Problems With Home Office!

[MIKE770]

Re: Problems With Home Office!

Before my brother moved to a very senior position in the DWP he was Executive Director of Enforcement and Removals for the Home Office. You'd be amazed at some of the problems they find when processing things. Equally it may just be an innocent mistake.

Which of the passport offices did he apply to? As has been mentioned already, the fact that they are married gives no legal right for him to stay in the UK. It might even be that as they were married at the time they were, the Home Office are investigating to ensure it is a genuine marriage, as a lot of people abuse this as a reason for staying in the UK, especially if they were married in a Church of England church as these are currently a loophole in the law, and it is purely up to the Diocesan Registrar whether or not they are allowed to be married. There have been stories in the press of corrupt vicars marrying couples in order to help them gain the right to stay in the country.

If he got a Certificate of Approval for a civil ceremony at this time, having just been declined by the Home Office, it might have aroused suspicion as to his motives for wanting to get married. It is strange they have been asked to send wedding photos etc.... why was this? I know someone who was declined a COA as a foreign national and they were asked to supply proof that their relationship was genuine by supplying past birthday cards, Valentines cards, photographs going back several years of them together etc...

I'm not saying this is what has happened, I'm just saying there are lots of reasons, including many you and I would never dream about, why it may have happened. Alternatively, as said above, it could just be a mistake.

If she is here long term and working, why does she not go to see her MP and get them involved. They would carry much more clout at the Home Office than any "ordinary" person.

You would be surprised at the extent of questioning and proof being asked for at Interviews, them asking for letters between parties/photo!s personal documents, well you have to follow their request as they will tell you "How can we make a judgment without seeing the letters etc! (they are not suppose to demand to see them) but it was another Catch 22 question.

[CleverClogs]

Re: Problems With Home Office!

Catch 22

If that's all they catch, it's no wonder they're failing to meet their deportation targets.

[shell]

Re: Problems With Home Office!

Noushki

I came to this country over 20 years ago and although I married a British citizen and had a child with him, it took over 2 years for them to grant me permanant residency.

Oh and I might add, that even though I wasn't allowed to work, I was still expected to pay the dreaded poll tax.

[Noushki]

Re: Problems With Home Office!

Hi Shell
Unfortnately I can see it is a case with lots of people. I guess my friends have to be patient and hope for the best. They did what they could. They reappealed, sent all the necessary forms and now time will show.

[shamen]

Re: Problems With Home Office!

If Noushki thinks this is unfair and unreasonable she should perhaps take a look at Homeland Security in the United States of America.

Now that is a crazy system. Ive been through it and its a nightmare. Just before my L1 work visa expired I went into the green card process. It was estimated it would take 3 years to complete the process. I was allowed to remain and work in the country while the process was ongoing, however if I left the USA then the green card process would stop and I would not be allowed back in as I had 'overstayed' on a previous visa. So I opted not to do that and came home to a sensible (ish) country

My friend (another brit ex pat) was 2.5 years into the green card process (1.5 years after his work visa expired) when his mother died back here in the UK. He could not attend the funeral as to have left the USA would mean the process ended and he would not get back in due to overstaying on the previous visa. After even appealing to very high up the DHS, his 'compassionate' requests were denied as the beurocracy had to follow the rules.

The rules are a shambles - you can legally overstay on a visa if you are in the green card process, but if you leave the country the process stops and you are classified as illegaly 'overstaying' on your original visa and denied re-entry.

You would be surprised at the extent of questioning and proof being asked for at Interviews

One of my co-workers in the US married a brazillian lady. The questions they were asked in their interview got him rather angry to say the least. Intimate questions along the lines of what she liked to do in bed were involved, any knowledge of her past sexual history and things like that, to give you an example.

Makes our system seem rather nice TBH.

[Caspar]

Re: Problems With Home Office!

What frequently happens in these situations is that he is sent back, but is free to apply immediately to come back on the grounds that he is married to someone who is legally here. Again they will be asked to prove that their relationship is genuine through letters, birthdays cards, photographs etc..... Anything that can prove they are in frequent contact as a genuine couple would be should be found and kept, even things like old mobile bills showing calls between them, e-mails that obviously have a date on them - retrieve them from the trash bin.

I fear they will have to prove their relationship is genuine to gain citizenship. I know it's frustrating seeing it as an onlooker. We've just had a very close Chinese friend sent home, even though we knew his relationship over here was 100% genuine. We tried everything we could to help, but alas he was sent back to China.

[Garlok]

Re: Problems With Home Office!

I am a bit lost here Casp. Have we not lost sight of the fact that he has married a Polish National. I didn't think that marrying a foreign national her albeit with entitlement to be here as an EU citizen entitled him to UK citizenship. At best I would have thought that he should go after Polish nationality hence having the knock of being ann EU citizen.

regards
Garlok

[MIKE770]

Re: Problems With Home Office!

British citizenship takes 5 years before you can apply (for info), but they should apply Polish first, then as E.U. citizen they are o.k.! but they have to be patient and follow the rules.

[Noushki]

Re: Problems With Home Office!

They have knows each other long before they got married and they had no problems proving they were genuinelly in love and he did not marry her for the citizenship. They have sent all the papers and evidence to Home Office a year ago.

I did not know that he should apply for Polish citizenship first, that is a good idea. I will suggest it to them. Maybe that process will be less painful.

Thank you!

[MIKE770]

Re: Problems With Home Office!

Apply Polish as she is Polish citizenship otherwise just possibly time wasting?