Advice needed for illegal immigrant, asylum, JR and appeals

[lucyLIPS]

Hello, I'm new to this so apologies.
I am a British woman with two British children. I have been in a relationship with an Albanian man since July 2015. He was here illegally and he was living me with for the duration of our relationship.
He was arrested in December by immigration and has been in a detention centre since. Initially we were going to send him home and bring him back under a fiancée/spouse visa application.
His cousin advised him to stay here and claim asylum based on a blood feud within his home country.
His claim for asylum and the human rights claim was refused. After which, we applied for a Judicial Review. Today I have had a letter stating that this too has been refused, although, we are able to appeal against this decision at a oral hearing for a fee of £600.00.
I'm just looking for advice I guess of what happens next? Has anyone else been in a similar situation before and what was the outcome?
He hasn't got a criminal record so it's just the fact that he came here and worked illegally. He had been here about 2 years and 3 months prior to his detention in December.
Has anyone ever gone through all this and then failing this then applied for the fiancée visa, I suppose my biggest concern now is that, if he is sent home following this appeal being refused, the fiancée visa will also be refused because the Home Office are trying to teach him a lesson?
Any suggestions or advice would be gratefully received. Thanks

[noajthan]

A somewhat related case (unmarried partner):
immigration-for-family-members/illegal- ... 95955.html

and another (unmarried partner):
http://www.immigrationboards.com/immigr ... 99208.html

A husband case:
general-uk-immigration-forum/immigratio ... 99400.html

[Highly_Skilled]

He hasn't got a criminal record so it's just the fact that he came here and worked illegally

It's JUST the fact that he came and worked illegally? Why do you dismiss this as though it's like littering? Your partner has willfully entered the UK illegally and then undertaken employment illegally, which could have been undertaken by a law abiding migrant or indeed a member of the resident labour workforce (as per UKBA terminology).

The Home Office view this very seriously and is in fact a criminal offence. Perhaps your partner should have the same view. You can't flout a countries immigration law and then expect them not to remove you.

It's because of this that the Home Office will impose a 10 year re-entry ban (providing he is removed) and therefore won't be "teaching him a lesson" but adhering to the immigration rules.

Anyway, regarding your case. Since you have only been in a relationship for less than 12 months, you don't meet the requirements under Appendix FM. You are not married and you haven't been living together in a relationship akin to marriage for a period of 2 years. Putting the financial requirements aside.

He does not have sole parental responsibility for children in the UK,so cannot meet the requirements under the Parent route. Paragraph EX1 is therefore not applicable.

You could make an argument regarding his private life but he would need to demonstrate how he has lost all social, cultural and family ties to Albania, having only been in the UK for 2 years.

You could try and make the argument that your children are dependent upon him (and yourself) but again this would fall for refusal given the short term of the relationship. Furthermore, his human rights have already been considered as part of his Asylum refusal. The only thing that may not have been considered is your human rights and those of your children. However, the Home Office will argue that any seperation is temporary and you were fully aware of his immigration status when the relationship commenced. Additionally, there is no mention of your children's natural father.

Best bet is to allow your partner to voluntarily depart from the UK incurring only a 12 month ban and then looking at re=entering LAWFULLY after 12 months. Alternatively, you relocating to Albania or looking at the Surinder Singh route.

[Casa]

Unless there is evidence of 'frustrating the Immigration Rules' by using false documents, unpaid NHS fees (over £1,000) etc., there is no ban when applying for a spouse or fiance visa. That's assuming all the standard requirements are met... income, evidence of a genuine relationship, A1 English, adequate accommodation etc. Be aware however that a fiance application will come under a great deal of scrutiny.

[Elliewifetoalbanian]

Hi Lucy.

I can't come on here and promise you everything is going to be okay as it's a long and difficult journey but I'm here if you want to chat!

My husband an Albanian was detained march 2015 in the Verne for 8 weeks. Home office booked him a plane ticket and refused bail.

You would need a solicitor to put in a strong human rights claim and get him out on bail while his application is pending. It's not easy and not cheap but will hopefully get him out of detention.

