help me plz about asylum or spouse visa

[bigfish]

hello i have being reading this forum for about a 6 months now.
but each time i come and here and read i get this scary no hope reality feeling.
but i have build up the courage to seek more in formation about any likely hood of me becoming a legal person in briton.

i came to the uk late 2001.
genuine reason being. i was working at the major shipping port in my country,
for about 2 years
work involves . taking cargo off container ships.
there was lots of drug dealing carried out daily. and as a port worker having access to ships i was as to ask to bring drugs on the ships.
of which i refused. one day on my shift. there was a big drugs bust.
and they identify me as one of the persons who informed to the security.
my life was in danger. with no one to run to for protection, as in this country there is a lot of corruption. so its hard to trust the police.
and with this serious situation.
of me thinking they can kill me at any time .
i bought a ticket to england

i had some british birth aunts and uncles here.
also my grand father and grandmother came here in the 1940s spent 30 years of there life working here and became british (god rest there souls)
they gave me 6 month visiting visa. as i told them i was here for a visit.
at the end of 6 months i wrote a letter to the home office.
enclose with proof of my wage slips security gate pass, of my job at the ports
and my passport.
and explain the whole situation with me and i clearly stated i was applying for asylum.
for mouths i did not get a reply.

about 5 or 6 months i phoned home office.
they told me they have receive my letter (they tracked it by the royal mail recored tracking)
the lady said its there but i shouldn't have post it to home office as they don't deal with asylum seeking.
she then told me to write to the home office and explain to get reasons why i did not get a reply. and what i should do
i wrote but still no reply. (the letter was not recorded mail)

i am now in a relationship with a british birth female ( not married) . and we now have a 2yld daughter.
before the relationship i was fine, in-terms i could support my self.
But it has reach to a state where i look at my girl friend and daughter, and it breaks my heart that i cant go out there and work, to support them.
as they are on benefits. which can not fully maintain them both.

i have read about getting spouse visa. but it all leads to going back to my county to get married. which i cant, as i sold every thing there and have no family there any more.
plus the corruption and drug dealers are still there
i read about ways to get married it the church of england. but i don't know the full details of doing it.
i have spoke to 2 different free solicitors, as i don't have money to pay a solicitor and they are telling me to go back to my country and get married. (i cant)

so what am asking is for some one who have experience in this . who could point out the best way i could go about pursuing it
either by asylum or spouse visa or any other ways, all though i overstayed.
till this day i have not received any form of contacts form the home office
kind regards

[Frontier Mole]

Nigerian by any chance?

[bigfish]

Nigerian by any chance?

no jamaican.

[Frontier Mole]

You can forget about a successful asylum claim, your story and circumstances will get short shrift at the initial consideration stage, quickly refused and your appeal is not likely to fair any better. Your story might have held some water if you had claimed asylum at the point of entry, however you claimed it at the end of a six month stay in country!

So 7 years on you have no immigration status, a girlfriend and a child. The girlfriend and child is not going to stop you from being removed so you are going to struggle to get to remain in the UK never mind have any status.

Your only viable option is marriage; again it will be an up hill road. You need a CoA certificate of approval to get married. You can apply but do not expect a quick or even a positive response. You came on a visitors visa to begin with so "upgrading" to marriage is a certain refusal. That leaves the Church of England route. If you are not a regular attending member of a CoE church at this time you will find it nearly impossible to get married in the CoE.

The best advice is to return home and get married and apply for a spouse visa. You have said this is not possible so you are stuck with taking your chances in the UK.

[brownbonno]

Nigerian by any chance?

Why do you smell Nigeria in this story?

[Thandia]

hello i have being reading this forum for about a 6 months now.
but each time i come and here and read i get this scary no hope reality feeling.
but i have build up the courage to seek more in formation about any likely hood of me becoming a legal person in briton.

i came to the uk late 2001.
genuine reason being. i was working at the major shipping port in my country,
for about 2 years
work involves . taking cargo off container ships.
there was lots of drug dealing carried out daily. and as a port worker having access to ships i was as to ask to bring drugs on the ships.
of which i refused. one day on my shift. there was a big drugs bust.
and they identify me as one of the persons who informed to the security.
my life was in danger. with no one to run to for protection, as in this country there is a lot of corruption. so its hard to trust the police.
and with this serious situation.
of me thinking they can kill me at any time .
i bought a ticket to england

i had some british birth aunts and uncles here.
also my grand father and grandmother came here in the 1940s spent 30 years of there life working here and became british (god rest there souls)
they gave me 6 month visiting visa. as i told them i was here for a visit.
at the end of 6 months i wrote a letter to the home office.
enclose with proof of my wage slips security gate pass, of my job at the ports
and my passport.
and explain the whole situation with me and i clearly stated i was applying for asylum.
for mouths i did not get a reply.

about 5 or 6 months i phoned home office.
they told me they have receive my letter (they tracked it by the royal mail recored tracking)
the lady said its there but i shouldn't have post it to home office as they don't deal with asylum seeking.
she then told me to write to the home office and explain to get reasons why i did not get a reply. and what i should do
i wrote but still no reply. (the letter was not recorded mail)

i am now in a relationship with a british birth female ( not married) . and we now have a 2yld daughter.
before the relationship i was fine, in-terms i could support my self.
But it has reach to a state where i look at my girl friend and daughter, and it breaks my heart that i cant go out there and work, to support them.
as they are on benefits. which can not fully maintain them both.

