HELP! How can I keep my husband/babyfather here with us??

[OloguLove]

My Husband is Nigerian and lives with me in the UK. We are not actually married just yet (I will explain more about that later...) He has NO status or 'legal right' to be in the UK. We have been together for 5yrs + (he's been here 8yrs +) and have a 3yrs old Son together. We have wanted to marry for over a year but of course with immigration to bare in mind it is not as simple as inviting the local Rev. round for tea and cake and politely ask him if he will marry us.

I have only actually been awear of my husbands UK status (of lack of it) for the last 2yrs as my husband was scared to tell me incase I reacted negitively, which of course I didn't and would never have done because I adore him and am so in love with him.

Our plan as it currently stands is to travel to Nigeria to marry then apply for him to return back home with me to the UK and, I pray, get some kind of permenant stay. This is where I get unsure of what we can do/need to do to ensure he won't get stuck in Nigeria unable to get the green light to re-enter the UK back HOME with me, his wife, and our Son.

I am so scared. I simply can NOT lose him. As for our Son it would break his tiny heart. In plain, it just can not afford to happen!! PLEASE anyone advise me. What do I need to do in preperation to going to Nigeria? (I know for instance that I need to working for at least 6months and be able to provide proof of that. I am working so that is in progress) But what else?? Please tell me. What if anything can my husband do? When we are at the airport how does he get on board with out getting detained for not having a valid passport or any right to be here? When we are married in Nigeria how can we ensure the very, very best chances that we can all come HOME to the UK ALL TOGETHER??

PLEASE I AM DESPERATE FOR IMMIGRATION LAWS NOT TO SHATTER MY LITTLE FAMILY!!! PLEASE HELP!![/b]

[stedman]

Can't you get married here in a C of E church?

How many years has he been here? If he's been here close to 14 years he can apply for ILR based on long stay.

[Jeff Albright]

Because you are not married, your partner (do you call him husband?!) will not be eligible under the policy DP3/96, which would have otherwise benefited him in obtaining legal status without leaving the UK.

In order to estimate the chances of your partner regularising his stay in the UK, the following information is needed:

- What is the history of him being here? Has he come here with leave to enter? Has he claimed asylum? Where is his passport? Has he ever come to attention of the Home Office during his 8 years? Has he ever come to attention of immigration enforcement?

- Has he at any time tried to contact the IND to obtain a legal status?

- What achievements has he made in his life during his 8 years - studies, work, career?

The fact that you were aware of his status while entering relationship will not necessarily be an issue regardless whether you are married or not.

It is always possible for him to leave the country and apply for entry clearance as a spouse or unmarried partner. If all the documents are correctly prepared, there is no reason why he should be refused. The only downside of this process is that his application for his visa will have to be referred to the Home Office for decision and it can take up to 6- 9 months before he is finally issued with a visa. During that time you will be inevitably separated or have to stay both in Nigeria. However, it is unlikely that the immigration tribunal will be able to support your partner's case, as there is always an option for him to leave and obtain entry clearance, in other words, there will be no insurmountable obstacle for him leaving and you going with him, as the law says (even it is going to involve a degree of hardship). Only a truly exceptional case will succeed regardless whether he has built a good long relationship and family life with you. In order to understand if there is anything exceptional in his case, the answers to the questions above are needed.

All the best

[OloguLove]

Thank you for your reply, I am so greatful for ANY and EVERY bit of advice I get.
As for my partner, yes I call him 'Husband' and he calls me 'Wife' even though we are not yet legally married. Reason being is 1# We are living in EVERY way as a married couple and are co-parents together bringing up our Son whom IS biologically BOTH of ours. 2# We WOULD indeed be married already, legally, if we didn't have immigration 'issues' that prevents us for doing so here. Hence unfortunately getting married now has to be part and parcel of applying for my husbands stay here in the UK and we are clearly not as prepared as we NEED to be YET. (But we already knew that)
So the wedding we both dreamed of having had already and to be legally and spiritually wed to one another will now of course not be a romantic occasion at all! Instead a nessesary 'step' to gain access to the next one. But I don't care as it's the marrige that counts - so long as my government allows me to have one....
(I did NOT know his illegal status here when I entered the relationship, nor did I when I became pregnant to him. So why should I and more importantly our Son be punished for my husbands lack of papers??)

