A BIT OF HELP PLEASE!

CONFUSED2008 · Post by **CONFUSED2008** » Sat Dec 13, 2008 11:46 pm

Hi, i am an asylum seeker who has been in the u.k for 4 years, 2 years after i came here i met my fiance (she is a british citizen) we decided to get married and made an application for a c.o.a, which has been granted by the home office, due to the information me and my fiancee supplied about our relationship, we are due to be married in january 2009. When i recieved the c.o.a from the home office there was also a letter accompanying it stating that i would have to apply for the F.L.R (M) form. my main concern is that I do not have my passport, or a visa in order to qualify for the 6months remaining visa period. i do however have my IND card as proof of identity, i do not kow what to do and my fiancee is concerned that i may have to go back to my home country in order to apply for this, please help!!

paulp · Post by **paulp** » Sun Dec 14, 2008 12:06 am

Is you asylum application still being considered? Do you know if your stay is still considered legal up to this point?

It will make a big difference, as if you're now illegaly in the country, it will be faster to return home to apply for a spouse visa after getting married.

CONFUSED2008 · Post by **CONFUSED2008** » Sun Dec 14, 2008 12:08 am

hi, yes my asylum case is still being considered, i am staying here legally

CONFUSED2008 · Post by **CONFUSED2008** » Sun Dec 14, 2008 1:15 am

PLEASE GUYS! I NEED SOME ANSWERS!!

Post by **Frontier Mole** » Sun Dec 14, 2008 1:32 am

Why the big urgency?

You are getting married in Jan 09 so what is the problem?

CONFUSED2008 · Post by **CONFUSED2008** » Sun Dec 14, 2008 1:35 am

Just wanna know what to do thats all

Post by **Frontier Mole** » Sun Dec 14, 2008 1:38 am

Where are you from as that will be a factor on returning to your home country to apply for the spouse visa.

CONFUSED2008 · Post by **CONFUSED2008** » Sun Dec 14, 2008 1:39 am

im from iran

Post by **Frontier Mole** » Sun Dec 14, 2008 1:47 am

You would be expected to go back to Iran for your spouse visa to be granted HOWEVER without an asylum decision things are in your favour as it can still be argued that it is unsafe for you to return.

If you were to get an asylum refusal between now and the in country spouse application then you would be expected to return to Iran.

Iran is a difficult country so it is hard to say what the view from UKBA would be on returning to make the application. Is there any REAL problems with returning as far as you are concerned?

Suggest you take advice as this is not a clear cut case and you might benefit from a case called Chickwamba.

CONFUSED2008 · Post by **CONFUSED2008** » Sun Dec 14, 2008 1:55 am

yes there are factors preventing me from going back to iran, i am also worried about taking my fiance with me as it is unsafe to do so, we are also worried about me returning home, im just unsure about what i should do.

Post by **Frontier Mole** » Sun Dec 14, 2008 2:13 am

As I said get some professional advice.

If your asylum claims gets accepted then your worries are over. To be fair most Iranian claims are rejected as they are usually pretty poor claims. Sorry I work for the "other" side and I am not impressed with the majority of the asylum stories I see and hear.

A couple of things you could do:
Chase up your asylum claim to get a decision.
If you had a legal rep for asylum claim talk to them.
Read the Chickwamba case.

As for going back to Iran - you either can or you can't go back so stick to one or the other. How can you be worried about taking your fiancÃ© there if you say you would have problems? If you can not go back you can not go back end of. If your "problems" are not the sort of thing that will get you an asylum grant then you are kind of stuck with going back. You do not need to take her with you as you will be married, have a mountain of paperwork showing you living together etc. and therefore it will be a straight forward spouse visa entry application.

First things first sort out your asylum claim.

CONFUSED2008 · Post by **CONFUSED2008** » Sun Dec 14, 2008 2:33 am

yes i would have problems going there and i dont want to go back, "end off", but as you said in your previous aswer that i would be expected to go back to iran for my spouse visa to be granted i was mereley stating how i and my fiancee felt about it. you dont know me, and you dont have any right to judge me no matter how many asylum claims you have read? this forum was set up to help people with their immigration problems, not to humilliate people and call them liars. quite frankly i am dissapointed in your answer and will be seeking professional advice about my case.

Post by **Frontier Mole** » Sun Dec 14, 2008 2:58 am

This forum is about giving people forthright advice. Some like you do not like the advice or truth and find it difficult to deal with.

I might not know you but I can say your claim is almost certainly pants, like most Iranians, so I really don't care what you think. And I have every right to judge you, you are an asylum claimant and it is my job to sort out the sheep and goats. If your claim was worth a toss you would have jumped up and down to get it sorted by now. You have not done so therefore it is a obviously a waiting game for you, hoping you get enough time in the UK to get to stay under a legacy claim. Or there is always the marriage route.....

It would not even surprise me if you were one of the thousands of allegedly homosexual Iranians asylum claims that are in the system

Amazing how many either become bi-sexual or see the light and now like woman.

Anyway as I said get your asylum claim sorted out and get professional advice and hope for the best..... you never know you might not have to go back to Iran for your spouse visa.

paulp · Post by **paulp** » Sun Dec 14, 2008 8:28 am

CONFUSED2008 wrote:yes i would have problems going there and i dont want to go back, "end off", but as you said in your previous aswer that i would be expected to go back to iran for my spouse visa to be granted i was mereley stating how i and my fiancee felt about it. you dont know me, and you dont have any right to judge me no matter how many asylum claims you have read? this forum was set up to help people with their immigration problems, not to humilliate people and call them liars. quite frankly i am dissapointed in your answer and will be seeking professional advice about my case.

Confused, you would do well to extract the most information from Frontiermole's posts. He is giving you an insight on what it's like from the other side, make the most of it.

