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asylum seeker

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khankhattak
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asylum seeker

Post by khankhattak » Sat Oct 09, 2010 9:50 pm

my friend is asylum seeker and his case is pending at the moment can he marry with british girl and can he apply for spouce visa within uk and if he can what is the procedure thanks
plz let me know if im saying anything incorrect

avjones
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Post by avjones » Sat Oct 09, 2010 11:37 pm

In what way is his case pending? Has the Home Office made an initial decision?
I am not, and cannot, offer legal advice to particular people. I can only discuss general areas of immigration law.

People should always consider obtaining professional advice about their own particular circumstances.

khankhattak
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Joined: Wed Dec 30, 2009 12:09 am
Location: birmingham
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Post by khankhattak » Sun Oct 10, 2010 9:55 am

avjones wrote:In what way is his case pending? Has the Home Office made an initial decision?
he,s still waiting for decision home office only gave him some paper stating that he is an illigal immigrant and his name ,address all details on it
but no decision has been made yet but he wants to marry with british girl can he apply for visa after then or it is also illigall
plz let me know if im saying anything incorrect

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Casa
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Post by Casa » Sun Oct 10, 2010 10:24 am

Even with an illegal status he can apply to the Home Office for a Certificate of Approval to marry (COA), although the requirement for this is due to be withdrawn. If the couple are able to find an Anglican vicar ( CofE) willing to perform the marriage ceremony they can go ahead without permission from the Home Office.
Normally I would warn that the application for a COA may well alert the authorities to remove him before the marriage takes place, but in this case I assume the Home Office know where to find him without this as he appears to have an Asylum plea pending.
However, he must be aware that marriage on it's own doesn't legalise his stay. He would normally be expected to return to his home country after the marriage to apply for a Spouse visa to re-enter the UK, but if his asylum claim is genuine he would presumably be unable to do this.
He needs legal advice on the best way forward. When and how did he enter the UK? With his own passport or false papers?

avjones
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Post by avjones » Sun Oct 10, 2010 9:42 pm

If he's awaiting an initial asylum decision (rather than a second or later claim) he's already on record with the Home Office, so applying for a Certificate of Approval is the first step.
I am not, and cannot, offer legal advice to particular people. I can only discuss general areas of immigration law.

People should always consider obtaining professional advice about their own particular circumstances.

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