What is the history of him being here? Has he come here with leave to enter? Has he claimed asylum? Where is his passport? Has he ever come to attention of the Home Office during his 8 years? Has he ever come to attention of immigration enforcement?

VERY BREIF history of why my husband is here and why no papers;
My husband fleed his country very afraid for his life. (at the time) He was a student studing journalism and was writting and was going to break a controversial story about some members of the current government whom were corrupt. My husband claimed to have undenialble proof. He clearly did as, in short , they took him, beat him and slashed him with machettes nearly to death then 'banished him'. So as soon as he physically could he ran. Wouldn't any of you?
Why didn't he seek asylum? He had an intense fear and mistrust of the government and any officals. After all, he was nearly killed by government officals!! Again, wouldn't any of you be scared of them too? How did he know if the government here would be the same or not?
He has escaped ANY kind of detection from ANY UK officals.
We have of course been trying to find out where he stands now with alerting immigration that he is here but the time has past for him to seek asylum as he is no longer afaid for his life for a number of reasons I won't go into as they are long and perhaps not so relievent to this dicussion. He is for those reasons just viewed as another illegal immegrantwith no good reason or need to be here. The only trouble is is that in mean time he built a life here with me and now his Son. Will they see that and does it stand for anything at all when considering my husbands stay?........


SORRY for LONG reply........

[OL7MAX]

Bear in mind that there is one option - the 14 year rule - where someone who has stayed here for 14 years (mix of legal and illegal stay) can get ILR. Provided he doesn't get into trouble with the law here your man is likely to make the next six years and put in his 14 year application. There is one caveat to the 14 year rule: If he was ever issued with certain deportation related papers then his subsequent stay wouldn't count.

Bear in mind also that if he does the "decent" thing and returns to his country to apply for a spouse visa he will probably end up breaking that 14 year continuous stay record and will not be eligible under the 14 year rule. So if for any reason he is refused a spouse visa or is otherwise prevented from returning here permanently he would have lost the option of this different route.

[Jeff Albright]

Reason being is 1# We are living in EVERY way as a married couple and are co-parents together bringing up our Son whom IS biologically BOTH of ours.

Good. It means that you should have sufficient evidence to prove that you are in a stable and long lasting relationship. If you provide all the evidence, then you will easily fulfil all the criteria under the immigration rules for him to obtain an entry clearance and return to the UK.

2# We WOULD indeed be married already, legally, if we didn't have immigration 'issues' that prevents us for doing so here.

Every state has the right to regulate entry of foreign nationals to its territory. The UK Government has set up rules and procedures for that purpose. If a person has found his way here without following the procedure or jumping the queue of others waiting for lawful admission in the UK, that does give him any right to be here or make use of any customs and priveleges in the UK, which are available to the law abiding people here. Why does he has to benefit over those who has always abided by law? Every non-EU, non-British citizen or a foreign citizen without right to abode must follow the rules and regulations crossing the UK border and applying for admission.

So the wedding we both dreamed of having had already and to be legally and spiritually wed to one another will now of course not be a romantic occasion at all! Instead a nessesary 'step' to gain access to the next one. But I don't care as it's the marrige that counts - so long as my government allows me to have one....

But the Government is under no obligation whatsoever to allow you to register your marriage on the territory of this country with the foreign national who has no right to be here. There is a whole world around where you can register and then your future husband will be able to apply for admission in the UK like everyone else does and there is no reason why he should not be allowed to come and live with you here.

I did NOT know his illegal status here when I entered the relationship, nor did I when I became pregnant to him. So why should I and more importantly our Son be punished for my husbands lack of papers??

This means that your partner concealed this information from you. It was also your responsibility to be aware of his circumstances apart from just falling in love.

