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Immigrationboards.com: Immigration, work visa and work permit discussion board

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not accepted by your country?

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé/e | Ancestry

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linzm
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Posts: 19
Joined: Mon Feb 20, 2006 11:36 pm

not accepted by your country?

Post by linzm » Sun Dec 24, 2006 2:51 pm

Hi, merry christmas to everyone.
Does anyone have any experience of the following?
My partner is a failed asylum seeker, been in the U.K since 2000. He was 'lost' to the authorities for several years, but earlier this year came to the attention of the home office and is now 'subject to immigration control'. I've been reading these boards for a while now and can see that the general advice is to return to one's home country, marry and apply for a spouse visa. However my partner was taken to his country's embassy in London by an immigration officer, while he was in Campsfield detention centre (he has since been released), and they basically do not accept that he is a citizen of their country. This means that he can't get a travel document or passport so can't travel to his home country (and as far as we understand can't be removed by the home office). We have applied for discretionary leave, as advised by our solicitor, but I see from these boards that we will be in for a long wait!
Can anybody see any other option for us?
Thankyou

John
Moderator
Posts: 12320
Joined: Wed Nov 10, 2004 2:54 pm
Location: Birmingham, England

Post by John » Sun Dec 24, 2006 4:24 pm

Can I ask what country is rejecting his claim to Citizenship?

The discretionary leave application .... I can't see any other possibility, apart from suggesting that you have a word with your solicitor about applying for a Certificate of Approval to Marry in the UK. Such an application would "outside the Rules" but if such an application was granted, and then the marriage happened in the UK, I would expect that a spouse visa application would not be a problem (given that a CoA would have already been issued outside the rules).

By the way, you are British or otherwise settled in the UK?
John

linzm
Newly Registered
Posts: 19
Joined: Mon Feb 20, 2006 11:36 pm

Post by linzm » Tue Dec 26, 2006 2:25 pm

Hi John,
Thanks for your reply.
Yes I am British. The country my partner is from is Guinea. We will ask our solicitor about the marriage application, we didn't apply before as we asssumed it would be refused, but as you say it may be worth a try.
Thanks again

JAJ
Moderator
Posts: 3977
Joined: Sun Oct 23, 2005 8:29 pm
Australia

Post by JAJ » Thu Dec 28, 2006 12:16 am

John wrote:Can I ask what country is rejecting his claim to Citizenship?
I wonder if it is really rejecting a claim to citizenship or just not issuing a passport?

Regardless, it is a very serious matter if a country refuses to accept back its citizens and there is a strong argument that the United Kingdom should refuse to accept (as valid travel documents) the passports of countries doing this.

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