URGENT PLEASE HELP, DUE TO BE DEPORTED

[zebidi123]

Please help, my husband came to the u.k on a visitors visa from Algeria in march 2004, he overstayed and has been here ever since.We met in march 2006 and married in the mosque in september 2007, we applied to the home office for leave to remain and a COA the leave to remain was refused because they did not believe we are in a genuine relationship because he did not have any "officail" documents registered to our address,we then asked them to look at our application again which they agreed to do but in the meantime my husband was caught working using a photo copy of a false passport, he was arrested and was sentenced to 5 months in prison,the judge said that he was giving the lowest sentence possible because he believed my husband only got the job out of self respect and because of the letter of support i wrote. My husband is due out of prison on the 21st of May, I believe that immigration will be waiting for him to come out then detain him. I am affraid that if he was asked to leave or if deported that I wont be able to bring him back because I am registered disabled due to spinal probs (had 2 opperations in past 18 months), so will not be able to sponcer him, I am going out of my mind not knowing who to turn to for advice, the solicitor we are using has just told me to wait and see what immigration do, I cant just wait surely I need to get things prepared,would be forever greatful if you could advise A.S.A.P. thankyou ZEBIDI123

[Wanderer]

Sorry to be brutal but I think it's highly unlikely he'll be granted any sort of visa in view of the prison sentance and identity theft.

He's certainly going to get a ban, from 1 to 10 years, and even then the HO might block any visa grants after that.

Have you considered moving to his country?

[John]

I believe that immigration will be waiting for him to come out then detain him.

No, not even that. UKBA will arrest him in prison. There will be no need for him to be arrested at the prison gate.

The "saving grace" here is that the sentence was only 5 months, and he might just be "below the UKBA radar", and therefore not even reported by the prison authorities to UKBA.

But if he is not detained by UKBA, how are you intending to solve your problems? To get the needed CoA? To get (legally) married? To get him a spouse visa?

[zebidi123]

Thankyou for your replys, John it was UKBA that caught him working so they already know, my solicitor has said that because he got under 12 months that it shouldnt have a big impact on his case,we are still awaiting a reply for the COA. Wanderer yes I have thought long and hard about going to live in Algeria but I have 4 children here aging 23,20,14 AND 8, yes I could take the 8 year old with me but the others dont want to come so to actually live there indefinatly is a no go. I think my only option is to go to the court of human rights, please let me know your thoughts on that or if you could come up with anything else would be a great help,once again thankyou, zebidi123

[mochyn]

Your sticking point is his identity fraud.Had he been working illegally then it would have been a small problem.
Giving your partner the right to stay in the UK after committing an illegal act sends the wrong message to other people who have immigration issues

[Obie]

Firstly, as John rightly stated, he will not be deported, but removed in the worst case scenerio. With a removal, there is usually no ban on entry into the UK, he can enter almost immediately if he obtains an entry clearance, although an ECO might take Paragraph 320(19) into consideration when processing his application.

Paragraph 320(19) unfortunately supersedes Paragraph 320(7C), therefore the fact that he is married or in a durable relationship with a brit or settled person, will not overrule that refusal.

I think you best option is to wait and see how things unfold. As things stand, the HO has not refused the application made, or notify him of any intention to proceed with removal action.

In anycase, he will have an AIT right of appeal on Human Rights ground, if they intend to proceed with removal.

In the meantime you could start working on raising a bail surety/recognisance and get him a bail once his prison sentence has been served, should the Secretary of State or a Chief Immigration Officer refuse to grant temporary release or bail.

Due to your ill health, i am sure there will be a Strong Article 8 case and if proportionality test is applied, it will be reasonable to say his action merit interferance with you family life, in the interest of maintaining law and order.

I will live that with the court.

[zebidi123]

Thankyou very much for your replies Mochyn and Obie, they have helped a lot, I have since spoken to a solicitor in London and she believes we can win the case so hopefully things will turn out for the best, regards to both,zebidi123








God bless you both

[zebidi123]

Obie, please if you have a link to any info regarding "article 8" please could you let me have it, I have tried to get info with no luck, Thankyou once again,
Regards,
Zebidi123

[Obie]

Here is the Human Right Guidance for caseworkers.