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Topic: Detained at Immigration, what is my next step?  (Read 844 times)

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Detained at Immigration, what is my next step?
« on: January 25, 2007, 03:32:52 PM »
I am a non visal national. Have not worked for the past 2 years since my boyfriend a work permit holder has been posted here.
I have though the 6 mths per visit was the way for us to be together and happily did so in/out until IMmigration officer said 'its  6 mths per 12 months' in addition that i had a attitude problem (i got scared so i became defensive. yes i know. eternal error)

I need help to find my next available steps...

WE CANNOT get married because he has his divorce papers pending since 2001.(pending due to technical loophole his 'wife' is exploiting)
Its started to look a little hopeful as last month they decided to agree to try to settle out of court. Note: He is a muslim, I'm oriental.

Back to the immigration problem. She, the IO took down the dates, asked why I lied about the time the last time I came in. (i told her honestly that i thought nobody would beleived i was not here to work)

 My boyfriend was let through already as he is a work permit holder. I realised later she grilled him saying 'you guys are playing the system' to which he explained we thought its 6/mths ..He pleaded for me basically .

The IO told me I need to get a visa, ebcause i am not a visitor here as i have exceeded more than 6/ 12 mths when she saw all the entry exit permits (after asking me how long i was there for)

In the end she let me through. and The Head CIO came to sternly give me a warning of 'lying'. The IO She also mentioned she had taken into consideration how i couldnt apply for a visa as my bf hasnt gotten his divorce papers.

They stamped me for 6 months (its a brand new year as i just entered) but the stampw as different now..with a case reference number and 6 months was manually written.

She did ask me HOW LONG will you stay for HONESTLY this time. I said 3 months
i am hoping to stay as longn as possible before the 6 mths is up because i dont know if i will be let in the NEXT TIME.

This is devastating for me because i had hoped hs divorce papers would be through while hei s in the UK and i am largely here for most of the time with him (never overstaying 6 mth per stamp)

NOW i realise everyone says its a 'grey area' and up to the discretion...I'm not sure what I can do the next time.

I asked the IO, 'how can i come in the next time' she said 'tell the truth' I asked the CIO, he said ' u have to satisfy them'..they didnt say anything about 6/12 per year...perhaps its because i told them this time i was staying for 3?

I dont know how long before the divorce paper.

Should I leave in 3 months because I told the IO I would? and risk not able to coome in again but explain that I left when I said i would?

Or should I try to stay as long but not overstaying and hope there will be some other visa i can apply for (i'm unskilled , work permit will not help..student visa not sure if its helpful now they know I WANT to be with him and i was only looking at a 1.5K pounds course in the UK)

WE dont want to stay here permanently. He will leave when the company tells him to return which may be next year maybe not. I just want to find a way to make it with him since we have been together since 2001 (but i could visit every week as we were only 5 hours away until he got assigned to work in the UK) and i've been in/out visitor every 6 mths to see him as of 2004 he has been supporting me.and now this has happened.

I would appreciate any advice ont his.

We dont have joint anything (mortgages, loans,nothing)
I would have the 2 year but its from  being here as a visitor visit

IS there any help?
Calling a lawyer. i dont know where to start to ask because my questions are here and everywhere. I've read the Immigration rules and stuff and laws here there,but was looking for view points and any new light someone can shed.

Please.

Thank you so much for listening if you have the time. I'm very devastated.


It is ok if there is a visa that allows me to stay here and not work but just to stay together.
i am a little scared to post here as well to be honest...

addnote: not sure if this is a desperate situation but a muslim can marry up to 4 wives given certain conditions. if we are able to get married while his divorce is pending, can he still bring me in as a wife? (yes i know how bad i sound...  :\\\'()
« Last Edit: January 25, 2007, 03:49:12 PM by donut »


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Re: Detained at Immigration, what is my next step?
« Reply #1 on: January 25, 2007, 04:22:49 PM »
You are EXTREMELY lucky that you were granted entry to the UK.

First of all, as you have told immigration you will leave after three months, then you must do so.  Although staying longer is not illegal, it will show that you lied to immigration when you said this was the length of time you woudl stay, and it will mean that your chances of being allowed into the UK are slim to none.

If you can't prove that you have been living with yourpartner for two years, cannot get married, cannot get a visa in the UK on your own (ie work.student visa) then the visit visa is the only option.

The UK will not recognise a polygamous marriage.

