assylum appeal

i am a failed asylum seeker, i came to the UK in april 2006. i have just submitted an appeal for the court to consider my case. the reason why i'm trying to appeal is because i had a stillbirth at 8 months pregnancy. it was a terrible time for us. i was in coma for a day, i had an issue with my blood pressure, swelling etc. (preeclempsia). our worry now is, i'm pregnant again and we are worried about my condition. this is the main reason why we want to appeal our case. because we need each other emotionally and physically.

however, we are aware that i might need to go back to africa to apply for spouse visa as my husband is british and is settled here in the UK.

my question is i'd like to know the appropriate way to travel out of the UK. I've lost my ARC card, i made a police report when i lost it. because i understand that the immigration officers stop people traveling out asking them how they were here.

i forgot to mention that i was convicted for failing to produce immigration documents when i came into the uk. i didn't have the passport with me as an agent brought me here. will this affect my application? i was sentenced to 6 months but only served 3 months and was released thereafter. it was after my release that the home office called me for my asylum interview.

Somebody please give me advice

Where are you from? You say your husband is a British citizen - did you marry in the UK?

So sorry to hear about your stillbirth, it must have been so distressing.

Sorry about your situation.

Are you apppealing against the decision to refuse asylum, or something else? If you are already eight months pregnant, I don't think that you could be removed until a few weeks after the birth.

The facts of your need to be with your husband unfortunately is unlikely to weigh in any decision about an asylum claim. The BIA can argue that your husband could join you in Africa.

An application for a spouse visa would normally have to be made from your country. Did you marry in the UK, perhaps in the Church of England?

As for travel to Africa, your ARC is not important. You can always apply for another one, but you won't need it at the airport. However, you would need a passport from your own country, or some other travel document acceptable to your country. You could try contacting the IOM - http://www.iomlondon.org/ - for assistance in getting a travel document.

IOM also give financial assistance to returning asylum-seekers, not sure how that would work out if you were planning to come back on another visa.

i am from sierra leone and we got married in sierra leone in 2001 before my husband travelled to the UK

the question about my travelling out of the uk is this. i understand that immigration officers arrest people travelling out of the country. they ask you how you came in and on what visa you were on in the UK. so i want to know how to go safely on my own without the help of IOM. because i'm going to buy my ticket and i've got my passport already with me.

Check here for a similar question: http://www.immigrationboards.com/viewtopic.php?t=19570

You should have nothing to worry about, especially as Immigration already know about you. They've already locked you up once, at great expense, no reason they should do so again.

I would still think about contacting IOM, you've nothing to lose by it.

I'm sorry to be thick, but you were married in 2001, and didn't come here until 2006?

How did your husband get nationality? Why did you claim asylum if you were the spouse of a UK national?

If you are planning on returning to the UK, then you should not really use IOM, but should be self funding.

Victoria

My advice to you is to go through IOM. you don't haveto take their finacial help or get them to pay for your travel ticket if you are worried. We done the same with my other half. failed assylum seeker went through IOM but pay for our own ticket (bcoz we were worried lik you are now!!)and come back with spouse visa. Now,I think we should have get them to pay for the ticket. It really doesn't matter,noone askany questions about it.

The reasonswhy I think it'd be easier to go through IOM are...
(1) IOM will see you here at the airport and also receive you in the other end and takeyou home safely. i.e less trouble from the immigration. in our case no trouble at all.
(2) you will get few paper works from IOM stating that you returned voluntarily. add all those paper works with your spouse visa application.
(3) In general going through IOM is quicker and less hassle. HO can take sometimes to reply if you contact them your self.

If you were married in 2001 then you should get ILR straight away not 2 yr spouse visa. Before you fly get all the documents to show that you have beenl iving together from here,more the better. Include an explanatory letter with your spouse visa application.

Good luck and don't worry too much.

You can't get ILR straight away if you haven't passed the Life in the UK test, so you may wish to take this before you go.

Looking at the IOM website, it is clearly supposed to be for failed asylum seekers or overstayers who wish to make a permanent move home. Using them would NOT help your case to return.

Victoria

my assylum appeal has been refused. during the appeal i am pregnant and have a history of pre-eclempsia. however, the judge has recommended (based on a support letter from my consultant) that i not be removed until after i've had my baby.

is there any way i can appeal for the judgement to be overturned so that i can stay on medical grounds?

could someone please advice.

Also when is the reasonable time for a baby to travel?