visa for spouse for unemployed or benefit claimin uk citizen

mrlookforward · Post by **mrlookforward** » Fri Jan 02, 2009 1:30 am

I have removed this post.

mrlookforward · Post by **mrlookforward** » Sun Jan 11, 2009 7:44 pm

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Post by **Frontier Mole** » Sun Jan 11, 2009 11:44 pm

mrlookforward wrote:
First: If I am again found by immigration and if I am at work that moment, what action will they take against me?
Not such a great idea to carry on working. If they find out then as a single Indian male you might find the immigration detention centre is where you are headed. What you are doing is a two fingered salute to the immigration law and might go a long way to demonstrate you have no regard for the law. That in itself may get you in the zone of significantly contrived - this is the magic phrase that any entry clearance will use to show that you did not do as you were told in the way of immigration. And then you could say goodbye to any return to the UK married or not.

Second: With my current immigration status, how likely is my success for COA?
It is possible but unlikely. It will also draw the conclusion that it is an attempt at a marriage of convenience. Think about it - did you mention your gf when interviewed or handed in any submissions? The relationship is one made while you are an illegal and is not one where you are actually living together. I would not hold out much hope.

Third: If I go back to India, and get married with my gf, will they issue me a spouse visa. ( I have all the my bank statements, all bills and proof of about 6000 pounds saving etc) My gf doesnt work at the moment, and is on some kinds of benefits, although I am not sure what kind of benefits.
The answer is more than likely. The question as always will be accommodation & maintenance.

Fourth: Do I necessarily have to go back to India which is my country of birth/citizenship or can I go to some other country and apply for a visa from there, eg Holiday and marriage in Jamaica and then apply for Visa while I am there?
You can marry where ever in the world you are allowed by local law. The issue will be the turn around time for a spouse visa application. It is expected that you will apply from your home country but that is not a legal requirement. If you apply in JAM expect to wait a couple of months for a decision! Not the best place to try what you are thinking.

Fifth: With my current immigration status in uk, is there any eea country that would issue me a eea family visa for being the partner or an eea citizen, and will they strictly ask for proof of cohabiting for past one or two years? Will my temporary admission document regarded as a proof of legal stay in uk?
Simple answer is NO.

Do not be surprised if your ILR application is refused. Being an illegal and the fact that you have built up a "life" in the UK does not really get you any where fast. The general view is that any "life" enjoyed as an illegal / overstayer has to be viewed against the context of maintaining an effective immigration control.

When did you put in your ILR claim & did you mentioned your relationship with your gf?

mrlookforward · Post by **mrlookforward** » Mon Jan 12, 2009 1:35 am

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Post by **Frontier Mole** » Mon Jan 12, 2009 8:21 am

Given you are highly removable, I imagine it will not take that long. They will want to see you on the plane ASAP. As it is an application outside of the rules so it is not that hard the refuse.

The COA route is now essentially closed to you as the relationship with your gf will be considered as starting after enforcement action.

I think it might be time to start thinking about how best to go back home. In the long run that is your best option. Better a planned return than an enforced return which will put more barriers in the way to returning to the UK.

mrlookforward · Post by **mrlookforward** » Mon Jan 12, 2009 5:16 pm

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Post by **Frontier Mole** » Mon Jan 12, 2009 7:18 pm

There will always be exceptions as you say.

I am not so sure you will get a full right of appeal if the ILR claim is outside of the rules. Not that it matters as you will have a right of appeal if you are served removal doc's.

You mention other people you are aware of who successfully claimed ILR outside of the rules, were they Indian or from other countries?
The reason I ask is that India is an easy country to return individuals to, while other countries are near to impossible.

Being on reporting restrictions is not a barrier to COA. Getting married on COA during reporting restriction will not always prevent removal.
The issue you have is that you have not even declared your gf to UKBA. So in going for a COA after your IS151A it will appear that you have sought a marriage of convenience.

mrlookforward · Post by **mrlookforward** » Mon Jan 12, 2009 9:11 pm

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mrlookforward · Post by **mrlookforward** » Mon Jan 12, 2009 9:19 pm

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Post by **Frontier Mole** » Mon Jan 12, 2009 10:58 pm

You would normally get detained first before service of removal doc's. They will not detain you unless you get caught in breach of your conditions and / or they get hold of the ETD.

Your art 8 is a human rights only appeal, which you will get. You will not be able to appeal against an adverse decision outside of the rules.

If you win your HR appeal you would get discretionary leave rather than ILR. It matters very little in the long run normally.

mrlookforward · Post by **mrlookforward** » Mon Jan 12, 2009 11:54 pm

Frontier Mole wrote:You would normally get detained first before service of removal doc's. They will not detain you unless you get caught in breach of your conditions and / or they get hold of the ETD.

Your art 8 is a human rights only appeal, which you will get. You will not be able to appeal against an adverse decision outside of the rules.

If you win your HR appeal you would get discretionary leave rather than ILR. It matters very little in the long run normally.

As I understand, all the removal procedures will be on hold until all my appeal rights are exhausted. I am just hoping that HO takes a lenient view on my application and grant me some kind of leave. If granted with a DL, all my problems will be solved.

Post by **Frontier Mole** » Tue Jan 13, 2009 12:15 am

Getting caught working will not stop enforcement action e.g. detention, offence action, prosecution or fine.

As for removal action, you will not be removed until appeal rights exhausted as you say.

Some people can be expect to be detained at various points along the way as it comes with the territory. You said you report to a police station not a UKBA reporting centre? Less likely to happen until the end game.

mrlookforward · Post by **mrlookforward** » Tue Jan 13, 2009 12:27 am

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Post by **Frontier Mole** » Tue Jan 13, 2009 12:56 am

Sometimes you do not get to choose your route home. Assuming you end up with an HR only appeal it can be determined fairly quickly and you can find yourself being served with the dismissed determination and removal documents all at once.

A negative HR determination is highly unlikely to get a further right of appeal. You might also find that now you have passed over your bio data the ETD process does not take that long regardless of what the Indian HC states. They just hand over the doc's once UKBA confirms ARE.

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visa for spouse for unemployed or benefit claimin uk citizen

visa for spouse for unemployed or benefit claimin uk citizen

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