In your case, you can use chikwamba to argue that you can't return home to apply for your spouse visa but it should be up to your legal representative to make that decision, he's got all the facts surrounding your situation, which is complicated by the asylum and its timing, not us.

republique · Post by **republique** » Sun Dec 14, 2008 12:23 pm

CONFUSED2008 wrote:yes i would have problems going there and i dont want to go back, "end off", but as you said in your previous aswer that i would be expected to go back to iran for my spouse visa to be granted i was mereley stating how i and my fiancee felt about it. you dont know me, and you dont have any right to judge me no matter how many asylum claims you have read? this forum was set up to help people with their immigration problems, not to humilliate people and call them liars. quite frankly i am dissapointed in your answer and will be seeking professional advice about my case.

Please do seek professional advice. You are truly missing a golden nugget of insight with FMs info. However, do not drag your spouse back to a country you considered dangerous for you, that would be really inconsiderate. Plus your spouse would help your case more in the UK than being out of her element in Iran.

Post by **Frontier Mole** » Sun Dec 14, 2008 2:04 pm

I gave the OP the right direction to follow and he still moans!

Thanks for the support from R & P.

It is amazing that so many asylum claimants take offence when you say their story is unlikely to worth the paper it is written on. The facts speak for themselves. 80% of all cases are dismissed in court, for some countries it is a higher percentage than others.

Every Iranian case I have dealt with this year was I have won. Their claims are truly awful and in the majority they involve some form of alleged homosexual act they got caught doing. BUT they always escape and have a fantastic adventure to get to the UK, dodging the border guards, getting their Army Colonel friend to sneak them out, hiding in some amazing concealment, dressing up as woman and any other type of true adventure theme you care to mention. I think they see US movies and believe it must be true!
Their story starts to crumble as soon as you ask for detail, names, times, when, how, where, it is as if they can not hold anything in their head other than the story line and some how do not expect to get asked anything else.

"I can't remember" is something you get a bit sick of hearing at interview or in court although it is the most probable response to any question that can not be answered from the boys own adventure story they have put forward.

republique · Post by **republique** » Sun Dec 14, 2008 2:23 pm

Frontier Mole wrote: Their story starts to crumble as soon as you ask for detail, names, times, when, how, where, it is as if they can not hold anything in their head other than the story line and some how do not expect to get asked anything else.

"I can't remember" is something you get a bit sick of hearing at interview or in court although it is the most probable response to any question that can not be answered from the boys own adventure story they have put forward.

Thats too bad because it mucks up the cases that might be true.
For instance, I went to a show and they gave me and friend a free entry pass to nightclub and told us that our pass gave us free drinks all night. unfortunately, they forgot to tell the club about the free drinks so when a row started about who was paying for the drinks, my mate said it was for all night but because the manager was so aggressive and accusatory, I got nervous and said it was until 11pm when I didn't mean that at all. Anyway, the manager took that to mean our stories weren't straight and we were lying. However, another person who was told the same thing stepped in and told the manager, that was what he was told as well and said and I don't know these people so I have nothing to gain by helping them out and pointed out you have a problem because more people are coming with that impression. The manager didn't apologize for being so rude to us, but he did tell the bartender that we didn't have to pay and ran off to the entrance to deal with the others who might be coming for free drinks.
This is by no means on the same level of asylum claimants but I can understand how someone in a stressful situation can mess up his story and it certainly doesn't help when others are just trying to get over in the system.

Post by **Frontier Mole** » Sun Dec 14, 2008 4:05 pm

You nervous - please

There is some difference between the great detail that someone can remember but so quickly can not recall the same level of detail when asked a direct question in relation to the information just given.

"I crossed the border in an Army jeep hiding in the foot well. The jeep was driven by X and he is such and such rank. The jeep was a green colour and it had cover over the back and a stand for a machine gun to be mounted on. There were no seats in the back"
How many days after you escaped from the police did you journey over the border in the jeep?
" Err, erm, I think it was 5 days after I escaped"
Are you sure?
"Yes five days after I escaped. My father is a close friend of X and he is a high ranking officer that is why we did not get stopped crossing the border"
So you were not stopped on the other side by the other countries border guards?
"No, they know X and allow him to pass"
Ok, so how did you get on the plane from Turkey on this date (showing fake passport used to get into UK) - 2 days after you said you escaped from the police?
"I can't remember...."
Really?

What part is the truth, is any of it the truth - inevitably not. They do not think quick enough or clearly enough to see how preposterous their story really is. What country is going to allow a military vehicle from another country to freely cross their border unchecked- get real!!!
Then the little matter of being two different places at once!! It is just too easy sometimesâ€¦

A lie comes from a liar and liars are liars whatever.

republique · Post by **republique** » Sun Dec 14, 2008 5:26 pm

Frontier Mole wrote:You nervous - please

I thought you liked me FM

jei2 · Post by **jei2** » Mon Dec 15, 2008 1:42 pm

What's wrong with you FM - you meanie!

Have you not heard of that acute medical affliction known as selective memory?

In fairness to the OP we don't know the facts of the case and shouldn't judge. Sometimes there can be some surprisingly horrendous cases proven under what might initially seem to be a tissue of lies.

Confused2008, you need to relax a bit. With the grant of a COA things appear to be going in your favour. Get your asylum situation clarified if you can to see where you stand in terms of returning home for the spousal visa.

Post by **Frontier Mole** » Mon Dec 15, 2008 1:59 pm

I do not think Confused wants to come out and play!

As for being a meanie, I could get his file out and see if it is a refusal or an outright refusal

Can't be bothered with the effort, will let someone else refuse it.....

Have you picked up the PM? Do you EVER pick up the PM's.....

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A BIT OF HELP PLEASE!

A BIT OF HELP PLEASE!