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Senior Partner
Senior Partner, Solicitor
Category: UK Immigration Law
Satisfied Customers: 13325
Experience:  Solicitor
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I am 33 year old british born woman with 2 children from previous

Customer Question

I am 33 year old british born woman with 2 children from previous marige, i met my current husband in 2006, we lived together from 2007, he is algerian and enterd th uk illigally back in 1996, because he is not legall here he has always worked but used fake i.d. (i know is wrong) i was aware of this.
we married first in a mosque in 2009 as we are both muslim, then we decided that in order for us to make a life together and in order to do this we would need to apply for c.o.a. then we would marry in a register office and then he would return to algeria and apply for entry clearance,
while in process of applying and waiting for c.o.a. my husband was working as a chef, to cut a long story short, he was found and arrested sent to prison for 2 mnths, then to detention, he was released january 2010 as i told them he would be going back to algeria after we got maried, and this is what happened, he has been ther for 8 months now as i lost my job just after he left, i was working full time but now i work part time and get help with housing benefit and tax credits, im woried on this basis and that he was in prison he will be refused, its very hard for me to work full time as i have 2 children. I have no mony saved and just about make ends meet. he has a letter of job offer and 10.000 euros that his father gave him which we have provided proof of to bring to uk will this help, do i have to work full time still and not recieve housing benefit or tax credits, i could never find a job that i would be able to afford the full rent and pay chidcare its imposible, please answer these questions and any advice would be much appreciated thank you.
Submitted: 6 years ago.
Category: UK Immigration Law
Customer: replied 6 years ago.
Relist: No answer yet.
Expert:  Fran-mod replied 6 years ago.


My name is Francine, and I’m the Legal Category Moderator for JustAnswer. My job is to assist customers with pending questions for the Legal Experts here at JustAnswer.

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Customer: replied 6 years ago.
yes i would appreciate that, i have been waiting a while now. many thanks. Customer
Expert:  Fran-mod replied 6 years ago.
Hi Customer,

Unfortunately, our experts report that your question is underpriced for the amount of time it will take them to address your many issues. You should have received an email from customer service with the recommendation that you offer $30.

You don't have to raise the value of your question. However, if you need my assistance to change the value or would prefer that I close this question, please let me know.

Customer: replied 6 years ago.
well thats fine up the cost i will agree, just need an answer soon please
Expert:  Fran-mod replied 6 years ago.

Taken care of. When an expert replies, you'll get an email.

Customer: replied 6 years ago.
ok waiting.....
Expert:  Senior Partner replied 6 years ago.
Ho I ma sorry you have been waiting for a response. Can you give me some additional information. How long has he had the 10,000 euros? Will he be able support you with his job. Was he subject to a deportation order? what was he convicted for ?
Customer: replied 6 years ago.
ok he has had the mony for about a month before he applied it was given to him by his father, and his father did a letter sworn in front of a solicitor, and the mony is in his own bank account now., yes he can support us with his job he has proof of a letter from the place he will be working, showing that the job is open to him on his return to uk, and that its a full time 40 hour per week job £8 per hour.he was convicted of haveing fake id and working illigally, he was not deported, as i went to see the immigration people my self after faxing them a letter when he was refused bail, they asked me to come in, i showed them proof i had booked our wedding i had bought his tiket to go back to algeria, they released him later that same day. i have given them my payslips 6 months woth. but i was made redundant 1 week after he left to algeria, then we had lots of paper work to gather and it took 5 months, so i thought those payslips would be old i got a new job full time sent him the first payslip, then he applied, but now i work part time as i couldnt cope with the pressure and children, and childcare issues, will this all go against us now, thank you, XXXXX XXXXX valued response
Expert:  Senior Partner replied 6 years ago.
Thanks for the additional information. the good news is that because your husband is applying for a spouse visa he is not automatically barred because of his conviction for used forged documents or illegal stay. However there is a right of refusal based upon this so there is a considerable risk. Additionally he has to show that you will be able to support your self without recourse to public funds so the Border Agency will need to be convinced of this and the fact that you are receiving benefits will not help - you will need to persuade the Border Agency that his job offer is genuine and with the funds you have you will be bale to live without receiving benefits. The fact that he has only had the money from your father in law for a month also is not helpful as the border Agency like to see money being available for t least 3 months before the application. You will need to emphasise the positives. i.e. that he left voluntarily as promised , that he has a job ( and you need to make sure you can prove this is a genuine job offer). I assume he is not supporting you at the moment and it would certainly help if he was and you were not claiming housing benefit. The botXXXXX XXXXXne is that it is not a good application and you can be rejected on either on the grounds of his breach of the rules and use of fake documents or that the border agency is not satisfied that you can support your selves without recourse to public funds but if you can make a persuasive case they may allow the application.

Edited by Senior Partner on 12/8/2010 at 8:56 AM EST
Customer: replied 6 years ago.

we have already submited the application, and even if i worked fulltime, i would still recieve some benefits as i dont have the qualifications to get a well paid job, another lawyer told me as long as the benefits are only in my name and he will not claim that will be fine but you say different, cant they understand im a single mum of 2 and its very difficult.


i have given them the letter of the job offer with all the details of how much it will pay him and the contact details of the i guess it will be refused, what can i do if it refused, or wat can i start preparing when it gets refused?



Expert:  Senior Partner replied 6 years ago.
Well if you are refused you can appeal or submit an application again taking into account the reasons for refusal

I am afraid the rules are clear however that you must be able to support yourselves without recourse to public funds

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