VERY BREIF history of why my husband is here and why no papers;
My husband fleed his country very afraid for his life. (at the time) He was a student studing journalism and was writting and was going to break a controversial story about some members of the current government whom were corrupt. My husband claimed to have undenialble proof. He clearly did as, in short , they took him, beat him and slashed him with machettes nearly to death then 'banished him'. So as soon as he physically could he ran. Wouldn't any of you?

This is a completely different issue. If your partner is genuinely fearing of return to his country then he should have followed the standard procedure applying for asylum in the UK immediately after his arrival. If he is a genuine refugee, then he could have been granted a legal status long time ago.

Why didn't he seek asylum? He had an intense fear and mistrust of the government and any officals. After all, he was nearly killed by government officals!! Again, wouldn't any of you be scared of them too?

It was his choice to come to this country and no one has forced him. There are dozens of countries around the world where you can also go and claim asylum. However, he chose this country and there is absolutely no sensible reason why he should be afraid of people here or should be prevented from following a standard procedure of applying for asylum. Moreover, he should have been aware that he would have to do this, however, he chose not to.

We have of course been trying to find out where he stands now with alerting immigration that he is here but the time has past for him to seek asylum as he is no longer afaid for his life for a number of reasons I won't go into as they are long and perhaps not so relievent to this dicussion.

It is highly relevant indeed and will have to be disclosed to the authorities here if he decided to seek protection here. If he is genuinely afraid of returning to his country, he should go ahead and seek asylum now. If he no longer fears for his life, then he should follow the standard procedure of returning temporarily to his country and apply for entry clearance to return as your spouse/unmarried partner like all other people do.

He is for those reasons just viewed as another illegal immegrantwith no good reason or need to be here. The only trouble is is that in mean time he built a life here with me and now his Son. Will they see that and does it stand for anything at all when considering my husbands stay?........

Yes, there is little doubt that he has built his family life with you. However clearly he did so knowing that his immigration status was precarious all this time and that he might be required to leave the country. He will have to corroborate every reason why he should not apply for entry clearance from abroad, if he is a genuine refugee then he will have to corroborate this too. In the latter case, you could do with some help of the professional immigration advisor who will collect and consider all the evidence he has and will help present his case to the IND and then to the Tribunal if required. Another thing you should bear in mind is that the process of regularisation of his status inside the UK may be extremely lengthy, can stretch in years and will most likely be even unsuccessful. If there is a viable option for him to apply for entry clearance, this will be not only faster but also cheaper to you and the UK taxpayer. You have to bear all these circumstances in mind before considering the next step.

In the meantime, feel free to post any further questions if you need any further help.

[OloguLove]

If a person has found his way here without following the procedure or jumping the queue of others waiting for lawful admission in the UK, that does give him any right to be here or make use of any customs and priveleges in the UK, which are available to the law abiding people here. Every non-EU, non-British citizen or a foreign citizen without right to abode must follow the rules and regulations crossing the UK border and applying for admission.

I DO get this. I am a british citizen and was born as such, even though my family is Ukrainian, and I follow the laws of this land to the letter. With that in mind I do think this comment is a little harsh as my husband didn't simply hop over the UK boarder for a change of sceanary. He was one more kick in the head or slash from the machettes away from being MURDERED. Also if he didn't "jump the queue" to get here he would be DEAD. (and it was threatened so would his Mum, dad, brothers and sisters if he didn't go immiediately) And although in the fact that he came here illegally that action was not lawful my husband IS not a criminal. Not in that sence. He has never broken any laws (except this before you think it...) in the UK or in Nigeria. He was not putting his finger up to those 'law abiding' immigrants following procedure as he pushed passed them into the UK. That is not how it was. Apart form immigration laws he IS a perfectly law abiding man. He even dreams to be a police officer.

But the Government is under no obligation whatsoever to allow you to register your marriage on the territory of this country with the foreign national who has no right to be here. There is a whole world around where you can register and then your future husband will be able to apply for admission in the UK like everyone else does and there is no reason why he should not be allowed to come and live with you here.

