# Spouse visa if I am an illegal immigrant?



## soare123 (Apr 22, 2014)

Hello to everyone . i would you like to know if someone can give me a good advice: 
Im from Peru (south america) 
Im married with a british girl over 5 years ( we were living together the first 2 years in Peru)
And we have a 3 years old boy. ( he is brtish as he was born in The Uk). 
My wife and my son hold my last name as our married is legal in both countries 
I applied for a spouse visa 2 times . and they refused to give a spouse visa 
Bescouse she was/is using public founds as she cant work .(DLA.Income support.child benefist/child tax credit)
So i decided to travel to the Uk, as an ilegal inmigrant . ( im 3 weeks ilegal)
Becouse i dident find another chance to be with my family 
I didnt want to do it at the first time. . 
It was over 2 years i didnt see my son and my wife, plus they rufused to give a spouse visa. 

my wife hold an british/irish passport ( we got married on her british passport)
my son doesnt hold an irish passport . only a british one.
my wife and son are from belfast. 
any idea . what should we do?

Can i apply for a Eea Family Permit?
can i claim asylum?
Is there any chance for the UKBA kick me out the country?
Is the zambrano case will apply in my case?
Or should we go to The Republic Of Ireland (or any country of the eeu)
and Apply for an Irish spouse visa? ( on her irish passport )
Or Eea Family permit trough her British Passport?
on her British passport


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## aissabou (Nov 9, 2013)

soare123 said:


> Hello to everyone . i would you like to know if someone can give me a good advice:
> Im from Peru (south america)
> Im married with a british girl over 5 years ( we were living together the first 2 years in Peru)
> And we have a 3 years old boy. ( he is brtish as he was born in The Uk).
> ...


when did you applied the last time ? and how many days did they make the decision about your application ?


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## soare123 (Apr 22, 2014)

last time i aplied was on 2012
and as ususally 15 working days


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## AmyD (Jan 12, 2013)

Go home. You're only endangering yourself by attempting to live in the UK illegally. 

You can't apply for an EEA permit, and yes, there is every chance the UKBA will kick you out. If you want to try the SS route, you have to be gone for at least a year in a member state.


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## aissabou (Nov 9, 2013)

soare123 said:


> last time i aplied was on 2012
> and as ususally 15 working days



I am sorry for this refusals, I think it will be better to try again , because the rules change, you are allowed to apply under the DLA or another carers.

and try to show them a lot of eveidences about your marriage.
goodluck my friend.


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## _shel (Mar 2, 2014)

You have no basis to apply for an EEA Permit if your spouse is British and has been living in the UK. 

You cant legally apply for another spouse visa as you are not legally in the country. Even if you met all other requirements as an illegal immigrant you will be refused and probably detained for removal. 

Whilst you are living with her your spouse is committing benefit fraud and risking being criminally charged and convicted. 

Just so you know. The UK an Ireland are very close countries and share information freely about immigration evaders. 

If she is claiming DLA you need to go home and reapply for the spouse visa. No reason why she shouldn't have enough income to qualify if she is getting DLA and not subject to the higher financial requirement.


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## soare123 (Apr 22, 2014)

so thats mean. that i may be able to get a uk spouse visa . and it doesnt matter if she is under Public founds?


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## SoYouThink (Sep 8, 2013)

You cannot apply under EEA rules as your spouse is '' also '' British Citizen. 

As Shel mentioned above, your family is now at risk and committing benefit fraud for not declaring you. 

It is hard, very hard to be apart from family due to tight immigration rules. 

Dont put your family at risk amigo ... Your spouse could loose her benefits.


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## bluesky2015 (Sep 3, 2013)

AmyD said:


> Go home. You're only endangering yourself by attempting to live in the UK illegally.
> 
> You can't apply for an EEA permit, and yes, there is every chance the UKBA will kick you out. If you want to try the SS route, you have to be gone for at least a year in a member state.


That is sad


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## Joppa (Sep 7, 2009)

Zambrano case doesn't apply as you are not the child's primary carer and there is another carer - your wife - in UK. Not granting you right of residence doesn't compel your son to leave UK (and EEA).
Because of your wife's dual Irish-UK citizenship, you cannot get EEA family permit.
You cannot claim asylum as there is no well-founded fear of persecution in Peru.
You can claim human rights ground under Article 8, for private and family life, but you will have an uphill struggle to convince Home Office or the courts.


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## soare123 (Apr 22, 2014)

where shoould i go to Claim human rights ground under Article 8, for private and family life.
im already feel bad , for this situation. i tried to make things right. but , sadly uk immigration laws
are too complicated and they pushed me to do that
family life is a right not a Privilege

my wife is very sick and she cant work. not becouse she is lazy it is becouse she cant .

i will not claim benefist . becouse i can work and suport my family in the uk
but on my own country . is going to be dificult as my wife cant work ..


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## _shel (Mar 2, 2014)

You do not need to claim human rights. As your wife claims Disability Living Allowance she can meet the lower old financial requirement. If she gets income support, tax credits and assumingly all (or most of) her rent and council tax paid with benefits she will easily meet that requirement. 

It is not relevant that she claims public funds. She is British and entitled, though she is not entitled to claim she is single to get income support when her husband is living with her. That is benefit fraud and can get her jailed! 

Keep asking questions here, find out exactly what you have to do then go home and apply correctly before you get a 10 year ban and will not be with your wife in the UK regardless of how much she might earn in the next few years.


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## soare123 (Apr 22, 2014)

im coming back to my home country as everyone said here. that i can meet the financial requierment . becouse she is on DLA...


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