HELP PLEASE

[Gab Jas]

I urgently need your help, I am currently on work permit valid till June 28th 2012.

In 2007 I met my husband in 2007 and on June 3rd we went into a religious marriage.

We are living together from 2008 onwards, earlier the council tax bill was on both name but now I removed it from there....we have our water bill together and electricity bill together

My husband came via lorry in March 1997, he has one medical document of 1995 and nothing more and rest of the documents are kept from 2000 onwards....he came via a lorry in this country.

We went to a lawyer and applied for his leave to remain on the basis of article 8

His case was refused on 9th March as he could not show documents or entry clearance that he came in March 1997

HO refused to believe our private life as we had only send our photographs, my documents were not attached in this case as my lawyer told me it may complicate your ILR later....

So my lawyer suggested that we take Judical Review route as HO has even not given the right to appeal.

My query is what if Judicail Review agrees with HO, what are the next steps that I can take....since he is in the country from 1997 can he then re-apply for long residency.

If he leaves the country he will not be able to come for minimum 5 years, my lawyer has suggested that HO keeps on changing rules and there are about 3 lac people who are similar to your husband status....

I am wiping and crying as I cannot stay without him.....

PLEASE HELP ME SHOW ME THE WAY TO TACKLE THIS PROBLEM.

WE BOTH CANNOT STAY WITHOUT EACH OTHER......WE HAVE BEEN LIVING WITH EACH OTHER FROM JULY 2008 onwards.....

One more thing my husband is willing to go through court marriage but we cannot even do that as he requires a visa and he is in debt as he has to return some funds to bank. He had taken some loans and was repaying till he lost his job in 2008.

He is willing to follow the right way but it is unfair for him to leave this country after staying here for 13 years.

THANKS,
GAB JAS

[Gab Jas]

Please help me

[geriatrix]

Please be patient. People will reply if and when they wish to.


regards

[Greenie]

What application did he actually make and what evidence did you provide? When did he make the application?

Has he ever made any other applications to stay in the UK before now?

Why did he come to the UK in 1997?

What evidence does he have to show that he has been here since that time?

Have the UKBA served him with a notice confirming he is liable for detention and that he is an illegal entrant?

What nationality is your husband?

What nationality are you?

Is there any reason why you can't live in your home countries?

[Gab Jas]

He made the application in July last year and we received reply on 9th march that the application is refuse under article 8
He has never made any application before he was scared and use to work and has work proof documents from 2000 onwards, I know only this much that he use to even work at heathrow airport.
He came to UK for better living as he was a farmer and also threat to his life by his relatives.
All work related documents and also the proof that was paying taxes and no criminal offence.
Yes ukba has said that he is an illegal entrant and is asking for his entry clearance proof which obviously he will not have
We are indian
Reason is poverty and better standard of living here moreover we are not criminal and only feeding ourselves by working and paying taxes

[Greenie]

Unless he can prove that he has been here since 1997 he will have no chance of succeeding in a 14 years residence application. The 'clock' will now have been stopped in his residence when he was refused so he won't be able to apply in say 2014 when he has completed 14 years (from 2000 from when you say he has evidence of being in the UK.)

Given that you are here temporarily yourself I think it would be hard to suceed on Article 8 grounds, they would argue that the two of you can live in India together.

The UKBA does not have to give a right of appeal against the decision to refuse his case because he is an illegal entrant. In order to suceed at Judicial Review (which is very expensive) you have to show that the decision is so unreasonable that no reasonable decision maker would have made the decision. It sounds like you didn't provide very much evidence of your relationship and given the fact that he has been here unlawfully and you are not settled her that would be difficult to show.

If you don't go down the Judicial Review route or you do and this does not suceed then your husband can either return voluntarily or wait for UKBA to make a decision to remove him, which may attract a right of appeal. The problem is they tend not to do this leave people in limbo. there is recent case law on this but it is not particularly helpful.

See: http://www.bailii.org/ew/cases/EWCA/Civ/2011/161.html

Sorry that I cannot offer any more positive advice.

[Gab Jas]

Thank u for ur quick reply and advise, yes they have not given him right to appeal but they said that he could appeal when he is deported. How can that work.
Currently, I have pad the lawyer a lot of money only for JR on human right ground.
Pls advise if JR refuse the case, then can he appeal against the deportation.
Also would they remove him while his case is under JR
And can we stay together till the court decides.
I have also been told by my lawyer that HO cannot remove till a decision is made on his case.
I am losing hope now on JR also.

[Gab Jas]

The only way I can proof that he was here from 1997 is by giving letters of friends and close relatives who have known him from march 1997.

Pls advice if that would help, moreover he has far of relatives who are here for more then 45 years. They can also provide letter to HO that he was here from March 1997

[Greenie]

yes they have not given him right to appeal but they said that he could appeal when he is deported. How can that work.