Vicky


Re: Detained at Immigration, what is my next step?
« Reply #2 on: January 25, 2007, 04:35:13 PM »
Can you describe the stamp they put in your passport?  Pentagonal, Large Square, Rectangle?  And anything else handwritten besides the 6 months?

The visas issued to polygamous families only allow one wife in the UK at a time, and like Vicky says, they are not recognized in the UK.  You could really bollux things up by trying something as conspicuously unconventional as that.


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Re: Detained at Immigration, what is my next step?
« Reply #3 on: January 25, 2007, 04:44:52 PM »
Thanks Vicky and Garry. I realise I am very lucky but now very scared because we did not honestly know about the 6/ per year 'instructions'. We thought we were ok.

The Stamp is Rectangle
with a Reference Number with 3 Letters,SPACE, 2 numbers, SPACE, followed by 3 numbers (handwritten_
and then it says Leave to Enter for/until
SIX MONTHS (handwritten)
No Course to Work or recourse to public funds.

(i thought the desperate way was to get married in malaysia, have a valid marriage cert) and i read a muslim can bring up to one wife in the  uk   'If your husband or wife has more than one wife or husband, only one will be allowed to join them in the UK.'

http://www.ukvisas.gov.uk/servlet/Front?pagename=OpenMarket/Xcelerate/ShowPage&c=Page&cid=1018721067257 [nofollow]


(while waiting for this 5 year pending divorce papers to go through)....

(we have wanted to get married since few years ago but it was always pending divorce papers)

some other qtsns 1)Do they scan the passport at heathrow

2)do they keep all the landing cards obtained from me all these time?

3)would they call my country to verify since when i was last in/out of the country?

the problem is before they let me through..i told them my previous visits were 2 months which wasnt true. it was perhaps 4-5 months....

what would happen now since they recorded my previous visits were 2 months (untrue) and if i leave on the 3 month as i said i would and then if the next IO asked what were all my previous visits. DOi say what is on record (with them) because if I say the truth (then it would mean i lied about the ones on record onfile with them)..

« Last Edit: January 25, 2007, 04:57:38 PM by donut »


Re: Detained at Immigration, what is my next step?
« Reply #4 on: January 25, 2007, 04:57:49 PM »
That is a standard LLR stamp, nothing at all to worry about.

The IDI's for a UP say that the prior relationship must be in permanent breakdown, but nothing at all about divorce.  I will have to look that one up and give it a careful read.



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Re: Detained at Immigration, what is my next step?
« Reply #5 on: January 25, 2007, 05:03:28 PM »
Garry, Victoria, can someone get an UP visa off the back of someone who is here on a Work Permit?  I didn't realize that.
WARNING My thoughts and comments are entirely my own.  Especially when it comes to immigration and tax advice, I am not a professional.  My advice is to seek out professional advice.  Your mileage may vary!
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UK Borders Agency (Official Government Site)
Office of Immigration Service Commissioner (Official Government Site)
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Re: Detained at Immigration, what is my next step?
« Reply #6 on: January 25, 2007, 05:08:30 PM »
i wanted to say that

the '2' years living together ' for a UP..they' want to see is built on visit i have to the UK
I only have a Supp credit card issued here, and a death beneficary issued in asia under his name to me in  2005 addressed to me here, a card (no address) from his company inviting both us to attend Annual dinner and dance, my ticket for a holiday with him (his is missing) and entry exits to his country where i visited for 2 days each month from 2001 to 2004. There isn't any dated photos except for 2 from a photo machine.

 :-[


Re: Detained at Immigration, what is my next step?
« Reply #7 on: January 25, 2007, 05:17:05 PM »
Garry, Victoria, can someone get an UP visa off the back of someone who is here on a Work Permit?  I didn't realize that.

UP dependent


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Re: Detained at Immigration, what is my next step?
« Reply #8 on: January 26, 2007, 01:01:58 PM »
Yes, work permit holders can bring in their unmarried partners as their dependents.  They will need to prove the two years of cohabitation, but that cohabitation can have taken place while one of the parties was on a visit visa.

In order to be considered for the UP, any previous relationship must have broken down, but there does not need to have been a divorce.

Vicky


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Re: Detained at Immigration, what is my next step?
« Reply #9 on: March 14, 2007, 05:07:08 PM »
i havent found a solution but we will try to make it long distance.
« Last Edit: March 14, 2007, 05:08:46 PM by donut »


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