Daughter and boyfriend

[IANB]

Hi everyone, my daughter who is 20, is 4 months pregnant to a lovely Gambian chap. They are engaged to be married and are very happy.
The problem is he has been arrested and detained in Harmondsworth immigration center, as his student Visa had expired by a year.
He has now asked to go home voluntarily with the intention of getting my daughter over there and getting married then coming back. I don't think it will be that easy.
He has been in detention for two weeks and is being fast tracked as immigration have put it.
They were living together in a rented flat, none of them claiming benefits.
We need some advice as he aint got a lawyer and they are feeding him nothing but lies at the center.
Please help...
Cheers

[bbdivo]

You'll have to let us know what your daughters immigration status is before we can suggest anything!

[IANB]

She is uk resident born in Edinburgh, any suggestions greatly appreciated,
Thanks

[Kayalami]

http://www.immigrationboards.com/viewtopic.php?t=5452

In above substitute asylum seeker for overstayer - other requirements hold true. Also since birth in the UK after 1 Jan 1983 does not automatically confer British Citizenship then your daughter would have to submit her full birth cert (with her parents names on it) to indicate the parents' immigration status on DOB. Her full UK passport should suffice. I expect the financial issue to be the greatest challenge given the young ages involved = limited employment experience = minimal funds. Make sure these are addressed substantively.

[IANB]

Thank you very much, this info is excellent and very much appreciated.

[Jeff Albright]

He has now asked to go home voluntarily with the intention of getting my daughter over there and getting married then coming back. I don't think it will be that easy.

That is a simple and the best solution to all the problems. Whether he had been detained or not will not affect the final decision on his spouse application. I expect he will be asked why he violated the rules but that will not be the reason for refusal if other conditions are met (be genuinely married, have suitable accommodation in the UK and have enough money to live without public funds).

[ppron747]

http://www.immigrationboards.com/viewtopic.php?t=5452

In above substitute asylum seeker for overstayer - other requirements hold true. Also since birth in the UK after 1 Jan 1983 does not automatically confer British Citizenship then your daughter would have to submit her full birth cert (with her parents names on it) to indicate the parents' immigration status on DOB. Her full UK passport should suffice. I expect the financial issue to be the greatest challenge given the young ages involved = limited employment experience = minimal funds. Make sure these are addressed substantively.

There is a further difference between the case you've linked to, and that of IANB's daughter, Kayalami... In the earlier case the couple were apparently living together for 7 years, so the genuineness of the relationship could hardly be challenged, even by the most sceptical ECO. Since IANB's daughter is only 20, their relationship will be of much shorter duration, and I hope this isn't going to create too much of an obstacle. Sorry - I don't want to be a "downer", but I think it is a point that is worth considering.

[Jeff Albright]

Since IANB's daughter is only 20, their relationship will be of much shorter duration, and I hope this isn't going to create too much of an obstacle. Sorry - I don't want to be a "downer", but I think it is a point that is worth considering.

I knew my former wife for 5 months, we married in two weeks after we physically met (wasn't really my intention, her persistance broke me down), then we went to the embassy and I got my spouse visa without problems. My former wife spoke to the ECO working on my application first in person then from the UK over the phone several times trying to speed up the process, also wrote him letters and even put an article in the local newspaper about us and the "unfair" UK immigration control that did not let her bring her new husband to the UK and faxed it through to the embassy for the attention of that ECO. My visa was nevertheless stamped in 3 weeks time after the referral to the UK for decision (A month before my visitors visa was denied which my first visa application ever). The marriage was genuine. Two months after I arrived in the UK I was forced out of the house and false allegations were made to the police about me and to the Immigration Service for "obtaining the EC by deception". Following several interviews with police and IS, allegations were dropped and no action was taken. I am still here.

The main point here - it is very unlikely that the EC will be refused if the marriage is genuine even if it is relatively new (of course if other requirements (accommodation and money) are met), however, it is worth the while to ensure that some proof is available (perhaps if the young lady was able to go to Gambia they consummate the marriage there)

Good luck!

[ilm]

I would first recommend you get a good solictor (OISC) to sort out the immidiate problem of being in a detention centre. I don't know if they can help much but if it is at all possible to get him out on bail only a solicitor will be able to do this. Although not much use for making the spouse application our solicitor did say if my wife was met by immigration at the wedding (Pre COA days), give him a call immidiately and he would be able to get her bailed. Fortunately we didn't have use his services for this.

It would appear the only course of action is for him to return to his country and apply for a visa there, probably a fiance or spouse visa.

Obviously our 7 years together made proving our relationship relatively easy but there is alot more to applying for a settlement visa and every application is different. Just make sure that rules for any application are proved beyond any doubt. Especially read about those who have been refused and learn from their mistakes. Very sad for the those who get their application wrong but we all too often people coming onto the board asking for advice on appeals after a refusal. This holds true for all types of visas including visitors visa's.

