frontier Mole]

I think the case of Metock may help solve your problems?
Have a look at the link below.
http://www.brusselsjournal.com/node/3457

Surrinder Singh maybe a thing of the past??

Do not know if UKBA have updated there guidance on the matter yet.

[sky07]

Wow, maybe I'll print that ruling out and take it with me when my husband has his interview for the spouse visa interview this month.