I don't know much about immergration laws, rules and regulations (as ridiculous as that simply must sound!...) this is why I am here making a noice. I am admitting to needing assistance/advice. And it is this, marrying outside of the UK (as my husband and I are planning to do a.s.a.p this year) that I would be most greatful of any more info on this, so long as I'm not annoying you too much yet.

This means that your partner concealed this information from you. It was also your responsibility to be aware of his circumstances apart from just falling in love.

Yes, he did conceal this information from me for a number of years. And yes, it was very stupid. And yes, I gave him hell for not telling me. And yes, I was stupid for not asking him myself about his status in the UK. But it never occured to me to ask, I suppose I was VERY nieve but I didn't think he was here illegally and didn't think of saying "Yes I'd love to go for a meal with you. How's Friday? Oh and are you in the UK legally?" or "Let's move in together, but first show me proof you are legal." But as I say the idea that he might have been illegal NEVER ever crossed my mind not even once. Just never did. Stupid, stupid me, huh?

If your partner was genuinely fearing of return to his country then he should have followed the standard procedure applying for asylum in the UK immediately after his arrival.

Yes! He SHOULD have! I will not argue with that. He wouldn't even himself argue with that now. He is only too painfully aware he should have done so and if he had have do so these problems we are having now would not exsist at all. But it is of little comfort to think of what we (in this case; he) 'should have done' it only makes it worse.

It was his choice to come to this country and no one has forced him.

Actually, yes, yes they did. The men with machettes that promised to kill him and his family. They did a convinsing job demonstrating they easily could kill him. My husband is covered in horrendous scars on his back and arms that would make anyone gasp to see them.

There are dozens of countries around the world where you can also go and claim asylum. However, he chose this country...

That maybe so in some respect but he in desperation had to go with whatever option he could find that SAME NIGHT (While he was still BLEEDING half to death, terribley bruised and seriously wounded) the opportunity that presended itself THAT NIGHT was a frieght to the UK, the choice was made for him.

...and there is absolutely no sensible reason why he should be afraid of people here or should be prevented from following a standard procedure of applying for asylum.

No sensible reason to fear government officals?? He was nearly killed! Not by civilians/members of general public but by people working for the Nigerian government! Why wouldn't he be scared of our government too? I know, you know, people living in this country know there is nothing to fear from our officals but coming direct from what Nigeria's officals did to him what possible reason would he have to be confident and even certain that the UK's government would not be just as corrupt and violent?

....he chose not to.....

...apply for asylum. No he didn't, out of fear. In his traumatised minds lodgic he did not 'choose not to' as he didn't feel anouncing himself was an option at all. Foolish, yes, but I'd say understandable in his unique circumstances.

If he no longer fears for his life, then he should follow the standard procedure of returning temporarily to his country and apply for entry clearance to return as your spouse/unmarried partner like all other people do.

Yes. I thought that would be what we must do. I just want more info about how to do that and secondly I am just afraid that the fact that he is an illegal immegrant will adversaly effect the outcome of if he can stay of not. Because as I said earlier he didn't come here just for the fun of it or a change scenery. But those reasons won't count anymore as he no longer fears returning to Nigeria. If he applies from Nigeria (when we wed there this year) to enter the UK with me as my husband will any of that be against him?

you could do with some help of the professional immigration advisor who will collect and consider all the evidence he has and will help present his case to the IND and then to the Tribunal if required.

In the meantime, feel free to post any further questions if you need any further help.

Thank you so muchfor your help so far. I DO appreciate it. Do you know how/where I can get in touch with immigration advisor as you suggest?

Thank you very, very much.

[Jeff Albright]

Ologulove

It is not my intention of scaring you or making you upset. Personally I wish you both the best and hope things will work out well for you in the end.

I simply shown you the standard procedure, which would be carried out on your partner application if he chose to try to regularise his stay without leaving the country. As I am familiar with similar cases, I have tried to give you the truthful picture of the way, in which the caseworkers will deal with this kind of application so that will enable you will make a right decision and be prepared in advance. This is all for your own benefit and it is down to you to decide in which direction you wish to proceed.

