post-flight or pre-flight?

joyjem · Post by **joyjem** » Fri Mar 04, 2016 11:49 am

Hi,

My case is quite complicated. My husband came to the UK in 2002 with a visitor visa and overstayed until he claimed asylum in January 2015 and was granted asylum status in January 2016. We married in UK in June 2013 and we have a child and he was born in August 2013.

I am currently holding a student visa and our son is my dependent. I am not sure am I a pre-flight family member or a post-flight family member?

According to paragraph 352A
(ii) the marriage or civil partnership did not take place after the person granted refugee status left the country of his former habitual residence in order to seek asylum; an

- Our marriage took place before he claimed asylum and before he was granted asylum status
- Our marriage took place after he left his own country however at that time when he left his country, he was on visitor visa and not in persecution
- He did tell home office he has a wife and a son in the UK when he had his screening interview and asylum interview

Can me and my son consider as a pre-flight family members as I would like to extend my stay in the UK.

Many thanks.

physicskate · Post by **physicskate** » Sat Mar 05, 2016 4:33 pm

joyjem wrote:Hi,

My case is quite complicated. My husband came to the UK in 2002 with a visitor visa and overstayed until he claimed asylum in January 2015 and was granted asylum status in January 2016. We married in UK in June 2013 and we have a child and he was born in August 2013.

I am currently holding a student visa and our son is my dependent. I am not sure am I a pre-flight family member or a post-flight family member?

According to paragraph 352A
(ii) the marriage or civil partnership did not take place after the person granted refugee status left the country of his former habitual residence in order to seek asylum; an

- Our marriage took place before he claimed asylum and before he was granted asylum status
- Our marriage took place after he left his own country however at that time when he left his country, he was on visitor visa and not in persecution
- He did tell home office he has a wife and a son in the UK when he had his screening interview and asylum interview

Can me and my son consider as a pre-flight family members as I would like to extend my stay in the UK.

Many thanks.

Surely pre-flight means before he left his former country of residence.

Post by **Greenie** » Sat Mar 05, 2016 11:05 pm

2.4 Refugees sur place
A "refugee sur place" is someone who falls within the Convention definition of a refugee some time after they left their home country or place of habitual residence. For instance, a person already outside their country of origin when a change of circumstances occurs in their home country which gives rise to a well-founded fear of persecution for a Convention reason.
Individuals who are granted refugee status or humanitarian protection on sur place grounds are eligible for family reunion. For such individuals, as long as the family unit was formed before the claim of asylum, it will be treated as ‘pre-flight’.

this is from the family reunion guidance. however why we're you not included as dependents on hour husbands claim?

joyjem · Post by **joyjem** » Tue Mar 08, 2016 11:24 am

Hi Greenie and Physicskate,

Thanks for the reply.

Post by **Casa** » Tue Mar 08, 2016 12:02 pm

Greenie wrote:
2.4 Refugees sur place
A "refugee sur place" is someone who falls within the Convention definition of a refugee some time after they left their home country or place of habitual residence. For instance, a person already outside their country of origin when a change of circumstances occurs in their home country which gives rise to a well-founded fear of persecution for a Convention reason.
Individuals who are granted refugee status or humanitarian protection on sur place grounds are eligible for family reunion. For such individuals, as long as the family unit was formed before the claim of asylum, it will be treated as ‘pre-flight’.
this is from the family reunion guidance. however why we're you not included as dependents on hour husbands claim?

You haven't asnwered Greenie's question.

Post by **noajthan** » Tue Mar 08, 2016 12:16 pm

Casa wrote:You haven't answered Greenie's question.

That question may be re-written as:

... why were you not included as dependents on your husband's claim

joyjem · Post by **joyjem** » Tue Mar 08, 2016 2:16 pm

Hi,

I did not add as dependent on my husband's claim is because I was doing my PhD in UK and I was a second year student (currently I am a third year PhD student). If I add as his dependent then my student visa will be revoked.

ba1000 · Post by **ba1000** » Mon May 15, 2017 3:14 am

can anyone help me about refugee post-flight application form to apply for indefinite leave to remain

I got 5 years and 3 months visa post flight spouse /cp in 2011 due to expire next month on 08/06/2017

I want help how to apply for indefinite leave to remain
thanks

dbcvk · Post by **dbcvk** » Sat Jun 03, 2017 1:51 pm

ba1000 wrote:can anyone help me about refugee post-flight application form to apply for indefinite leave to remain

I got 5 years and 3 months visa post flight spouse /cp in 2011 due to expire next month on 08/06/2017

I want help how to apply for indefinite leave to remain
thanks

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