My husband was released on bail in May, refused human rights claim in August, we married September and have a baby due in 12 weeks - we put in an appeal to first tier tribunal and are still awaiting a date. It's stressful but we will fight until the very end.

My husband also entered illelegally (plane with fake documents) and worked illelegally. Yes they have both made mistakes but we need to look to the future.

[Obie]

With the British children and the fact that you have been in a relationship for up to 2 years, I believe there may be a good human right claim. .

I will focus on the human right more.

Is he the father of the 2 children or has he been playing a role in their upbringing. .

[lucyLIPS]

Hi I am new to this so not entirely sure I am posting in the correct place, apologies if I am not.
I too have applied to sponsor my Albanian fiance to come to the UK for us to marry.
We took all our documents to the location in Tirana on July 11th 16, at this time we paid for the priority visa. We were hoping to have a decision within the advertised 15 working days.......no such luck.
28 working days later we had a telephone interview, both my partner in Albania and me in the UK. Both of us were told at the end of the call that we should expect a decision the following week. It has now been a further 14 working days and we are still waiting to hear from them.
Has anyone had this happened to them please? Or does anyone know if this is standard waiting times for a decision once the interview has taken place? Any advice on this would be gratefully received.

[lucyLIPS]

Hi, I am new to this but would be grateful if someone could provide some information on my current situation please. I am a British woman, sponsoring my Albanian fiance to come to the UK to be married. He lived with me for 6 months prior to being arrested for being here illegally. He returned to Albania and I have visited him twice while we have gathered the relevant documents to submit our application. We both attended the visa centre in Albania on the 11th July and submitted the documents, we paid £500.00 at the time for the priority service in the hope that we would have our visa within the advertised 15 working days......no such luck!

28 (working days) later on the 18th August we were contacted and they requested to interview us both, via the telephone on the following day. We were both contacted separately and asked questions about our relationship. We both fell the interview went well, after all we had nothing to hide. We had lived together for 6 months prior, he was involved in my children's lives, we had over 100 photos, both with my family at weddings and with his family and friends while I visited Albania. We meet the financial requirements, no problems there. We had a lot of evidence we felt and had the assistance of a solicitor who compiled a cover letter to accompany our application and documents.

At the end of the interview we were both informed to expect a decision the following week. It has now been a further 14 (working days) and we are yet to hear anything.

Has anyone been in a similar situation? Or does anyone know if I should or shouldn't contact them incase there's been something lost? I'm just a little confused as the application had obviously bene reviewed, thus prompting the interview and after getting our hopes up of hearing from them the following week, we've had nothing but a deafening silence since?
Any help or advice would be gratefully received. Thanks in advance

[lucyLIPS]

Hi, thanks for all the responses I'm a little late on here but we have been busy.
He returned to Albania voluntarily in May. I have been to visit twice and we have submitted the visa application for me to sponsor him to return to the UK and marry. We meet all the requirements (as advised by our solicitor)
We both went to the Visa centre in Tirana Albania on the 11th July 16 and submitted the documents. We also paid the £500.00 in the hope that it would speed up the process. 28 (working days) later we received a phone call requesting a telephone interview the following day. Both my partner and I were interviewed separately and at the end of the call we were advised we could expect a decision the following week. 14 (working days) later and we have not heard anything more.
Has anyone got any advice of whether this is a longer than usual period to wait after the interview has taken place please?
We both felt the interview went well, they asked me questions about his family, siblings, date of birth, skills etc.. They questioned him more about his immigration history, he said he was honest and made apologies. I guess it's difficult to gauge these sorts of questions. He answered questions about the children and I in addition to this and felt that part of the interview went well.
Any advice, expertise or similar stories of this occurring would be gratefully received. Thanks in advance for any help

[Botaime]

Hi girls can any of you provide with any updates similar situation married to an Albanian 1child together he is currently been detained at the Verne Portland? They refused his release from there .

They have his visa application but they haven't started to look at it yet we have been advised it is being classed as urgent?

[Obie]

Why is he detained? What is your nationality and the nationality of your child?