A messed up immigration history

[whitebedspread]

Good day all,
I am delighted to be part of this forum to share personal views and advise individuals on the way forward,hence my personal case that needed to be resolved;
I came into the UK in June 2006 on a tourist visa from a West African nation and had since overstayed the conditions of my visa as a tourist after I had returned home to renew my visa for a subsequent 2 years.
I got my visa renewed for a 2 years entry clearance on the same tourist visa and decided to stay in the country when I met my partner from the EU in 2008.We decided to regularise my stay in the country by submitting the application for the EEA2 residence permit with a lawyer in London but unfortunately the lawyer messed up all the applications for me as he submitted my application with a different partner entirely and submitted my partners document with a different person too,that is he interchanged the applicants and the sponsors.....only God know why.Now this is how the problem started:

1. The HO sent a letter requesting for further documentation for the application that was submitted but the lawyer refused to inform us about the latest development about the application cos all correspondece is directed to him.

2. I called the HO to speak to them about it when I realised what was happening but nothing was forthcoming so I decided to withdraw the application from the lawyer and take it to another lawyer who decided we should reapply.

3.Before reapplying,due to the fact that I was studying and I never wanted the UKBA to stop my study,a lawyer decided I should apply for Discretionary leave pending the time I will finish my study at the University.

4. I sent in another application on EEA2 with my partner on Dec 2010 to correct the anomalies but to my dismay the HO refused the application on the basis that it was a marriage of convinience.I discussed it with my partner and we decided to appeal.

5.However,during this period I was studying for my PGD at the university and I have since finished the programme.But unfortunately,cos life was becoming difficult and I lost my job,my partner started behaving funny cos we had no child in the relationship but still trying for one.

5.During the appeal,my partner and I parted ways cos she refused to understand my plight and believed I caused all the problem cos she was accused of marrying someone else too in the refusal letter sent to us but that was the handiwork of the fake lawyer we used in our application at the initial stage.

Since 2011,I have been served a letter by the HO to report to a local police station for signing and it was stated in the latter that a temporary leave is given until I will be removed from the country as they withholding my passport.I decided to remain at large until I will decide what to do.
I am presently in a relationship wih another lady who is a British and we are planning to put up a family soon but yet I am still carrying the HO cross above my head.....PLEASE ADVICE

[MPH80]

Ok - let's ignore pretty much everything that's happened prior to now.

Your current situation:

1) You have a very dodgy immigration history - so any marriage application is going to be looked at closely.

2) You're in a relationship with a british person

3) You're planning a family with them.

Ok - so let's say you get married to your new partner. You can no longer qualify under article 8 to get discretionary leave, so you'd have to return home to get a spouse visa.

But also let's say you don't do that - let's say you have a child instead - then we need to look at article 8 in that circumstance:

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

The key bit here is about whether they would remove the person who ISN'T the primary carer. Paragraph 11 seems appropriate.

This says that if you had a poor immigration history (and you do) you might still be subject to removal.

So - all in all - it looks like your best option is to get married with solid proof of your relationship and return home and apply for a spouse visa.

M.

[whitebedspread]

Thanks for your prompt reply.
Your reply was straight to the point but considering the ffg:
1.New regulations into effect 9 July on the finance threshold of the spouse £18600....
2.She stopped working at the beginning of this month coz her son requires more attention as a registered disable.
3.She will be unable to travel out of the country for any reason due to the state of the child and the care that he needed.
However,I will be ready to apply for spouse visa out of the country if a lawyer can clear me of all the anomalies in my immigration history and have a letter to hand to include in out of the country application to convince the visa officer that I have been cleared of all bad immigration history.
Your advice is appreciated.

[whitebedspread]

The link aforementioned in the earlier post has been removed from the UKBA website.......

[MPH80]

Honest opinion?

Given the circumstances - I think you should give up on living here and return home.

- Your partner doesn't work - so you can't qualify under the income rules.
- Your dodgy immigration history means that even if you have a child with your new partner, there's a chance of you being removed anyway.
- You will have to wait many years to start a discretionary leave claim given you're here illegally now.

I do not believe it would be fair on your new partner or particularly on any child you have to put them through the worry/stress/heartbreak of this kind of immigration situation.

(on the previous link - copy and paste the entire line - don't click on it - it's the apostrophe causing a problem)

[whitebedspread]

Thanks for your reply.