Asylum seeker Marrying with British Citizen

ashok2040 · Post by **ashok2040** » Mon Sep 26, 2011 1:54 pm

Hi everyone .,

I want to find out about my visa problems

i am a asylum seeker . from India and i have claimed asylum on 1 st of march 2011 and it was refused with no in country appeal and my solicitor been to judicial review and my oral hearing on judicial review is on Nov 30th 2011. i was detained from 1st march till 28 August. and i have released from detention by temporary admission . i met my fiancee in my friends shop and we were fall in love . she is working NHS as a medical assistant and owning 1 property worth able Â£250000. i have listed below my questions if anyone willing to answer.

1. Age Difference

I am 23 old and she 42 years old

2. My immigration History

i was a student from oct 2008 to feb 2010 and i went back to india and i came back to england with business visit visa valid for 6 months for august to feb 16th but i arived at heathrow on October this will make any problem on spouse application

3. Marriage:-
We are planning to get married in November But we having a appointment with register to give notice for our on November 1st only . shall i need to give any formal notice to immigration which we are getting married . or i am not allowed to get married in England.

4.Relationship:-
we are friends for from Last October 2010 and i know she was waiting for her divorce . and i had a feelings for her as well . but i use speak with her when was in detention . but i haven't got any prof . and she proposed me when i came out from detention . Recently i have changed my address with immigration to her address . and she got divorce on last June 2011 but she lodged application on December 2010. is there any problem with relationship .

5. Visa:-

if i apply for spouse visa what will happen do i need wait for like 1 year or 2year or home office make immediate decision . and what documents i have to submit with visa application .

6. Other issues :-

Which is when i was in detention they try deport me and they cancelled my ticket themselves . and they are trying to make my travel document for last 7 months but they didn't it will make any problem

Post by **geriatrix** » Mon Sep 26, 2011 2:09 pm

1. No problem, if the relationship is genuine.
2. Let me see if I have understood it correct - you entered UK in October 2010 on a 6 month visit visa that was valid until Feb 2011. You overstayed and applied for asylum in March 2011 which has been refused and UKBA is apparently trying to remove / deport you from UK. Correct? If so, you are currently an overstayer with no legal right to remain in the UK. IMHO, given the your recent immigration history and circumstances of your relationship, any leave to remain application is (highly) likely to come under minute scrutiny.
3. Don't think you need to inform UKBA about your intention to marry. But you may be required to prove to the registrar that your relationship is genuine, and the marriage is not sham.
4. If you can prove that your relationship is genuine, there is nothing wrong in your relationship.
5. If you have a passport, what travel documents are UKBA trying to arrange to be able to remove / deport you from UK? Or have you somehow lost your passport?

ashok2040 · Post by **ashok2040** » Mon Sep 26, 2011 3:34 pm

1.Yeah i entered On Oct 2010 and i haven't overstayed before visa expires i have booked an appointment and the UKBA HO given a date which is 1st march for Screening interview . i never overstayed on my visa . i have lost my passport and i have reported in police station and i have produced police certificate to the immigration as well. The immigration knows i never overstayed in this that's what i heard form UKBA which is stated in my papers when i went to bail . likely they saying i have used verbal deception to gain entry into the uk on oct 2010.

2. Do you know how much is the success percentage for spouse visa .

3. And what documents do i need to produce with immigration when i submit my spouse application . do i need to pay the fees

4. how i can prove my relationship is genuine.

5. if i apply how long it will take to issue visa if everthing is proper

Post by **Greenie** » Mon Sep 26, 2011 11:22 pm

ashok2040 wrote:1.Yeah i entered On Oct 2010 and i haven't overstayed before visa expires i have booked an appointment and the UKBA HO given a date which is 1st march for Screening interview . i never overstayed on my visa . i have lost my passport and i have reported in police station and i have produced police certificate to the immigration as well. The immigration knows i never overstayed in this that's what i heard form UKBA which is stated in my papers when i went to bail . likely they saying i have used verbal deception to gain entry into the uk on oct 2010.

2. Do you know how much is the success percentage for spouse visa .

3. And what documents do i need to produce with immigration when i submit my spouse application . do i need to pay the fees

4. how i can prove my relationship is genuine.

5. if i apply how long it will take to issue visa if everthing is proper

1. You are now an overstayer as you do not have leave to remain in the UK and your asylum claim has beenr refused.

2. Percentages aren't really relevent - what matters is that you meet the rules and provide the evidence of this. From what you have said there is a high chance your application will be refused due to your immigration history.

3. Read the guidance on the documents required. Yes you have to pay the fee for the application.

4. Read guidance and search on the forum. Given your immigration history and the fact that your relationship began recently, whilst you were at risk of removal, you are going to need to provide substantial evidence to show your relationship is genuine.

5. You don't qualify under the immigration rules because you do not have leave to remain. If you apply from inside the UK your application will be refused. You can ask for discretionary leave but given the recent nature of your relationship it would be difficult for you to argue that it would be disproportionate for you to have to leave the UK and apply for a spouse visa unless there are compassionate circumstances you have not mentined

I suggest you seek legal advice on your situation urgently.

ashok2040 · Post by **ashok2040** » Tue Sep 27, 2011 10:27 am

Okay Thanks for your reply .

Do you think if i am not legal in this country why they need to Release they can keep in detention . i asked the immigration when i get released they said you are legal until we get decision from court . so what is that mean. if i am a over stayer the immigration don't allow me to stay here isn it .

