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Married asylum seeker,please help

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Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, Administrator

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farhadrafiepour
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Posts: 3
Joined: Thu Aug 20, 2009 2:12 pm
Location: UK

Married asylum seeker,please help

Post by farhadrafiepour » Fri Aug 21, 2009 10:00 am

Hi, everyone. I am failed asylum seeker, I married my wife 2004 and, i have also 3 years old child, I have been here over 10 years. I did appeal to the home office for my dismissed asylum in 2001 but i never heard any thing from them up to this date i have contacted them but it seemed that my previous lawer never send my appeal to them and they don't know nothing about it, now i realy tired of this situation, i would like to know that can i forward my marraige case and apply to stay here on that base but the only probelm i have is that i can not go back to my country (IRAN) as you aware of the suituation in there and the problem that i have in the past. Could some one help or advise me . thank you very much for reading this message.

Obie
Moderator
Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Post by Obie » Fri Aug 21, 2009 2:56 pm

There was an amnesty in 2003, for people who applied for asylum before September 2000, therefore i think you will cover. You will need to exercise some patience. You case might be dealt with as a legacy case.

Have a chat with you local MP and get him to contact the Home Office on your behalf to see the status of you application.


In regards to your marriage, you might be able to obtain residency, but the process is quite complicating and time consuming.

The best way to have obtain it, is to go back to Iran and apply for a spousal visa. As this is obviously impossible, you can apply for FLR(M) under a ruling called the Chikwamba Ruling and see how it goes.

I must make you aware that the requirements are stringent, and you will need to demonstrate that your case fits the most exceptional of circumstance.

Good luck
Smooth seas do not make skilful sailors

farhadrafiepour
Newly Registered
Posts: 3
Joined: Thu Aug 20, 2009 2:12 pm
Location: UK

Post by farhadrafiepour » Fri Aug 21, 2009 8:11 pm

Hi, Obie. thank you very much for your advice, I will take your advice and will contact the MP to see how it goes.
About Chikamba rulling I couldn't found it in home office website but I read about that by typing the word at google, it is very similar to my case but I wonderning that, can I apply for FLR(M) by my self or I require some specialist to do that for me, which will be difficult to do that as I haven't got sufficient money right now.
The other thing that you mentioned was "legacy case", is that the one the UK BA said, whom they claimed asylum before 2007, they will be dealt by 2011? and if it is what sort of action do i need to take right now. please could you advise me, thank you very much, I really appreciate.

Obie
Moderator
Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Post by Obie » Fri Aug 21, 2009 8:30 pm

A legacy case is any case where all of the following apply:

1. there has been a claim for asylum

2. the Home Office records indicate that the case has not been concluded

3. the case is not being dealt with by the New Asylum Model (NAM)


They promise to get them sorted by 2011, but you can contact them and get them to priortise your case.

In regards to you FLR application, you might need to contact the Citizen Advise Bureau, and they will recommend you to those solicitors who offer charity services, if your income is below a certain level.

I wish you all the best
Smooth seas do not make skilful sailors

farhadrafiepour
Newly Registered
Posts: 3
Joined: Thu Aug 20, 2009 2:12 pm
Location: UK

Post by farhadrafiepour » Sat Aug 22, 2009 11:13 am

Hi, thank you for your respond and the advice again. as you said, I will contact UKBA, I also will go to the citizen advicer to see if they can help me to have charity solicitor for application FLR(M). I hope one of these ways will help me to get out of the situation that I have right now.
I definitely will come back and let you guys Know of outcomes, hopefully with very good news.
Thanks again, God bless
Regards
FarhadRafiepour

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