Your partner claim will probably be mainly Article 8 in respect of your family life and if he is a genuine asylum seeker then Articles 2 and 3 will come to force as well. The onus is upon him to substantiate his claim for asylum and not for this Government to welcome him as a refugee with open hands. It is all down to the applicable legislation and not to harshness. Article 2 and 3 have very high threshold and he will have to prove that there is still a significant and imminent threat to his life if he was returned to Nigeria. He will have to prove that he could not relocate to the other part of his country where he could be safe. However, Articles 2 and 3 are absolute, if his claim is accepted, he will be granted asylum for 5 years immediately. It is more difficult, having had regard to the information you have given, to succeed under the Article 8, which is based on the series of tests in applicable case law. Taking a position of a caseworker at IND and then the Immigration Judge I would say without even knowing this case in full that the chances of winning this case are slim. The recent case law says that if an applicant did not have a legitimate claim under the immigration rules say 10 years ago, he cannot have it now irrespective of the number of years he has spent here unless he has been here for 14 years or a truly exceptional case has been made out, which would drive a decision in his favour. From the information you have given, the bottom line based on legal principles is that there is nothing exceptional in his case so his claim under the Article 8 is bound to fail. In particular, the facts that he entered clandestinely, remained clandestinely, never attempted to obtain a legal status, formed a relationship with you knowing that he had no status or right to be here, will be the factors, which will imply that his removal from this country will always be in accordance with the law, UNLESS the enforcement action would breach the United Kingdom's obligations in respect of the International Convention of Refugees. The burden of proof is upon him.

Best wishes

Jeff

[sakura]

I did NOT know his illegal status here when I entered the relationship, nor did I when I became pregnant to him. So why should I and more importantly our Son be punished for my husbands lack of papers??

This means that your partner concealed this information from you. It was also your responsibility to be aware of his circumstances apart from just falling in love.

I don't know...most people don't say "I love you...BTW what's your status over here?" If someone says they are working/studying, even if they have a different nationality, it doesn't really signify what is their status.

Ologulove, from my perspective you have some options, though some are drastic, with some hurdles.
1. The two of you get married in the UK (you can marry in a CofE church without BIA approval, apparently), once that is done, he needs to return to Nigeria and apply for a spouse visa. He won't get anywhere staying in the UK, and cannot 'switch'. Does he have a passport at all? I think he should be able to get one from the Nigerian High Commission, but he'd need his birth certificate or some proof of identity. This might be hard, but the point it: for ANY legal means of residence, he will need a passport, so better get it over and done with sooner rather than never!

Once this is sorted, he returns home, with a suitcase of evidence of being with you/son, and lodges an application. Heck, you and child can go with him for 'physical' evidence even. If you read some spouse visa threads on this post, you'll see it is not easy, but down to evidence (and maybe the fact that the ECOs can read carefully!).

I know the wedding would not be 'special', but can you afford that? If his situation really is dire, and you would really like to marry, then you can always have a second, bigger/special marriage after he has a spouse visa...nothing wrong with doing that.

It is good that you are working: save up as much bank docs and money to show you can be self-sufficient. Although they can't refuse you if you are on benefits, it could make things very difficult if your hands are already in state coffers..because it indicates that you can't support yourself (and dependents), so how can you sponsor someone?

This is, to me, the best and easiest route, especially since you both want to marry anyway. I'm sure you are thinking...he left the country for a good reason, but, to be honest, if he is able to go to a safer region (like Lagos...btw is his face very well known there?), and apply from a big city like that, then he might be safer? Or if you go with him and stay at a hotel or something...

2. He could wait it out another 4-5 years, like ol7max mentioned...problem is the BIA seems to be working its way through all visa categories (fees, length of stay, HSMP palava, etc)....although this one is now a legal option...who knows, they might increase it to 20 years! Or, does he seem to like living in a state of fear! He has other alternatives open to him, so staying 'undercover' or whatever for another 5 years might be too daunting, especially if he is too afraid to work specific jobs (i.e. good career development) for fear of being caught.