i have read about getting spouse visa. but it all leads to going back to my county to get married. which i cant, as i sold every thing there and have no family there any more.
plus the corruption and drug dealers are still there
i read about ways to get married it the church of england. but i don't know the full details of doing it.
i have spoke to 2 different free solicitors, as i don't have money to pay a solicitor and they are telling me to go back to my country and get married. (i cant)

so what am asking is for some one who have experience in this . who could point out the best way i could go about pursuing it
either by asylum or spouse visa or any other ways, all though i overstayed.
till this day i have not received any form of contacts form the home office
kind regards

You could try putting in an application using the Chikwamba case law, making sure you include all suporting documentation that proves the length of your relationship etc. Quite a lot of people who have been unsuccesful in getting LTR based on marriage or indeed the UPV have had better luck with it especially as you have a child. Additionally, these people were not just from Zimbabwe but other countries, including Jamaica. However, it may take a while. As FM says, it may be quicker to go back home & apply from there. By the time they actually do get to your in-country application, the Chikamba case law may have been obliterated.

The casework instruction for article 8 under Chikwama is below:

http://www.ind.homeoffice.gov.uk/siteco ... iew=Binary

[Frontier Mole]

Nigerian by any chance?

Why do you smell Nigeria in this story?

Same story put out by previous (failed) asylum seekers from Nigeria. Only they were false students caught out after a bogus college raid. Just wondered if this was another one.

[Frontier Mole]

As for applying C - that is not going to work. There is nothing to stop him & her from going to JAM perhaps apart from funding. At the moment he is just an overstayer. Even if the out of country element was ignored the spouse visa would fail in any case. So C is not going to help him out.

Why is the spouse visa going to fail? - His partner is already reliant on public funds. So no matter what way he turns he is not likely to get the outcome he seeks.

He is not in a good position and there is little hope of improving his position given what he has told us.

[bigfish]

hello thanks for all the replies.
no i was never a student in the uk. and wasn't in the collage bust.


if say my partner should get a job and come off the benefits. and we also start going church in order to get married.
would i stand a chance at the Chikwamba case law?
also with application for Chikwamba case law. do they require me to give them finger prints and visit a check center every 2 weeks or every month. eg asylum seekers ?

[Frontier Mole]

There is no easy answer to your question. The C case is not the big winner that many people believe it is. Certainly it now benefits a wider range of countries than just ZIM.

The focus of C is on the point that you would certainly be granted entry clearance if you returned to your own country. In your present position that is not the case.

So moving on to bettering your position. If your partner works and gets child tax credits she hopefully will be able to show that she has at least £149 a week after payment of rent then you have a chance. I am assuming there is little or no savings to rely on?

That leaves the marriage side. You will be very lucky to find a CoE minister that readily allows this type of marriage. CoE frowns on any possible abuse of this type of use of their concession. There is also the time that your membership will be considered reasonable for the minister to consider the marriage being appropriate. I am not saying it can not be done, it is just difficult.

As you appreciate all of the above is long term planning.

As for your asylum claim, what to you propose to do about that?

[Wanderer]

I dont understand how the OP has any right to asylum, surely he is merely a victim to some local criminal activity, insidious thought this is?

I mean what is Asylum? I'd assumed it meant political asylum ie threats from the claimants home state, not a local infraction?

I've seen on these boards Russian men claiming asylum cos they dont want to serve in the Army, so can anyone enlighten me - does asylum mean political asylum or can it be granted say if someone in say Chile is being threatened by debt collectors that say they will kill him?

[Wanderer]

Found this;

Under international law, refugees are individuals who:
are outside their country of nationality or habitual residence;
have a well-founded fear of persecution because of their race, religion, nationality, membership in a particular social group or political opinion; and
are unable or unwilling to avail themselves of the protection of that country, or to return there, for fear of persecution.

[bigfish]

i understand what you are saying about the asylum route. that i wont stand a chance. as i dont have hard prof. its going to be my word and only prof that i worked there.

so my best bet would be to start going church and see if we can get married. and if that pulls true. we start working on our financial stutus. in terms of her getting a job to prove that she can support me.

by the way when you send bank statement, tennancy agreement and other paper work
do they do in depth checks with the paper work. ? eg call the banks. visit house speak to landlord
thanks again regards

[Thandia]

i understand what you are saying about the asylum route. that i wont stand a chance. as i dont have hard prof. its going to be my word and only prof that i worked there.

so my best bet would be to start going church and see if we can get married. and if that pulls true. we start working on our financial stutus. in terms of her getting a job to prove that she can support me.

by the way when you send bank statement, tennancy agreement and other paper work
do they do in depth checks with the paper work. ? eg call the banks. visit house speak to landlord
thanks again regards

Some COE parishes have begun requesting for a COA before you can get married there. Looks like in time it may apply to all their parishes.

Jamaica is on the HO white list in terms of claiming asylum. This means in all likelihood an asylum claim will be deemed clearly unfounded with removal or deportation following soon after. I agree with FM & Wanderer, that route is not a viable option.

With the way identity theft and forged documents occur, the likelihood is they may check the authenticity of certain documents like some of the ECO's overseas do.

[bigfish]

Some COE parishes have begun requesting for a COA before you can get married there. Looks like in time it may apply to all their parishes.

.

do you know what parishes the COE require a COA?
also for spouse visa . will they take finger prints and. ask me to visit sign on center every week.
just that i need to know. as i heard they nob people some times . and deport them when they have to sign on at the center