Marring an British Citizen

[niloufar]

Dear All

I am a British Citizen, (originally from middle east)

I have been with my partner for 5 years now, and we would like to marry,
he is an asylum seeker and still not given a permission to stay in UK

he would like to go back to his country (middle east) and i will sort out the married visa and bring him to UK
(settlement through spouse)

would this be possible?
would not not reject our case of marriage as he was an asylum seeker in UK for 7 years?

what routes do i need to go through?

I do work and pay full tax and have an earning over £32,000 a year

Looking forward to get some advice.

[Amber]

Is his case a legacy case? How can he be facing persecution of he's willing to go back?

[toofan]

with kind of earnings you mention its not going to be difficult even if he applies visa from his home country .
was he living here legal i mean his case was pending or he was illegal ?

[niloufar]

Is his case a legacy case? How can he be facing persecution of he's willing to go back?

He doesn't know what will happen if he goes back,

but if he stays here, can he be granted a visa leave to remain if we apply through unmarried partnership?

his case is not handled anyone one now,

[niloufar]

with kind of earnings you mention its not going to be difficult even if he applies visa from his home country .
was he living here legal i mean his case was pending or he was illegal ?

He has been refused in the court, and the home office has asked him to leave UK,
but he is still here and living here with me and being hopeful that his case will go through either human rights or legacy cases

I dont know what to do or what is the best option,
i dont want him to go back to his country and apply through the embassy and be refused because one day he was an asylum here
I want him to be here and apply through unmarried partner settlement,

[Amber]

Ask the MP to chase the asylum case.

[niloufar]

Ask the MP to chase the asylum case.

we saw him once nearly a year ago,
but he was no help,
he wrote to the home office and they replied back that his asylum case has been refused and we cannot do anything
please seek advice to go back to your country

which is not fair at all,

I don't know where human right is in this case

[Amber]

So he's not an asylum seeker seeking permission then if he's been refused, he's an overstayer.

He may be able to return to his Country and apply for spouse leave (though that surely casts doubt on his asylum claim) otherwise he can stay in the UK and apply for FLR(FP). You should get married in the UK.

[niloufar]

So he's not an asylum seeker seeking permission then if he's been refused, he's an overstayer.

He may be able to return to his Country and apply for spouse leave (though that surely casts doubt on his asylum claim) otherwise he can stay in the UK and apply for FLR(FP). You should get married in the UK.

What is a FLR (FP) ?
he cant go back, that's no a choice for him at all
can we go through the unmarried partnership route?

where does human right takes effect?

I am very upset about this, i really don't know what to do

if we marry here, what door will be open to me?

[Amber]

FLR(FP) click.

If you don't have children you would have to show:

EX.1. – (a) (i) the applicant has a genuine & subsisting relationship with a child who:
(aa) is under the age of 18 years or was under the age of 18 years
when the applicant was first granted leave on the basis that this paragraph applied;
(bb) is in the UK;
(cc) is a British citizen or has lived continuously in the UK for at least
the 7 years immediately preceding the date of application; and
(ii) it would not be reasonable to expect the child to leave the UK; or

(b) the applicant has a genuine and subsisting relationship with a partner
who is in the UK and is a British citizen, settled in the UK, or in the UK with
refugee leave or humanitarian protection; and there are insurmountable
obstacles to family life continuing outside the UK.

The latter part of Ex. 1(b) might be helped by his claim of persecution and the former part supported by marriage.