Albanian applying for a uk spouse visa.

[sula1996]

Hi,
I am an English Citizen I have an Albanian Husband, we have a 10 month old daughter (who was born in February 2017).

We got married in May 2016, then subsequently applied for a UK spouse visa, on the 15/9/16 we found out it was refused, then we logged an appeal on the 07/10/2016, we went to the first court and was refused again under article 320 (11). We have now requested to go to Upper Tribunal Court last month. There was a number reasons why my husbands visa was refused:
- Driving without insurance (Three times, however, there was only one conviction on the CRB check)
- Entering the UK Illegally and using a false identification to enter once.
- Claiming an asylum on the bases that he was Gay, however this was obviously a lie.

So, they refused his visa. However when they refused the visa we believe the judge did not take into consideration that my daughter has a right to a family life (under article 8 ).

Is there anything we can do to help speed up the visa process, or anything we can do to help as we have spent two years nearly already trying to sort my husbands visa out and we seem to be not going anywhere. We have already contacted our local MP, who has sent a letter to the home office, however they did not mention anything about this in court...

Thankyou for any help/advise in advanced.

[Wanderer]

Think this one might be difficult, given his extremely poor immigration history.

Added to that Albanians have just about the worst repute for immigration offences in the country of anyone so you've certainly got a massive battle ahead.

You daughter has a right to family life sure, but not that this has to be in the UK, the mantra will be 'live in Albania'. It's a shame for the innocents, but your husbands actions are the direct result of this issue, he must shoulder the blame.

[Ballmigirl17]

Hi

Sorry for what you are going through, surely the fact you have a child should change this but no idea
My best advise would be you need to see an immigration adviser as soon as possible


I just wanted to ask, after you appealed how long did it take you to get a first court date?

me and my fiance submitted an appeal last week, he is also Albanian, but only law he has ever broken was entering the UK illegally, applications was refused purely based on home office errors not ours

Hope things get better for you x

[Elliewifetoalbanian]

Similar case - husband albanian we was refused by home office he had entered uk on fake passport handed this to home office done all his interviews in greek - so he was frustrating immigration rules and had bad behaviour - their words. We won at first tier tribunal our daughter was 10 days old at date of hearing. Home office said she could communicate via skype but judge ruled in our favour best interests of daughter to remain in UK. This was mainly due to my family ties - uprooting her would pull her away from a family network of support. Look at zambrano and ill dig out my paperwork for you in the morning and can quote the laws our barrister and judge used.