He did not get a right of appeal before because the decision to refuse his application did not constitute an 'immigration decision' which attracts a right of appeal, because your husband is an overstayer.

As UKBA have refused your husband's case they expect him to leave the UK voluntarily (leaving aside the ongoing JR). If he doesn't leave voluntarily and they try to enforce his removal, then they will need to make a decision to remove him, which is an immigration decision attracting an in country right of appeal if he has raised human rights grounds.

However as explained in the case that I posted a link to above, often the UKBA doesn't make a decision to remove someone and leaves them in 'limbo' in an effort to get them to leave of their own accord.

Pls advise if JR refuse the case, then can he appeal against the deportation.

See above. If they make a decision to remove him then he will get a right of appeal. But they may not make that decison in which case he can't appeal.

Also would they remove him while his case is under JR
And can we stay together till the court decides.
I have also been told by my lawyer that HO cannot remove till a decision is made on his case.
I am losing hope now on JR also.

An application for JR does not itself prevent removal unless an injunction is obtained from the High Court. However in your husband's case they can't remove him until the relevent immigration decision to remove him is made as explained above.

[Greenie]

The only way I can proof that he was here from 1997 is by giving letters of friends and close relatives who have known him from march 1997.

Pls advice if that would help, moreover he has far of relatives who are here for more then 45 years. They can also provide letter to HO that he was here from March 1997

Doubtful however in addition you can't usually produce new evidence in a Judicial Review hearing. The court will only consider the application made and the evidence put forward, and whether the decision made was unlawful/unreasonable.

If you have paid a solicitor a lot of money for a Judicial Review application I would be concerned that s/he has not advised you on all of thrse issues.

[Gab Jas]

Can he reapply a case even if it is refused on basis of 14 years of long residency stay with letters from friends and relatives and also a letter from me that I am on work permit and we have been staying together for 2 years.

HO has not given the right to appeal which is challenged in the court now under article 8 of private life.

As evidence, I had shown our water bill, council tax bill and wedding photos.

If Judical review is refused, what is the next step.

Pls advise

Thanks,

Gab jas

[malikscompany]

2 years relationship applies to EU citizen only, both of you are from India your case is weak sorry Gab Jas I am sure thats not what you want to hear but people have to tell what law and their personal experiences say here.
HO is going to say that you both can go and live in India, it happened even when husband or wife was British National (it hapopened with me while my wife is not from my country and she is British National), and you are here only on work permit.

you already have leave to remain, article 8 can apply only on your husband coz he has lived in this country for long time, not on your husband and your relationship.

can can not be removed until his case is decided.

this is my personal opinion not a legal advice

[Gab Jas]

Thank you for all the help and response....

As you stated if my husband leaves voluntarily can he come back again....it is only one year for me to get my indefinate leave to remain......

Also, as stated the judical review is under progress....I will come to know about the decesion in about 6 months.....

Another question will i be granted ILR after a year and would there be any interference of HO regarding this on my indefinate as my name and photographs are with them.....

We are now wondering atleast i should get my ILR and PR and then I can try getting him back here from India....

please advise all the possibilities...

Thank for your time in reading and helping me in this situation.

GAB JAS

[malikscompany]

It does not effect your application for ILR.

even if your husband leaves voluntarily Home Office is going to ban him from coming to UK for certain time of period because he overstayed. if he goes back to India and when he applies for visa embassy will refuse it straight away because he has history here in UK.

try to keep him here until you get British Passport and then you can move to another country like Ireland or something and try getting Visa there. believe me home office is very hard nowdays and once they refuse its not easy to prove them wrong, its my personal experience, I have been throgh all this and my wife is British as I told you but all the cases are diferent, you might have luck.

[Gab Jas]

Finally, we have deceided to be apart and he is willing to return voluntarily.

Problem I have is he does not have a valid Indian passport.

How does he get his travel documentation, i was reading indian embassy in london website, they need a proof that he is an indian national.

He can get his birth certificate assested from india, I and one more indian colleague can issue letter to Indian embassy confirming his indian nationality and also give his home address in india.

I am not sure how everything will work....please advise...does he need to call HO and tell them that he is willing to leave voluntarily.

Please advise.

thanks,
Gab Jas

[Mr Rusty]

Your husband might find it helpful to contact the International Office of Migration and enquire about the AVRIM scheme (Assisted Voluntary Return of Illegal Migrants). IOM can be very helpful when it comes to obtaining a Travel Document and if he can get his birth certificate and other statements confirming his Indian nationality, they could help to speed up what can be a very bureacratic process.

See the advice on this page, and use the links on there:-

http://www.ind.homeoffice.gov.uk/asylum ... aryreturn/