Boyfriend with ARC+ pregnant Girlfriend w/t Indefinite Leave

[worriedwoman]

I am citizen of EU with Indefinite Leave to Remain in UK. Have lived in UK since 1995. Working, supporting myself etc.+ pregnant by my boyfriend, who has today been issued with ARC at the Home Office. He was made to re-apply for asylum in 2007, after HO lost his original application in 1996! In 2007 his papers were mixed up with somebody else's papers at the HO again, so, HO only contacted him 2 weeks ago asking to attend an interview today. In the letter HO even appologised for this mix-up of the papers! Anyway, boyfriend has been living and working in the UK since 1996, but today was issued with ARC which says: "EMPLOYMENT FORBIDEN". His Case Worker at the HO even had a cheek to tell him that he should stop working and apply for funds from charities to stay out of the streets! Today he was also told he must sign at the Imm.Centre near London Bridge (London) next Tue, and he'll be told then when he has to sign next time. His solicitor had only one answer: "Sorry. Bad luck! Do what they say and hope for the best". Boyf has never been in trouble with law/police/anyone (except 1 parking penalty in 2008).
What is his next course of action? Shall we marry? But don't we have to wait 6 months from the day his ARC was issued? He could be deported within these 6 months! I am 6 months pregnant, so, will not be able to travel soon. And I think it is really unfair that he was treated in such a harsh way. He has worked for the same company for over 7 years, got to the position he is happy, but now he has to resign and will not be able to support me and the baby. I am working at the moment, but I am self-employed, so will have to apply for income support and housing benefit (which I was not planing to do before, as both of us made enough money), and we will have to live on this money for at least few months untill I will be able to work again. This is a nightmare! And I can't stop crying as I write this. Please, help and advice us what to do!!!

[mochyn]

Did boyfriend arrive illegally in 1996?

How many times during the period 1996 and 2007 did he contact the Home Office to ascertain his status in this country?

When he reapplied in 2007 how many times did he contact the HO since?

What did the HO tell your BF when he reapplied in 2007?

Was he told he could work?

[worriedwoman]

Did boyfriend arrive illegally in 1996?

No, arrived and claimed asylum at Dover straight away. Boyf is from Kosovo.

How many times during the period 1996 and 2007 did he contact the Home Office to ascertain his status in this country?

Many times. Was told to wait for the HO decision. Until was told that the documents were "misplaced" by the HO.

When he reapplied in 2007 how many times did he contact the HO since?

Everything was done by the solicitor. Boyf.rang HO himself at least 5 times since New Year.

What did the HO tell your BF when he reapplied in 2007?

Wait for the decision. Then, after 5 months, he was sent a letter: "person with the same name, but different date of birth, has been granted Indefinite Leave to remain by the HO in 2006 after marrying anIrish Citizen. For that reason we see no need for you to be granted an asylum". This was not my boyf, so, he sent a letter to the HO explaining everything, and even put a copy of his UK Driving Licence for the HO to check at least his photograph agains this other person.
On 23 Feb 2010 boyf received a letter, which said: "I have now looked into the matters you raised in your complaint. I am sorry you have not had earlier reply. <...>case file is being given priority. I can assure you that the identity mix-up will be resolved as soon as possible"
Two weeks ago boyf was sent a letter asking him for an interview for ARC today, and was issued with ARC today with "Employment Forbiden" accross it.

Was he told he could work?

Not in 2007, but he has worked since his original asylum application of 1996, when he had been given permit to work.

[John]

If he arrived in 1995 he has been in the UK for over 14 years. Has he considered making a Long Residence application for ILR?

[Kitty]

worriedwoman, what EU state are you a national of? How long have you been with your boyfriend? Does anyone know if ILR would trump EEA national status? If worriedwoman and her BF have been together for 2 years, could he not apply under free movement rules?

People who have had to wait more than 12 months for an "initial decision" on their asylum decisions can apply for permission to work. Can your boyfriend do this? It seems incredible to me that after the HO's foot-dragging on this case they would withdraw permission at the point of issuing the ARC.

[worriedwoman]

worriedwoman, what EU state are you a national of?

I hold Lithuanian Passport. Have lived in UK since 1995 and have Indefinite Leave to Remain myself since 2003.

How long have you been with your boyfriend? Does anyone know if ILR would trump EEA national status? If worriedwoman and her BF have been together for 2 years, could he not apply under free movement rules?

We have been together just over 2 years. How do we prove that? Where can I get more info about free movement rules?

People who have had to wait more than 12 months for an "initial decision" on their asylum decisions can apply for permission to work. Can your boyfriend do this?

We have looked into this, but it would be no use to us, as he will not be allowed to work as a self-employed person. Boyf has studied carpentry at UK College for 3 years and works for a construction company as a self-empl (most of the builders are self-employed).
On the other hand, he could go and work in the shop or a restaurant, but that will leave me claiming benefits, as he will not be earning enough money to support me and the baby.

It seems incredible to me that after the HO's foot-dragging on this case they would withdraw permission at the point of issuing the ARC.

Absolutely! And to add insult to an injury, so to speak, HO issued boyf's ARC card on Monday, which says "Nationality: SERBIAN" , when he is Kosovan! Error after error after error! Letter, asking him for that interview, had a spelling mistake and the name of the road of HO own address was misspelt too! That just makes me wonder: who are these people at the HO, who have been given right to play with my family's life like that???

[Wanderer]

worriedwoman, what EU state are you a national of?

I hold Lithuanian Passport. Have lived in UK since 1995 and have Indefinite Leave to Remain myself since 2003.

How long have you been with your boyfriend? Does anyone know if ILR would trump EEA national status? If worriedwoman and her BF have been together for 2 years, could he not apply under free movement rules?

We have been together just over 2 years. How do we prove that? Where can I get more info about free movement rules?

People who have had to wait more than 12 months for an "initial decision" on their asylum decisions can apply for permission to work. Can your boyfriend do this?

We have looked into this, but it would be no use to us, as he will not be allowed to work as a self-employed person. Boyf has studied carpentry at UK College for 3 years and works for a construction company as a self-empl (most of the builders are self-employed).
On the other hand, he could go and work in the shop or a restaurant, but that will leave me claiming benefits, as he will not be earning enough money to support me and the baby.

It seems incredible to me that after the HO's foot-dragging on this case they would withdraw permission at the point of issuing the ARC.

Absolutely! And to add insult to an injury, so to speak, HO issued boyf's ARC card on Monday, which says "Nationality: SERBIAN" , when he is Kosovan! Error after error after error! Letter, asking him for that interview, had a spelling mistake and the name of the road of HO own address was misspelt too! That just makes me wonder: who are these people at the HO, who have been given right to play with my family's life like that???

Well that's a bit unfair I feel, the HO have a lot to deal with here, and I'm not fan of theirs. So many so-called asylum seekers arrive here with false ID's, claim to be Kosovan when they are in fact Albanian, and all this for free, when we have to pay huge fees for settlement.

Otherwise I agree with John, making a 14 year any-stay application might be best, I wouldn't wish the asylum route on anybody if it's dragged on this long. The 14 year route isn't ideal but I reckon it would resolve things quicker.

[mochyn]

If he provides a passport showing date of entry into UK in 1996 then 14 years from that date he can apply for ILR under the 14 year rule.Also if he has documentation from his asylum claim on arrival at Dover then he can use that to process his claim