Asylum and LTR (Me again!)

[jannahjewel]

Hi all, you may recall I posted a few months ago with regard to some advice relating to my husband's asylum application. A quick re-cap; my husband is from Kurdistan, Iraq, and claimed political asylum, we have since married and have an application for leave to remain of the basis of marriage. It has been a year since he arrived in the UK and still no decision on both applications.

However, I have now given birth to a healthly baby boy and was wondering what the procedure is in terms of notifying the home office of this fact. Does this need to be done through solicitors (I'm unhappy with their service but all the other local immigration solicitors are not taking on new cases) or is there a special form? or should I just write a letter to them? Would the birth certificate be required, and would photographs of baby and proud dad together add weigh to our case?

I've now started a masters degree which may employers are paying for, and if I leave within the next fours years, I will be expected to pay back £3500 which is the cost of the course. In addition, my husband will be the sole carer for our child when I go back to work, and we couldn't possibly afford £500 per month nursery fees. (I can only claim approx £10 per week tax credit on my income of £22,000p/a) Would it be useful for the Home Office to be aware of these facts (In case they refuse the application and try and say we should both go and live in Iraq) or would these circumstances not make the slightest difference? I know they can be unsympathetic (to understate!) Would a letter to Des Browne be totally disregarded also or is it worth a shot on compassionate grounds? Although I am aware there a millions of similar cases, but when it is *you* involved directly - it's awful

If anyone could offer any advice, it would be helpful. Also, all my husband's friends who entered the UK at around the same time have all been refused asylum and had appeals refused too - is the fact that my husband has submitted a marriage application likely to be the reason for the delay in reaching his decision's or is it likely to just be coincidental?

Once again, thank you muchly!

Jannahjewel

[John]

Jannahjewel, I don't think it can do any harm, indeed just the reverse, if you write a letter to the Home Office enclosing a photocopy of your child's birth certificate and also a pic of the proud parents holding their child!

You mention the child tax credit of about £10 per week. I think you are failing to take into account the "baby element" so you probably need to double that, at least for the first 12 months of the baby's life. So I think £96 per month should be forthcoming.

By the way the tax credit claim needs to be make jointly by you and your husband. There is a knock-on effect of that. Each claimant for tax credits needs to supply their national insurance number ("NINO"). But your husband probably does not have one of those! Accordingly the claim for tax credits, which should not be delayed, lacking a NINO for your husband, should provoke an invitation to an interview and the subsequent issuing of a NINO to your husband.

Also, you have mentioned tax credits. Don't overlook the ability to also claim Child Benefit. That has only a single claimant and you are the obvious choice of person to submit the claim.

is the fact that my husband has submitted a marriage application likely to be the reason for the delay in reaching his decision's or is it likely to just be coincidental?

Quite possibly. Look at it this way. If the asylum application is refused theoretically he could go back to his country and then apply for a spouse visa. There is probably no reason to refuse any such application. Accordingly it could well be that the spouse visa application will be granted in the UK given the current state of affairs in Iraq.

Des Browne? Up to you but probably would have no effect.

By the way, you are British?

[jannahjewel]

Hi there

Many thanks for your reply. We have applied for tax credits and have been told about the NI number aspect, and we could be waiting upto three months for that to be allocated to my husband. I wasn't aware about the baby aspect - I had some vague idea that that just applied for Income Support - I did the online calculator and came out with the £10 per week figure. I've also applied for CB and that has come through already, thanks for your help

I will send details to the Home Office about the birth of Ali then, I am a British citizen by birth, yes.

The Home Office have aknowledged that there is no safe route of return to iraq at present, therefore, how would we go about applying for a spouse visa from the UK? Does that need to be done now or will we need to wait until when/if the application(s) are refused?

Many thanks, it's been helpful

Jannah

[John]

At 2.56.am (I think the baby was keeping you awake ) you posted :-

we have since married and have an application for leave to remain of the basis of marriage

-: and then at 2.28.pm you asked :-

how would we go about applying for a spouse visa from the UK?

Just a terminology problem. When you asked "for leave to remain on the basis of marriage" you where applying for a spouse visa, that is, two years leave to remain on the basis of marriage to you. During the last month of that two year period there would need to be an application for ILR.

The more I think about it the more I like the idea of you now forwarding a copy of Ali's birth certificate and a pic of Ali with both of his parents. I am sure that there is a great temptation for IND to be suspicious about a marriage where one of the parties to the marriage is an asylum seeker. Is it a sham marriage? The copy birth certificate and pic should hopefully dispel any such suspicions.

As from 1st February 2005 it is no longer possible for an asylum seeker to give Notice of Intention to Marry and thus what IND considered to be a loophole has now been closed. In other words if your husband had entered the UK now, rather than last year, it would not have been possible for the two of you to marry.

[Kayalami]

Jannahjewel.

Congratulations to both of you on the birth of your son.

