very distressed please help

[ciran]

hi - i am new to the site so i'm sorry if this has been asked before (i did search but couldn't find any posts that answered my question - sorry if i missed any).

This is really distressing me so any help would be much appriciated. My husband (whom I have been married for 1 year and 10 months) came to this country in 2000. he applied for asylum and was refused leave to remain at the time but did not go back to his country of origin. it has been 8 years now and we havent heard anything from the h/o even though we have called them and gave them an up-to-date address.

we were just about to go back to his country to apply for a marriage visa and come back when we heard about new changes to the entry laws. after the 1st of april people who have overstayed have to wait for a year before they can apply for a visa.

I want to know whether my husband would fall into this category and whether if he applied before the 1st of april this would still be the rule. I mean if he applied before then and a desicion was come to after that date would they consider it from the date of application?

i am so stressed over this as i do not want to be away from him for a year.

[olisun]

hi - i am new to the site so i'm sorry if this has been asked before (i did search but couldn't find any posts that answered my question - sorry if i missed any).

This is really distressing me so any help would be much appriciated. My husband (whom I have been married for 1 year and 10 months) came to this country in 2000. he applied for asylum and was refused leave to remain at the time but did not go back to his country of origin. it has been 8 years now and we havent heard anything from the h/o even though we have called them and gave them an up-to-date address.

we were just about to go back to his country to apply for a marriage visa and come back when we heard about new changes to the entry laws. after the 1st of april people who have overstayed have to wait for a year before they can apply for a visa.

I want to know whether my husband would fall into this category and whether if he applied before the 1st of april this would still be the rule. I mean if he applied before then and a desicion was come to after that date would they consider it from the date of application?

i am so stressed over this as i do not want to be away from him for a year.

Either way looking at the current situation I guess it will take more than a year to sort his visa anyways...So why not just go back and apply for a spouse visa from his home country...

[4444]

your husband could qalify under the legacy cases since he claimed asylum in 2000.

[ciran]

i dont even know what a legacy case is? how is he eligible? what is the criteria?

[4444]

a legacy case is as follows


http://www.ilpa.org.uk/infoservice/Info ... 0Cases.pdf


http://www.bia.homeoffice.gov.uk/asylum ... ldercases/

so many people are getting indefinate stay through this. hope it work

good luck

[ciran]

but it says that there is a risk that the person may be sent back unless they meet current criteria for leave to remain...what does that mean, because i dont know if my husband does.

if we went this way and then they deported him - then would it not mean that he would have to wait 10 years before a visa appl?