[IANB]

The main point here - it is very unlikely that the EC will be refused if the marriage is genuine even if it is relatively new (of course if other requirements (accommodation and money) are met), however, it is worth the while to ensure that some proof is available (perhaps if the young lady was able to go to Gambia they consummate the marriage there)

Good luck!

Thanks, I will be booking her a ticket to head out as soon as he goes. He is expecting to go this week, fingers crossed.

[John]

Looks like there is rather good "evidence of contact" here, given that :-

my daughter who is 20, is 4 months pregnant to a lovely Gambian chap

Just ensure that the "evidence folder" to be submitted in support of the visa application in Gambia is as comprehensive as possible. That is, give the ECO dealing with the visa application no reason to decline it.

[Jeff Albright]

It would appear the only course of action is for him to return to his country and apply for a visa there, probably a fiance or spouse visa.

That's it!
I always wondered why so many people in the same situation find that they have to fight removals, spend time in detention, waste their money and time instead of just going out, apply for the EC the next day and come back.
It would have been impossible in such countries as the USA, Australia where the overstays or failed seekers are prohibited from returning for at least 3 years and they have to go through lenghty court process to get access to their spouses and children in those countries.
I know a person (he is British) who had been fighting to go back to Australia to his Australian wife and daughter for 3 years after being asked to leave Australia because some immigration problems he had there before.

The rules in the UK is so much more relaxed, so why not to take advantage of that?

[Jeff Albright]

Thanks, I will be booking her a ticket to head out as soon as he goes. He is expecting to go this week, fingers crossed.

I suggest that she should take with her to Gambia:
- Tenancy agreement as the proof of accommodation
- Bank statements showing some money being available
- If she could get him any simple job like shop assistant, cleaner, Spam porter, etc. etc. and get a letter from the prospective employer - that would also help a lot towards proof of income. (I had an offer letter from a telemarketing company that showed that I had a job before even stepping on the UK land, although I never worked there. I submitted it to the Embassy with my EC application as a spouse)
- Write a letter to the Embassy about their relationship (the Embassy will treat it all in strict confidence so no need to worry about things going into wrong hands)
- If the MP was involved - then also ask him to write a letter of support
- If he was represented by a solicitor - letter of support from them, too.

I understand that the rest of the documents like marriage cerficiate she will get in Gambia once they got married.

All the best!

[JAJ]

[
I know a person (he is British) who had been fighting to go back to Australia to his Australian wife and daughter for 3 years after being asked to leave Australia because some immigration problems he had there before.

Off topic - however, that doesn't "sound right".

Australia does have a 3 year bar for overstayers, however this bar does not apply to migration visas.

If this person still has visa problems then he should call Ian Harrop (UK based agent) - http://www.ianharrop.co.uk , if the problem is an inexperienced case officer or something then it could be sorted out with a phone call.

[Jeff Albright]

Off topic - however, that doesn't "sound right".

Neither does it to me.

Well, thanks but I lost contact with him almost 6 years ago and I hope he made it back to Australia.
I know he had the AU-based lawyers. We just happened to work together and he told me his story, showed me the pictures of his wife and daughter.

[Kayalami]

Kayalami wrote:
http://www.immigrationboards.com/viewtopic.php?t=5452

In above substitute asylum seeker for overstayer - other requirements hold true. Also since birth in the UK after 1 Jan 1983 does not automatically confer British Citizenship then your daughter would have to submit her full birth cert (with her parents names on it) to indicate the parents' immigration status on DOB. Her full UK passport should suffice. I expect the financial issue to be the greatest challenge given the young ages involved = limited employment experience = minimal funds. Make sure these are addressed substantively.


There is a further difference between the case you've linked to, and that of IANB's daughter, Kayalami... In the earlier case the couple were apparently living together for 7 years, so the genuineness of the relationship could hardly be challenged, even by the most sceptical ECO. Since IANB's daughter is only 20, their relationship will be of much shorter duration, and I hope this isn't going to create too much of an obstacle. Sorry - I don't want to be a "downer", but I think it is a point that is worth considering.

Paul - thanks for the heads up. Concur a point to consider. I viewed such on the overall balance of probabilities of the application going through given the afore mentioned 'pregnancy'. I don't think any ECO unless they were being pedantic/inexperienced/malicious to the extreme would bother challenge the 'have met/intend to live with each other' paras of the rules. Case law on this has historically sided with the applicant especially where contact has been in the same jurisdiction which in this case it clearly has. Where I have seen issues with this 'intent' aspect is with a combi of 'lack of funds/accomodation' or someother aspect..hence my rationale on nailing this 'financial' aspect of the rules. Hope that helps.