Hi all, you may recall I posted a few months ago with regard to some advice relating to my husband's asylum application. A quick re-cap; my husband is from Kurdistan, Iraq, and claimed political asylum, we have since married and have an application for leave to remain of the basis of marriage. It has been a year since he arrived in the UK and still no decision on both applications.

As per my replies to your original post both applications fall outside the rules hence stated processing timelines do not apply.

However, I have now given birth to a healthly baby boy and was wondering what the procedure is in terms of notifying the home office of this fact. Does this need to be done through solicitors (I'm unhappy with their service but all the other local immigration solicitors are not taking on new cases) or is there a special form? or should I just write a letter to them? Would the birth certificate be required, and would photographs of baby and proud dad together add weigh to our case?

If you are being represented then ideally the solicitors. However given your sentiments it is wise to send such directly using a reliable/ trackable method of delivery. IMHO the inclusion of said documents to your file adds an additional element to the HRA aspects of the application. However it continues to be that the relevant Article for the HRA can be derogated from for the effective regulation/ controls of the UK immigration system i.e. IMHO it doesn't make a significant change no matter how crucial it seems to you...I'm going on substantive case law.

I've now started a masters degree which may employers are paying for, and if I leave within the next fours years, I will be expected to pay back £3500 which is the cost of the course. In addition, my husband will be the sole carer for our child when I go back to work, and we couldn't possibly afford £500 per month nursery fees. (I can only claim approx £10 per week tax credit on my income of £22,000p/a) Would it be useful for the Home Office to be aware of these facts (In case they refuse the application and try and say we should both go and live in Iraq) or would these circumstances not make the slightest difference?

See my reply above i.e. IMHO it doesn't make a difference..if anything it raises concerns about your finances that the HO will use accordingly. Out of interest did you explore the Jordanian option? Note that Kurdish enclave of Iraq is classed as a safe haven with the option of internal flight.

I know they can be unsympathetic (to understate!) Would a letter to Des Browne be totally disregarded also or is it worth a shot on compassionate grounds? Although I am aware there a millions of similar cases, but when it is *you* involved directly - it's awful

Writing to the Immigration Minister is not worthwhile - he/she is there to ensure that the integrity of the UK immigration system is maintained...personal emotions aside how do you view an approval in your case ties to such? In any case the application must first be reviewed by caseworkers/ officials designated in that capacity.

If anyone could offer any advice, it would be helpful. Also, all my husband's friends who entered the UK at around the same time have all been refused asylum and had appeals refused too - is the fact that my husband has submitted a marriage application likely to be the reason for the delay in reaching his decision's or is it likely to just be coincidental?

Possibly but without knowing all the facts of both his case and all the others concerned this is at best speculation.

[Jeff Albright]

Would a letter to Des Browne be totally disregarded also or is it worth a shot on compassionate grounds?

Just to add a few comments to your query.
The system usually works in the way as follows: Solicitor-MP-Ministry meaning that if your solicitor is of no more help due to delays and lack of communication from the IND, you should contact your MP to request for him to make a "push" to the IND for an update.
If that does not help, THEN you contact the Ministers. Usually, at MP stage many questions are resolved.

The IND may not seek to remove your husband as an illegal entrant after forming a family with you and it may be that your case is still awaiting the final decision by a senior caseworker; that's why all these delays.

I wanted to quote a phrase from the IND memo submitted to the House of Commons in September 2002 that says (Paragraph 31)
"We will not normally seek to remove a family group where there are children who have spent in excess of seven years in the UK, or anyone who has been continuously resident here for more than 14 years. Similarly, marriage or a relationship akin to marriage may be a reason to allow someone who does not meet the strict conditions under the Immigration Rules to remain in the United Kingdom"

Source: http://www.parliament.the-stationery-of ... 654a02.htm

So lets keep the fingers crossed that your husband marriage to you plus your new born baby will be sufficient compassionate grounds to allow your husband to be issued a LTR in the UK.

[jannahjewel]

Thanks again for all the helpful advice. Today my husband got his interview date through for his NI number in order to process the tax credit form.

I came across this appeal - http://www.bailii.org/uk/cases/UKIAT/2005/00066.html . Is there anyway / any chance I can use this to our advantage at this stage? The appeal suceeded on the notion that it is unsafe to return to Iraq at present, and the Home Office have clearly aknowledged that there is no safe route of return at present, by their reinstatement of support for failed Iraqi's - http://www.refugeecouncil.org.uk/downlo ... nglish.pdf
http://kurdmedia.com/news.asp?id=6298

If it is unsafe to return - how could my husband be expected to get back to Iraq to make a spouse visa application?

What do you think? (You probably think I should just lie-low and be patient!! he,he) I've always be proactive though Thank again, you are all stars!

Jannah

[John]

Jannah asked :-

What do you think?

My view .... the links you provide clearly show a strong case. OK, it might take a while but assuming the situation in Iraq does not change, hopefully it is just a question of time before your husband gets his two-year spouse visa.

After all, if the application for that is refused, it looks as if an appeal would end up being successful.

Have you discussed the latest developments and that case with your solicitors?