3. In terms of asylum....since he is Nigerian, I think his country is designated 'safe'! So the BIA might not grant asylum to applicants from Nigeria (although it is legally obliged to review all applications)...but he doesn't want to do that

4. There is also the EU/EEA route...a bit complicated...do you have friends in Ireland, France, etc?! Does anyone else think this is an option?

[OL7MAX]

Does anyone else think this is an option?

He would be legally entitled to get permission to work in another EU state (as spouse of a British citizen). Working in Ireland or France for a bit would allow more frequent familial contact than living in Nigeria.

[OloguLove]

...most people don't say "I love you...BTW what's your status over here?" If someone says they are working/studying, even if they have a different nationality, it doesn't really signify what is their status.

Thank you! I appreciate your understanding with this one. I DO feel stupid for being prehaps somewhat nieve and not realising/finding out sooner. However, as you said youself although phrased in a slightly different way, I didn't have any real reason to 'suspect' he was here illegally, what just because he wasn't born here? That alone doesn't indicate anything! And he was working (at the time...) a very good job. Now it's just what he can get whilst remaining under the radar. Which often means jobs don't last long or there are periods where he can't 'safely' work at all.

The two of you get married in the UK (you can marry in a CofE church without BIA approval, apparently),.....

Yes, this was some weeks back our plan. I had the whole wedding planned down to the last button hole. It was never going to be a huge fairy princess dream wedding (not sure I'd personally want one of those anyway!! Not to mention as you correctly guessed we really don't have the budgit for that anyway.) but the idea that we could have a small but romantic wedding with all our friends and small number of family instead of a dull but very nessisary 'red tape wedding' in Nigeria. I was SO HAPPY when I thought that we could wed here. It some how felt the safer as well as nicer. But some weeks ago we learnt that someone we both know (through the wife, who like me is British) had done exactly this with her illegal partner (I hate using that phrase but you understand what I mean...) AND they have children together too just like us. They married some two years ago in a CofE church here in the UK then followed ever next step as you adviced me yourself too but was recently STILL deported!! So although we are both aware that which ever way we go, we DO realise that this is always a scarey possibillity, it just scared the hell out of my husband so went searching for a 'safer' option. He feels going to Nigeria, getting married there then apply to come home with me is the safest way to go. I'm just scared though that he may get suck in Nigeria and I'll have to return to the UK without my husband and my Son without his Daddy.

once that is done, he needs to return to Nigeria and apply for a spouse visa. He won't get anywhere staying in the UK, and cannot 'switch'. Does he have a passport at all? I think he should be able to get one from the Nigerian High Commission, but he'd need his birth certificate or some proof of identity. This might be hard, but the point it: for ANY legal means of residence, he will need a passport, so better get it over and done with sooner rather than never!

Thank you. We will do this.

....he returns home, with a suitcase of evidence of being with you/son, and lodges an application. Heck, you and child can go with him for 'physical' evidence even.

Ha ha ha! Yes that is all I am (and our Son too...) untill this is all over, 'Physical eveidence! If you don't laugh you cry! But yes, good advice. My Son and I WILL be going to Nigeria too. Mostly for that very reason!

If you read some spouse visa threads on this post, you'll see it is not easy, but down to evidence.....

Yes I have and will continue to have a good careful read of other's posts re this kind of situation. Thanks.

I know the wedding would not be 'special', but can you afford that? If his situation really is dire, and you would really like to marry, then you can always have a second, bigger/special marriage after he has a spouse visa...nothing wrong with doing that.

I couldn't agree with you more and that IS what we are planning to do. As I mentioned earlier I never wanted a a big flashy wedding anyway and in one of my earlier posts I said that the actual marrige is far more important anyway. I do stand by that. But We will have a second wedding here since I believe everyone ought to have a simply but lovely wedding day to look back on fondly. But that will and can wait untill the more important issues are delt with and we can finally simply enjoy being together as we once did without worry.

It is good that you are working: save up as much bank docs and money to show you can be self-sufficient. Although they can't refuse you if you are on benefits, it could make things very difficult if your hands are already in state coffers..because it indicates that you can't support yourself (and dependents), so how can you sponsor someone?

