So il start from the beginning,
My husband is from Brazil and Im Irish (living in the uk for 13 years paying taxes Nic etc) We got married in Ireland and obviously have a Irish marriage certificate, we applied for a EEA family permit for him to come to the UK, and it has been a disaster,
We submitted his first application for his visa and received the notification that he had to wait up to 6 months for an answer. While he was waiting for this decision, a letter arrived 19th of September saying that he could be detained and to report to local police station. The receipt of this letter prompted us to find out why he had not received the decision letter/answer from the Home Office and immediately contacted our Lawyer. I was Informed by him that he also had received no notification of any decision from the Home Office.
On the 22nd of September, we received another letter stating his family member, (husband) who is Irish living in the UK for the last 13 years had no Leave to Remain, which isn’t true.
On the 19th of September my Lawyer contacted the Home Office and I had to wait 10 days for the Home Office to find the decision letter. On the 29th of September my Lawyer was emailed the decision letter for his visa stating it was refused. This letter was dated the 23rd of JULY. I immediately started a NEW application for his visa, but of course this was nearly 8 weeks after the decision on his first visa application was made (of which neither my self or my Lawyer had any notification) While he was reporting to local Police Station my Lawyer submitted a new application correcting the mistakes from the first application and the second application was submitted on Friday the 10th of November. My lawyer has proof and receipts that the second application was delivered to the relevant department within the Home Office.
On Thursday the 16th of November, he was detained at local police station, and the immigration officer said they had no record of a new application and if my Lawyer could find it his removal would be stopped and he would be released as he was booked on a flight at 8:10 pm that evening. My Lawyer was made aware of this situation and couldn’t believe what he was hearing, he faxed and emailed the proof he had of the new application to the relevant department in the Home Office and the flight was stopped.
Since this my Lawyer has been trying in vain to get the paper work and proof of his new application to somebody as this application was made before his detention but was not updated on the Home Office system in time for the immigration officers to see this.
Since Thursday the 16th of November he has been in Colnbrook Immigration Removal Centre. My lawyer made some progress with the Home Office and told me that it will now take up to 10 days to make 1 of 3 decisions, (which is long gone)
1,Release him and let me continue to wait for the 6 Months at home with me for the decision on the second application.
2,Issue his visa for the UK and release him.
3,Detain him while the decision is made.(which is the one I think they have chosen)
This has been a giant mix up from the beginning. There was a delay in the receipt of the decision letter from the Home Office.
he received the letter of his removal BEFORE he received the decision letter about the first visa application.
There was a delay in the Home Office Finding my new application and thus his detention was made on the first application.
He has a second pending application which is now in the system but yet he has been in Colnbrook since the 16th of November, With no information as to whats happening with his situation with no contact from the Home Office OR immigration.
I do not understand what is happening, because he has complied with ever aspect of the law.
Since this he has decided that he wants to voluntarily leave the UK at his own expense, which they were super fast at getting the paperwork to him to sign away any application for a visa he has, but yet he's still in the detention centre, and no one including our lawyer can find out why, If Anyone has any info or advice we both would really appreciate it, this stress has been unbelievable, Thank you.
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