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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 6515
Experience:  BA (Hons), PgDip, Practising Solicitor
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Temporary admission to UK: I need help as I have been given

Resolved Question:

Temporary admission to UK:
I need help as I have been given a temporary admission to enter UK and my and my daughter's passport has been taken away from us. The background of my case is as follows;

I am from Pakistan, I obtained student visa for 2 years (Exp date Dec 2012) on Stratford College of management and entered UK in Jan 2011. My ESOL course duration was only 8-9 months. I started my studies at the college but had to return back to Pakistan in May 2011 to see my daughter as she fell ill. My leg got fractured in an accident while I was in Pakistan so could not return on time to take my exams. I contacted my college and was advised that I can defer this session and can join session starting in April 2012. The college issued me with all the relevant letters and I decided to fly back to UK in March 2012 to rejoin my college. As I had valid visa till dec 2012 so was advised by college and UKBA that there is no need to reapply for new visa.

When I entered UK in March 2012, I was stopped at Heathrow by immigration officer because apparently my college has been suspended UKBA sponsor list. My ex-husband was at Heathrow to pick me up. I was 7 months pregnant at that time with our 2nd child. The ECO spoke to my partner to double check the purpose of my visit and our relationship status. My partner told ECO that we will be staying together and are planning to get marry again in near future. We also have a 3 years old daughter together who was travelling with me.The immigration officer gave me and my daughter a temporary admission for 2 months due to my condition and let me go with my partner but they took our passports.

I gave birth to a baby boy in June 2012 and he obtained British citizenship because his father had an indefinite leave to remain in UK. I could not attend college because it has been closed and could not find another college as my original documents are with Heathrow UKBA. Me and my partner have decided in the meantime that we want to get married again and he wants to sponsor me and our daughter for dependant visas. We have sent a letter to the relevant case worker at Heathrow explaining him of our intentions in July 2012 and also asked them to release my and my daughter's documents so I can marry and regularise my stay as a spouse. I have also sent them a copy of my Son's British passport and birth certificate.

They have not taken any decision my my case yet and keep on extending the temporary admission. My student visa expired in Dec 2012 and my temporary admission is due to expire on 28th January 2013. They have asked me to come for an interview on 28th January I am very confused and scared because they might deport me and my daughter. I am from Pakistan and my family does not know that we are together again and have got a second baby. I know my family will not accept it because they did not want us to get back together.I am scared for my life because I am not married to my partner and giving a birth like this will dent my family honour very badly and they can do anything to me. But can they deport us when my newborn son is a British national and my partner is willing to sponsor me for spouse visa? Please guide me on what to do and how should I go about my case. Just to inform you that my partner has another daughter as well in UK with with some other woman.

Regards,
Yasmin
Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  Thomas replied 1 year ago.
Hi Yasmin

you are married to the father of the child and they are a UK citizen, correct?

Tom
Customer: replied 1 year ago.

Hi Tom,


 


I was married to him but we divorced in 2009. He has indefinite leave to remain in uk. We are planning to get married again.


Regards,


Yasmin

Expert:  Thomas replied 1 year ago.
Hi,

Are you going to marry and apply for a spouse visa before your current visa expires?

Do you have a well-founded fear that you would suffer persecution if you were returned to Pakistan?

Tom
Customer: replied 1 year ago.

Hi,


My student visa expired in December 2012. I ll apply for spouse visa after marriage. Ukba might have delayed my application intentionaly sso that my visa can get expired because they are holding onto my documents since April 2012.


I am definite that my family will not like the fact that I got pregnant withou getting married bbecause in my country it is considered a sin and they can do anything to me. They wanted me to marry someone else but I kept on refusing.


Regards,


Yasmin

Expert:  Thomas replied 1 year ago.
Hi

Thanks for your patience.

You really need to instruct a solicitor straight away. Ultimately you will have to apply for a spouse visa.