One thing that worries me alot about this is the fact that although I work full time, so hence earn my own money, I DO recieve some benefits. I'll explain, I have a spinal disabillity so recieve Disabillity Living Allowance for that. (My doctor is incredible cross with me for even working at all because of my disabillity, she has adviced my many times that I will make it worse and that I should quit my work and live on Incapastiy Benefit but of course I can't tell her I why MUST work. Besides I've found I have really enjoy working again, I was never happy being on benefits.) Also our Son recieves Disabillity Living Allowance too as he is autistic. And of course there is the Working Families top up I recieve because I work.
So my question is this, 1# will they taken as I can not fully support myself? and 2# If my husband (God willing...) is allowed to stay will my family no longer be entitled to those?

...if he is able to go to a safer region (like Lagos...btw is his face very well known there?), and apply from a big city like that, then he might be safer? Or if you go with him and stay at a hotel or something...

The therory is that he is now safe to return to Nigeria due to a change of Government since what happened to him plus it has been reported that the men involved are no longer able to be a threat since they have either died themselves or are in prison for thier many crimes whilst in power. (but of course my husband is NOW wanting to stay in the UK as while he could NOT safely return home he estabished a life and then a family life for himself here in the UK....I'm sure it's debatable that perhaps he should not have done, but he did, nothing can change that now) But at the time moving to a bigger city (ie 'safer') was not really an option as his Father is a very well known Chief and his Uncle some years after the incident went on to become a polition in Lagos. So the family were all too well known and would become targets themselves if the were to be any links between them and my husband.

...He could wait it out another 4-5 years, like ol7max mentioned...problem is the BIA seems to be working its way through all visa categories (fees, length of stay, HSMP palava, etc)....although this one is now a legal option...who knows, they might increase it to 20 years! Or, does he seem to like living in a state of fear! He has other alternatives open to him, so staying 'undercover' or whatever for another 5 years might be too daunting, especially if he is too afraid to work specific jobs (i.e. good career development) for fear of being caught.

This is something, along with everything else, we discussed at great lengths but it simply isn't an option for my husband for all the reasons you intelligently pointed out yourself. We are just too scared of immigration catching him out and of course we would be unprepaired and have no good case organised and put togher ready to put forward for why he should be allowed to stay. However I find myself sometimes being very tempted to tell my husband "I'll hide you for another 5years!!! C'mon lets just do it that way!! I'll keep you hidden!!" and just sit it out because by then, from what I understand, they would let him stay. But realistically, that's no way to live. So no. Not a realistic option, just a tempting one.

In terms of asylum....since he is Nigerian, I think his country is designated 'safe'! So the BIA might not grant asylum to applicants from Nigeria (although it is legally obliged to review all applications)...but he doesn't want to do that

No that's right. Unfortunately that simply isn't a strong enough tactic to play anymore as the threat simply isn't there anymore (in therory at aleast) but almost certainly would have the very strongest case to put forward when he first came 8yrs ago before he had even met me. He constantly kicks himself for not doing so. But we can only work with what is NOW.
(Although Nigeria is said to not unsafe from an asylum aspect I can't help but question something that has been bothering me. On the British government website it states that certain states of NIgeria are very dangerous to British travellers (many armed kidnapping of British travellers have been reported) and where we need to go is one of those states listed as 'no go' areas! They are strongly advicing that NO Bristons should travel to these areas for any reason. I would be a total idiot not to be very scared about this. Should I be?)

THANK YOU FOR ALL YOUR HELPFUL ADVICE! I am very grateful![/i]

[sakura]

Hi,

Maybe one of the reason's why your friend's/acquaintance's partner was still deported was because he applied whilst still in the UK? You can't 'switch' into a spouse visa if you're here illegally (some maybe rare exceptions, but this obviously wasn't one of them!). So, the BIA probably just ignored his application and thought...."hang on! he's illegal...get him deported!" rather than a spousal visa application. It's very important to note that you can't move into a 'legal' category from an 'illegal' category (unless you win a court case for exceptions, or unless you are with an EEA national...I think?) without first leaving the UK. So your acquaintances were unfortunate with that - did they reapply from outside?