APPLICATION FOR A LEAVE TO REMAIN IN UK AS A SPOUSE OF BRIT

[talk2shina]

Hi everyone, I am new to this forum and please help me, i came into UK as an illegal entrant in 2006 and i met my wife who is British citizen in 2007 and we got married in feb 2009 at the church of England and i was going to go back to my country to apply for a spouse visa but unfortunately she got pregnant before the date i was intend to go and she's already three month pregnant and she didn't let me go because she was scared i may not be able to secure the visa and not be able to come back so i couldn't go, anyway i acquire a solicitor to apply for a leave to remain in UK on my behalf and she did, but unfortunately the application was refuse on the ground that she told them i cam into UK on forge passport and she went on apply for a judicial review at the court and it was turn down as well and i was ask to £400 toward the defendant cost of acknowledgement of service and my wife also went to ask our local MP to assist her on my behalf and the MP write to UKBA on behalf and his request was turn down as well, i just realise that the solicitor is using me to make money and i need this forum to advice on what to do, please help me.

[ElenaW]

What exactly does the refusal letter say?

[talk2shina]

Thanks ElenaW, the refusal letter say that in view of the fact that my representative claim that i entered into the UK on a forged passport, the secretary of state is not satisfied that i have limited leave to enter or remain in the UK, and the secretary of state hereby refuse my application and that i should return to my country voluntarily and that if do not leave voluntarily i may pay a penalty for which is a fine of up to £2,500 and or up to 6 month imprisonment and i will also be liable to be remove from the UK to my country but my solicitor challenge that decision but it's already late due to what she told them that i entered into UK on a forged passport and the UKBA later said in another letter sent to my solicitor that i can go back to my country and make a fresh application and come back, but a lot of people said that i will never get the visa if i go back and that is why am here on this forum seek you people's opinion. Thanks

[Casa]

The problem is with the forged passport. Without this a ban to re-enter would not apply as spouse. The Home Office may well take the view that you could settle with your wife and child in your home country.
No doubt your solicitor advised you that very few applications to remain as Spouse submitted from within the UK succeed when the applicant has no legal status, especially when forged documents have been used on entry or during the illegal stay.

[mochyn]

So your choices are

1 Return to your country and apply for a spousal visa as you had originally intended

2 Being imprisoned for 6 months fined £2500 forcibly deported after being released

Seems to be a no brainer to me

[talk2shina]

Mochyn, i understand what you are saying but the problem now is that if my application is refused over there that means I'm stuck and my wife is not ready to leave in Nigeria

[HRY2005]

Its a very complex case. Returning to Nigeria would be the best option but I am scared of a 320(11) in a case like that. I think its an error by your solicitor to have mentioned a ''forged passport''