If the application is well prepared and you meet the following eligibility criteria then it will make the application easy and quick to decide upon for the UKBA. To be eligible, you must show:-

• 1. That you are legally married to each other
• 2. You are present and settled in the UK
• 3. You intend to live permanently together here in the UK as husband and wife
• 4. You can support each other without the need for public funds
• 5. You have suitable accommodation which is owned or lived in only by you or your household and where you and your dependents can live without any help from public funds
• You must meet the financial requirement:-
• http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/spouse-cp/can-you-apply/financial/
• Further guidance:-
• http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/IDIs/chp8-annex/section-FM-1.7.pdf?view=Binary

• This means that the UK based spouse must earn a minimum income threshold of £18,600. Alternatively, if you have savings of £62, 500.00 then you would not have to prove any salary. You can also use a mix of the two.
You have to produce to the UKBA documentation that proves the above. This would be some of the following:-
• Bank statements from both you and your spouse going back 6 months showing the income/capital you have available
• Payslips (6 month of) and a letter from your employer stating that you have a permanent job, contract of employment
• Documentary evidence of any other assets you hold (eg. Shares, evidence of ISAs or bonds)
• Marriage certificate, Birth Certificate, passport
• Evidence of correspondence between you and your spouse showing that the relationship is credible and genuine (eg. Emails, letters, evidence of previous trips, photos showing you together, phone records
• Evidence of the accommodation where you will live or that you can afford to accommodate yourselves once here.

• Further information here:-
http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/spouse-cp/documents/maintenance/


You will need to apply for settlement (ie. spouses visa).
The difficulty is that you will become an overstayer if your temporary visa expires. This is a general ground for refusal for an in-country application. Further, you are generally not allowed to switch to a spouse visa when you are in the UK on a temporary basis. This is another general ground to refuse an in-country application for a spouse visa.

However, if you were to apply for a spouse visa from your home country then the overstays/temporary admission would not be a problem.

If you genuinely consider that you have a well-founded fear of persecution if you were returned to your home country then this could form the basis of an application for asylum. Though it would probably be better to apply for a spouse visa then this issue can help you in attempting to argue that your in country application should be considered but you need a solicitor to make that argument for you.

The best advice I can give in the circumstances is for you to have a consulation with a local immigration solicitor with a view to instructing them to act on your behalf.


You can find Uk immigration solicitors through the following Law Society Website search engine:-
http://www.lawsociety.org.uk/choosingandusing/findasolicitor.law


Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE or above if you are satisfied that you have received the correct legal advice (even if it is not the answer you wanted to hear), otherwise I do not receive any credit for answering your question.

If you are not willing to rate my answer as OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE then allow me to assist further by replying asking what clarification you require rather than rating my answer at levels below.

If you wish for me to provide you with further guidance on any question you may have in the future then please submit a further question to the board requesting me either by my profile or by marking your question. “FAO Tom”.

Kind regards,


Tom
Customer: replied 1 year ago.

Hi,


Could I get a leave to remain in UK As my newborn baby is British national. His father does not want him to leave the country and go to Pakistan. Can they send my son back as well if I am not allowed to stay?


Regards,


Yasmin

Expert:  Thomas replied 1 year ago.
Hi

There is a visa category for parents of children are subject to contact orders with a father of the child from county court under the children's act. However u k b a would regards XXXXX XXXXX with her father has been one of a loving relationship and not to estrangebeing the case they would require you to make an application for a spouse visa instead. Please rate my answer. Kind regards.

Tom
Customer: replied 1 year ago.

Sorry I did not understand the answer. Can you please rephrase it

Expert:  Thomas replied 1 year ago.
If you are in a relationship with her father then you cannot apply simply because your child is a british citizen. If you have split up from the father than you might be able to make an application if there was an order from the court stating that the father should have contact with a child even though she lived with you. On the facts you cannot make this application because you are in a relationship with father.

Please rate my answer.

Kind regards.

Tom
Customer: replied 1 year ago.

so the best course of action would be to make a spouse visa application and try to present an argument on my and kids safety concerns in Pakistan so ukba can let me make an in-country application.


 


Yasmin

Expert:  Thomas replied 1 year ago.
Correct, but you need to instruct a solicitor. This really is the best advice I can give. There is no substitute for instructing a solicitor.

Please rate my answer in now you will agree that I have more than answered your questions.
Thomas, Solicitor
Satisfied Customers: 6515
Experience: BA (Hons), PgDip, Practising Solicitor
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