please help!

[ruru]

Hi all and thanks in advance.
I came to uk in 2005(illegal entrant) i have been working and paying tax.

We have decided to get married back home (africa)and apply for spouse visa fro home.

My hubbie to be is british by birth and we have been together since 2007 but lived together for 3.5 years.

We have put together a file with the help of this board.

My worry is should i mention about my working or if i dont can ECO find out?

Also would it be advisable to include my daughter (10 yrs old) in my application who is back home or should i wait for my outcome first?

[mochyn]

Hi all and thanks in advance.
I came to uk in 2005(illegal entrant) i have been working and paying tax.

We have decided to get married back home (africa)and apply for spouse visa fro home.

My hubbie to be is british by birth and we have been together since 2007 but lived together for 3.5 years.

We have put together a file with the help of this board.

My worry is should i mention about my working or if i dont can ECO find out?

Also would it be advisable to include my daughter (10 yrs old) in my application who is back home or should i wait for my outcome first?

You should be truthful in your application or you may run into difficulties in the future.
As for working illegally the Home Office don't expect you to have been living here for 6 years without working. Going home marrying and applying for a spousal visa is the recommended route as you will not be held accountable for your previous stay if you marry.Your only problem is how you obtained employment being illegal.
Also include daughter in application

[patbrry]

how were you paying tax while working if you were illegal?

a student who overstayed?

[ruru]

Thanks mochyn for reply, is working illegally taken as aggravating immgration rules?

@ patbrry, my travel & work documents were all arranged by a travel agent who is now deceased.

[batleykhan]

Thanks mochyn for reply, is working illegally taken as aggravating immgration rules?

@ patbrry, my travel & work documents were all arranged by a travel agent who is now deceased.

Very appropriate that, is it not ?

[ruru]

Hi batleykhan

Dont understand, have i said anything inapropreate? Lol! Hope not.

Thanks for the link, we actually used it to compile the file.

Do you reckon they will ask about my travel to uk.?

[Greenie]

Yes working illegally can result in a refusal especially if accompanied by aggravating circumstances. See General reasons for refusing, page 43 for examples

How long after you entered the UK did you start working?

You say that a travel agent arranged your work documents - what do you mean? Was this a fraudelent document? Was it in your name or someone elses? Have you ever made any applications to the UKBA (or its predecessors) to enter or remain in the UK previously?

I think you need to seek legal advice before returning home and before making your application.

[ruru]

Thanks Greenie for the link....it shows that am likely to be refused on 320 11 am i right? There are many things on the link that the lawyer never mentioned to us.

Yes it was fake stamp but with my names and real passport
and i started working about 3months after my arrival.

I have seen a lawyer she seemed very confident that i will be given visa but only if i get married and apply from back home..

She said i can not be considered for dlr as i dont have kids in uk.

If refused on 320 11 can it be won on appeal?

[vinny]

If refused on 320 11 can it be won on appeal?

Sometimes.

[Greenie]

Thanks Greenie for the link....it shows that am likely to be refused on 320 11 am i right? There are many things on the link that the lawyer never mentioned to us.

Yes it was fake stamp but with my names and real passport
and i started working about 3months after my arrival.

I have seen a lawyer she seemed very confident that i will be given visa but only if i get married and apply from back home..

She said i can not be considered for dlr as i dont have kids in uk.

If refused on 320 11 can it be won on appeal?

I wouldn't trust a lawyer who is 'very confident' you will be issued a visa in your circumstances. I would seek a second opinion if I were you. Working when you were not entitled to do so and obtained a fraudelent stamp on your passport is very likely to be considered an aggravating circumstance.

[ruru]

Thanks for all replies, its true its complicated and i need a 2nd opinion.


Could anyone recomend a good solicitor in birmingham area please?

[ruru]

I would like to thank the members for your advice, it was a tough decision to go home but it paid.
I collected passports for myself and daughter yesterday and the whole process has taken 1year.
Wishing the best to everyone awaiting decision.

Went bck home oct..2011
Applied 12th november
Rufused 10th jan
Appeal heard 17th sep
Appeal allowed 26th sep
Visa endorsed 23rd oct.