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Applying for asylum while holding a spouse residence permit

General UK immigration & work permits; don't post job search or family related topics!

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JONGAR
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Posts: 3
Joined: Mon Jul 07, 2014 10:39 am

Applying for asylum while holding a spouse residence permit

Post by JONGAR » Mon Jul 07, 2014 11:20 am

Hi,

I'd appreciate your advise whether I can apply for asylum in the UK knowing that:
1- I hold a travel document for palestinian refugees issued from Syria and valid until 2018
2- My wife is a British citizen
3- I was granted a residence permit in the UK (spouse leave to remain) valid until 2016
4- I am wanted in Syria for military service, and I fear once returned to Syria that I will be persecuted

I opted for a spouse leave to remain because it was the fastest option for me to stay legally in the UK, but I'm not sure since I'm already a resident in the UK if I can apply for asylum!

Regards,

JONGAR
Newly Registered
Posts: 3
Joined: Mon Jul 07, 2014 10:39 am

Re: Applying for asylum while holding a spouse residence per

Post by JONGAR » Wed Aug 13, 2014 12:35 pm

Hi,

I'd appreciate your advise whether I can apply for asylum in the UK knowing that:
1- I hold a travel document for palestinian refugees issued from Syria and valid until 2018
2- My wife is a British citizen
3- I was granted a residence permit in the UK (spouse leave to remain) valid until 2016
4- I am wanted in Syria for military service, and I fear once returned to Syria that I will be persecuted

I opted for a spouse leave to remain because it was the fastest option for me to stay legally in the UK, but I'm not sure since I'm already a resident in the UK if I can apply for asylum!

Now that I've applied for asylum, my interview is tomorrow... what are my chances?? and if refused, what happens? does the HO take away my already given spouse visa?

Regards,

Amber
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Posts: 17549
Joined: Tue Jan 15, 2013 11:20 am
Location: England, UK
Mood:
United Kingdom

Re: Applying for asylum while holding a spouse residence per

Post by Amber » Wed Aug 13, 2014 1:26 pm

Why are you applying for asylum when you have valid leave? Moreover, if you don't want to do military service in Syria just don't go back. Seems you're panicking for no reason, I'd withdraw the asylum application.
**this forum is not intended to be a substitute for professional advice**
Click here to send me a PM regarding an offensive post. Do NOT PM me for immigration advice.

JONGAR
Newly Registered
Posts: 3
Joined: Mon Jul 07, 2014 10:39 am

Re: Applying for asylum while holding a spouse residence per

Post by JONGAR » Wed Aug 13, 2014 1:52 pm

Thanks for your reply. I'm applying for asylum because:
1- I want to be recognised as a refugee, I'm already stateless (palestinian refugee in Syria) and if I were to return to syria I have to do military service (given the current conflict, this is a death penalty!!)
2- My marriage is not going well, I'm not sure if it's going to last until I can get ILR

In the asylum screening interview they took my travel document and my residence permit away and they replaced it with a ARC (Biometric) card... I have my interview tomorrow and I'm not sure:
1- If my residence is taken away permanently
2- if my asylum application was refused, would I loose my spouse visa?
3- If I withdraw my asylum application tomorrow, would the HO give me back my spouse visa?

Please advise
Thanks

Amber
Moderator
Posts: 17549
Joined: Tue Jan 15, 2013 11:20 am
Location: England, UK
Mood:
United Kingdom

Re: Applying for asylum while holding a spouse residence per

Post by Amber » Wed Aug 13, 2014 2:04 pm

You shouldn't lose leave. However, you should be seeking legal advice. You can't say I want to go to Syria if you're claiming persecution, that'd be one way to get refugee status revoked.
**this forum is not intended to be a substitute for professional advice**
Click here to send me a PM regarding an offensive post. Do NOT PM me for immigration advice.

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