Asylum seeker who is on appeal can get marry to EEA nationia

i really apperiate if someone can give me advice on this matter. i am totally lost at the moment.
i am on appeal(upper trialbunal) for asylum seeker in uk. i claim 5 months ago and i am on appeal at the moment. i have bf who is from hungary who i met after i claim asylum. he want to marry me.
i am wondering about UKBA. would they accept or refuse if we put the appliclation for marriage? i ll have to make sure before i withdraw my Asylum application. Please help!!!
And as he is EEA national i am worry that UKBA would say to go back to his country to get married which we cant do as my status is asylum seeker in uk.
Please HELP for my conplicated case.

Are you currently being represented? Have you permissions to appeal to the upper tribunal? if you married, you can add it to you asylum claim in court

Obie wrote:Are you currently being represented? Have you permissions to appeal to the upper tribunal? if you married, you can add it to you asylum claim in court

you can't add a totally new ground of appeal at the upper tribunal that was not raised at the time of the appeal to the first tier tribunal. Given they are not married yet and have only just started seeing each other it is difficult to imagine what ground s/he could advance in any case. Obviously if they marry and her husband is exercising treaty rights she can apply for a residence card but she can't raise this as a ground before the upper tribunal.

You are technically right. But it will be wrong to assume the bf was not mentioned in her appeal. Under section 120 of NIA act 2002. An appellant is entitled to raise other issues regarding article 8 or evidence of durable relationship.

If it was mentioned but not considered at all, even if it lacked merit, that may be an err of law. If at the upper tribunal, relationship proceeded to marriage, then it will not be wrong for tribunal to give consideration to it

hi
Thank you very much for the suggestion. i have sumbited the appeal for upper tribunal. i am waiting for the answer at the moment. i have been represented by legal aid adviser.
As you guys said i didnt mention about the relationship on my asylum interview and first tribunal and upper tribunal could be lacked of merit or an err of law. But i met the guy after i claimed.
He just propose me to marry him. but of course we dont have any prove as i didnt know he would propose me on this short period.
I am so happy and on the other hand i cant move on with anything as i dont know what to do as i am on appeal.
So the merrit of the case to ahead with marriage application would be last chance to accept by UKBA. i should keep appeal for the Asylum interview.
But is there anymore info about my case please please advice me . thank you guys for your time.

Obie wrote:You are technically right. But it will be wrong to assume the bf was not mentioned in her appeal. Under section 120 of NIA act 2002. An appellant is entitled to raise other issues regarding article 8 or evidence of durable relationship.

If it was mentioned but not considered at all, even if it lacked merit, that may be an err of law. If at the upper tribunal, relationship proceeded to marriage, then it will not be wrong for tribunal to give consideration to it

the appellant can raise these issues before the first tier tribunal, but she can't raise them as a totally new ground before the upper tribunal on a permission to appeal application if the issue of the relationship was not brought to the attention of the tribunal and raised as a ground of the appeal.

[quote="kalay"]hi
Thank you very much for the suggestion. i have sumbited the appeal for upper tribunal. i am waiting for the answer at the moment. i have been represented by legal aid adviser.
As you guys said i didnt mention about the relationship on my asylum interview and first tribunal and upper tribunal could be lacked of merit or an err of law. But i met the guy after i claimed.
He just propose me to marry him. but of course we dont have any prove as i didnt know he would propose me on this short period.
I am so happy and on the other hand i cant move on with anything as i dont know what to do as i am on appeal.
So the merrit of the case to ahead with marriage application would be last chance to accept by UKBA. i should keep appeal for the Asylum interview.
But is there anymore info about my case please please advice me . thank you guys for your time.[/quote

if you being represented by a legal aid lawyer then ask them for advise on the best way to proceed with your case as s/he has the benefit of being fully furnished with the facts of your case.

kalay wrote:i really apperiate if someone can give me advice on this matter. i am totally lost at the moment.
i am on appeal(upper trialbunal) for asylum seeker in uk. i claim 5 months ago and i am on appeal at the moment. i have bf who is from hungary who i met after i claim asylum. he want to marry me.
i am wondering about UKBA. would they accept or refuse if we put the appliclation for marriage? i ll have to make sure before i withdraw my Asylum application. Please help!!!
And as he is EEA national i am worry that UKBA would say to go back to his country to get married which we cant do as my status is asylum seeker in uk.
Please HELP for my conplicated case.

I am afraid the HO will view your application with suspicion. They may not believe your story i.e. see it as a marraige of convenience to cheat the system.