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History of illegal stay


arush

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Hi guys,

A very complicated situation.

I’m from Hong Kong and I met my boyfriend 4 years ago when I studied in UK. He is from Albania and travelled to uk illegally. He works with an NI number with his name and pays tax and so. He has never been caught and has a clear criminal record

I went back to hk 3 years ago and started working since we keep a long distance relationship

I am planning to get visa 190 and he will then go back to Albania.

We will get marry in Hong Kong and once I get the visa I’ll sponsor him the partner visa.

However the application will require us to tell the country he has been and he are going to report the history of illegal stay in uk.

The agent said people still get the visa even they reported the history of illegal stay however the question is how he will get the uk criminal record.

Did anyone has this experience?

Please helpppp

Thank you so much

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So you plan to get PR on a 190, and then sponsor him for a PMV (300)? Or marry hm and sponsor him for a 309/100?

He will have to fill in the forms for either stating where he is livng, and give proof of his status there. 

There is no "should we tell them", he will need to show on what grounds he is in the UK when he applies for his spouse visa. 

Wpll he have to get a criminal record in the UK? No he won;t have to get one, but he may well get a deportation order

You can't keep it silent, unless he leaves the UK and applies from Albania instead. 

 

As for the whole issue of expecting people on here to condone him breaking immigration laws left right and centre..........when most of us have jumped through hoops to migrate legally........

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I can’t imagine you’ll get much help on here, most are probably wondering what you are doing having a relationship with a criminal who is breaking immigration laws and living unlawfully in the uk. The Australian immigration will find that out and may well not approve his visa. He clearly wouldn’t pass any good character test and I’m sure neither would you. You know what he’s doing and are still with him and you’re asking a forum how to get around his unlawful behaviour. I have no words....

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6 hours ago, Tulip1 said:

I can’t imagine you’ll get much help on here, most are probably wondering what you are doing having a relationship with a criminal who is breaking immigration laws and living unlawfully in the uk. The Australian immigration will find that out and may well not approve his visa. He clearly wouldn’t pass any good character test and I’m sure neither would you. You know what he’s doing and are still with him and you’re asking a forum how to get around his unlawful behaviour. I have no words....

i have, "hope you both get what you deserve"

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35 minutes ago, arush said:

Thanks guys for the opinion. They are all very helpful

What a complex situation - I don't think there may be an easy way - you could pay to get some professional advice, but your partners illegal status in the UK may be a hurdle that is too big to get over.  I'm not sure that they would look too kindly on his illegal status.

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What a complex situation - I don't think there may be an easy way - you could pay to get some professional advice, but your partners illegal status in the UK may be a hurdle that is too big to get over.  I'm not sure that they would look too kindly on his illegal status.

Thanks Ali, we did discuss with the agent. He said he came across with many similar situation and successfully got the visa.
However my concern is how he could obtain the uk criminal check?
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On ‎25‎/‎11‎/‎2018 at 17:21, arush said:


Thanks Ali, we did discuss with the agent. He said he came across with many similar situation and successfully got the visa.
However my concern is how he could obtain the uk criminal check?

You would just have to apply for it - from your OP he won't be in the UK then but in Albania.  You have been apart though for 3 years and with his history of staying illegally in a country, immigration may (even if you're married) question the validity of the relationship and if it is only for a visa.

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Your agent has come across many illegal immigrants in the uk and managed to get them an Australian visa?  I’m very surprised at that. Surely they can tell you how you go about it. I can’t see how your partner will be able to obtain a uk criminal check as I’m sure the request will expose that he’s there illegally. Ask your agent as if theyve successfully got many like him a visa they surely know how to get through the whole process.  I hope he does get caught and removed from the uk and I hope he gets refused an Australian visa. No country wants people with his poor character.  As for you, I think you should get your visa and run for the hills, alone. 

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Questions from the current version of 47SP, to be completed by the applicant ) thats the illegal person in the UK):

Have you ever been removed, deported or excluded from any country (including Australia?

Have you ever overstayed a visa in any country (including Australia)?

And he will have to list 

In which countries have you lived for 12 months (in total) or more during the last 10 years? 

===================

Personally I would also be very wary of someone who is a registered migration agent that condones people living somewhere illegally. If they turn a blind eye to those living illegally in the UK, how can one trust them to do the right thing for people wanting to live in Australia?  wonder if that breaches MARA conditions in some way? I mean, if they come across instances of people being in Australia illegally I would guess they should report it. So why should they not be expected to do the same with other countries?

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14 hours ago, Nemesis said:

Questions from the current version of 47SP, to be completed by the applicant ) thats the illegal person in the UK):

Have you ever been removed, deported or excluded from any country (including Australia?

Have you ever overstayed a visa in any country (including Australia)?

And he will have to list 

In which countries have you lived for 12 months (in total) or more during the last 10 years? 

===================

Personally I would also be very wary of someone who is a registered migration agent that condones people living somewhere illegally. If they turn a blind eye to those living illegally in the UK, how can one trust them to do the right thing for people wanting to live in Australia?  wonder if that breaches MARA conditions in some way? I mean, if they come across instances of people being in Australia illegally I would guess they should report it. So why should they not be expected to do the same with other countries?

Agree, I am sure they have a duty of care and would do the right thing. I’m sure they would make sure the information is provided truthfully, if they can still get these people a visa then I’m shocked.  According to the OP they’ve done lots of them, I’m not convinced.  The OP seems so matter of fact about it saying he’s never been caught and has no criminal record! That’s because he’s not been caught yet, he has committed a criminal offence just not yet caught. 

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4 hours ago, arush said:


Thanks Ali, we did discuss with the agent. He said he came across with many similar situation and successfully got the visa.
 

I don't doubt it...............there are agents...............and then there are agents..................no doubt my accentuation will be lost in translation. As someone else said, hopefully Immi is monitoring and I'm pretty sure that if DAF monitor my sales of prickly pear on gumtree, (and I got a visit from them) Immi will be around here and the OP will get a visit, if not in person, then on any application

Edited by Johndoe
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I didn't read anywhere that the agent was condoning people entering/remaining illegally in countries, just that they had been successful in getting them visas despite having an illegal status.  I wouldn't be surprised to hear that the agents who post regularly on PIO have also been successful with visa applications of previous overstayers/illegals.

OP - your situation is complicated so it's good that you're working with a migration agent.  Hopefully your partner can end their illegal stay in the UK so that they start moving on the right path from an immigration standpoint.  It's quite likely your partner visa will get a lot more scrutiny given his history of illegal status so having strong evidence of your relationship over a long period of time would probably be beneficial.

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