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Thomas
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6434
Experience:  BA (Hons), PgDip, Practising Solicitor
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Hello, I have been in a relationship for two years with an

Resolved Question:

Hello,
I have been in a relationship for two years with an illegal immigrant,
He came here 2 years ago and was caught and detained in Ashford,and then moved to London to wait for his case. He didn't apply for asylum.As the condition in the detention was hard he escaped. I met him shortly after and he told me his story and we got together and I took care of him.He also has some friends here who helped him. We have been happy together i love his family sending presets etc
Now we decided to resolve his case somehow and went to give notice for marriage which was successful. We have all the proves and we are real couple.
Despite him being without visa,the registrats accepted and we got married in summer.
We have sent our application to UKBA application for residence card non EEA family member of EEA national.
We sent all the proves my payslips over the 2 years(i have quite good salary)tenancy agreement,passports, marriage certificates etc
Now we received a letter from UKBA that application has been received and will be resolved within six months or sooner.
He never had any problems with police and he has never been caught working or doing anything illegal.
What is our chance to get approval for residence card. Please let me know. And if there is a chance that they will come to check our house.
Submitted: 10 months ago.
Category: UK Law
Expert:  Thomas replied 10 months ago.
Hi

What nationality are you please?

Tom
Customer: replied 10 months ago.

Latvia and Algeria

Expert:  Thomas replied 10 months ago.
Thanks.

Drafting your answer now. 5 mins please.

Tom
Expert:  Thomas replied 10 months ago.
Hi

Thanks for your patience.

Provided that you have submitted the documentation that is generally asked for by the UKBA when applying for a residence card you stand a reasonable chance of getting the residence card.

This is because applying under EEA rights is different to applying under the Immigration Rules for foreign (non-EEA) nationals, where the fact that he did not have legal leave to remain and was detained and apparently escaped would be a big problem.

I would sound a note of caution about your reference to escaping from detention. This sounds quite controversial. There is an outside possibility that that the UKBA would attempt to reject this on this basis if they find that he might be a risk to the public good.

Generally, though, your article 8 rights to a family and private life are persuasive. This means that provided they accept that the relationship is credible and genuine then your right to be with your husband will get around most of the problems that a complicated immigration history like your husband’s presents.

You can probably expect that it will take the UKBA quite a long time to deal with the application because of the complications so you may have to be patient. In the event that they were to reject the application you should see a local immigration solicitor immediately about appealing.

I expect that he will eventually receive a residence card but it may take some time and you may be forced to appeal.

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Kind regards,


Tom
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6434
Experience: BA (Hons), PgDip, Practising Solicitor
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