HUMANITARIAN CONSIDERATION?

[emexa3]

Dear All,

I have this friend from Nigeria:

1. Wife and 7-year old son came as visitors 2004.
2. Wife is HIV+
3. Decided to stay in the UK for care and treatment
4. To forestall degrading ad possible being honour killed in the hnd of the in-laws.
5. Husband absconded.
6. Husband later came to UK as Student..2 years later.
7. Now they have a new baby of 6 months born in the UK.
8. Wife refuses to go back..fearing for her life ad not trusting the husband ability to brig them back to the UK.
9. Wife wants to claim asylum on compassionate ground with her two children. 1 is now 10 years..and the other is 6-months.
10. Husband is on his own in the UK legally and do not live with them.
11. Wife has been sustaining self with money she came with...and sent by husband .
12. The wife mother that had been footig the main(bill) burden recently died.
13. She now decided to work..but first wanted to be legal to do so by claiming asylum.
14. Has Bsc and post graduate diploma degrees and lots of work experience.
15. Cannot breadfeed the little kid.
16. No relation again at home

Now:

1. What is the best route ?
2. What is the likelyhood that this asylum claim being positive?

Thanks for your assistance.

Emexa

[PaperPusher]

What do you mean by "client"?

If you cannot help yourself, shouldn't you refer her to a level 3 OISC representative or solicitor who specialises in helping people in your client's situation, and not post on an internet forum.

[emexa3]

Just needed some comments on how to proceed??

Thousands of people have benefited from the insight from this GREAT forum.

Thanks in advance

[Frontier Mole]

On her immigration history she has no hope of a sucessful asylum claim.
Not one single point you raise will help her.
HIV+ can be treated in Nigeria, she can relocate to another part of the country to get away from her in law's, the kids are meaningless as not been in the UK for 7 years on more, came on a visitors visa, used the UK NHS illegally, asylum is not based on compassionate grounds, she can not work in the UK as she is an illegal immigrant.

You obviously have no knowledge of immigration matters, so why are you holding yourself out as an advisor? God help her if she is relying on you for anything let alone an asylum application.

The best thing you can do is to get her the phone number for BA so she can book a flight home. At least that way you will be doing something positive.....

[emexa3]

On her immigration history she has no hope of a sucessful asylum claim.
Not one single point you raise will help her.
HIV+ can be treated in Nigeria, she can relocate to another part of the country to get away from her in law's, the kids are meaningless as not been in the UK for 7 years on more, came on a visitors visa, used the UK NHS illegally, asylum is not based on compassionate grounds, she can not work in the UK as she is an illegal immigrant.

You obviously have no knowledge of immigration matters, so why are you holding yourself out as an advisor? God help her if she is relying on you for anything let alone an asylum application.

The best thing you can do is to get her the phone number for BA so she can book a flight home. At least that way you will be doing something positive.....

Hi,

Thank you but I am not her professional adviser as I am a neophyte here!

Believe that I could try to get knowledge from your goodselves. I must also note there is a thick line between an "illegal" immigrant and an "overstayer". People come here for knowledge even when they are "goat heads". This forum offers tremedous but kind, down-to-earth, insightful advise to thousands of members and guests. Advise are normally based on point of immigration law and references. Because someone is not an expert or an authority means there often "stupid" questions. Experts here usually tackle questions from that point of view. It sounds a little bit below standard to tell someone that made innocent enquiry to CALL BA and RUN!!

Meanwhile, your opinion is welcome...but then in what other way could she remain or come back to the UK..please.

Thanks,

Emexa

[Frontier Mole]

Get one thing straight - an illegal is an illegal. An overstayer is a nice word to avoid the use of illegal - that is all. There is not a thick line between one and the other. Someone with no immigration status and no route to status is an illegal.

If you think an overstayer has more rights than an illegal immigrate you are wrong. The same rules apply to both because they are one of the same; even if you give them different titles they are equally liable to the same immigration controls.

You consider the reply to be below standard - really? How do you measure the standard, by advice that you like or the actual realistic reply that you got. Nigerian asylum claims - about as likely to succeed as my club winning the Premier League - com'n ye Spurs. Not impossible but highly unlikely

As I said before - the best advice is to get her to go back home - end of. Why? Because the routes suggested in you OP will lead to nothing, she is liable to be detained with her children and removed just like any other illegal. Worse still she will receive a ban on entry to the UK for 10 years if removed.

As for coming back to the UK, if she can qualify under some other way such as the dependent of her husband for instance or gaining work through the proper channels or even further study. There are plenty of options. The question is does she qualify?