Post by **geriatrix** » Tue Sep 27, 2011 12:30 pm

You mention "temporary admission" in your initial post. Did you get something in writing from UKBA to suggest so? If yes, what does the letter say, and does it mention an expiry / end date of this "temporary admission"?

ashok2040 · Post by **ashok2040** » Tue Sep 27, 2011 12:39 pm

i really want make sure the documents which i got is

Bank Statements in her address .,

DNA test for our sexual relationship

Phone calling list

Photos of us like 50 photos on several occasion

engagement photos

hotel bills which we have stayed when we went out

these only i got

I got these documents from her

bank statements

payslips

employment contract

prof of owning the house

thats it i got the documents

ashok2040 · Post by **ashok2040** » Tue Sep 27, 2011 12:47 pm

Hello sushdmehta.,

I got a letter from immigration which is stating that u have been released on temporary admission , so your are not allowed work or engage in business.

I am signing weekly in home office .

and they said if i abscond or if i didn't come to sign that's illegal and you are liable to detain. otherwise you are legal isn't

Post by **Greenie** » Tue Sep 27, 2011 1:48 pm

ashok2040 wrote:Hello sushdmehta.,

I got a letter from immigration which is stating that u have been released on temporary admission , so your are not allowed work or engage in business.

I am signing weekly in home office .

and they said if i abscond or if i didn't come to sign that's illegal and you are liable to detain. otherwise you are legal isn't

temporary admission is not leave to remain. It sounds as if they have released you pending the outcome of your judicial review.

ashok2040 · Post by **ashok2040** » Tue Sep 27, 2011 1:57 pm

Thats true . they are waiting for result from high court . but my friend asylum seeker did marriage when he was in temporary admission . and he applied spouse visa . he got it . but i have read all his paper when he applied for visa his asylum and appeal rights all exhausted. and he was lived with her for 2 months only and he applied for visa . i dunno how he did .

Post by **geriatrix** » Wed Sep 28, 2011 2:43 pm

If you have temporary admission, then I believe you cannot be classed as "overstayer".

ashok2040 · Post by **ashok2040** » Wed Sep 28, 2011 3:59 pm

hi sushdmehta.,
i am in temporary admission . I think as per the home office rule i am not a overstayer . But my solicitor told me still i can apply for spouse visa . i dont know how it will make difference between leave to remain and temporary admission

Post by **Greenie** » Wed Sep 28, 2011 6:09 pm

ashok2040 wrote:hi sushdmehta.,
i am in temporary admission . I think as per the home office rule i am not a overstayer . But my solicitor told me still i can apply for spouse visa . i dont know how it will make difference between leave to remain and temporary admission

Ask your solicitor to refer you the law that says you qualify for leave to remain as the spouse of a settled person when you are currently in the UK on temporary admission.

In order to apply for leave to remain as the spouse of a settled person you need to meet this requirement (as well as other requirements set out in the rules

http://www.ukba.homeoffice.gov.uk/polic ... _partners/

"the applicant has limited leave to enter or remain in the United Kingdom which was given in accordance with any of the provisions of these Rules, other than where as a result of that leave he would not have been in the United Kingdom beyond 6 months from the date on which he was admitted to the United Kingdom on this occasion in accordance with these Rules, unless the leave in question is limited leave to enter as a fiance or proposed civil partner;"

temporary admission is not limited leave to enter or remain and therefore you do not meet this requirement.

ashok2040 · Post by **ashok2040** » Wed Sep 28, 2011 7:44 pm

There is a chance to refuse which is i haven't got entry clearance as per the following guidance
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

and the another thing i am not in the following category as per your source
http://www.ukba.homeoffice.gov.uk/polic ... _partners/

280. For the purposes of paragraphs 278 and 279 the presence of any wife or husband in the United Kingdom in any of the following circumstances shall be disregarded:

(i) as a visitor; or

(ii) an illegal entrant; or

(iii) in circumstances whereby a person is deemed by Section 11(1) of the Immigration Act 1971 not to have entered the United Kingdom.

i am not in above category anyhow . so what is the procedure to do so .

Post by **Greenie** » Wed Sep 28, 2011 8:14 pm

ashok2040 wrote:There is a chance to refuse which is i haven't got entry clearance as per the following guidance
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

and the another thing i am not in the following category as per your source
http://www.ukba.homeoffice.gov.uk/polic ... _partners/

280. For the purposes of paragraphs 278 and 279 the presence of any wife or husband in the United Kingdom in any of the following circumstances shall be disregarded:

(i) as a visitor; or

(ii) an illegal entrant; or

(iii) in circumstances whereby a person is deemed by Section 11(1) of the Immigration Act 1971 not to have entered the United Kingdom.

i am not in above category anyhow . so what is the procedure to do so .

I am not sure why you are quoting para 280 - this is only relevent to polgyamous marriages.

The paragraph I quoted was 284(i).

You need to seek legal advice on your options.

ashok2040 · Post by **ashok2040** » Fri Oct 07, 2011 7:15 pm

Okay what reason they can refuse my application ??

and what i need to do now to apply for a visa .

is there any possibilities to get visa if apply from in country .

ifi go back to india i would be in trouble and the Home ofice will ban me for 10 years isnit

Post by **Greenie** » Sat Oct 08, 2011 7:02 am

ashok2040 wrote:Okay what reason they can refuse my application ??

and what i need to do now to apply for a visa .

is there any possibilities to get visa if apply from in country .

ifi go back to india i would be in trouble and the Home ofice will ban me for 10 years isnit

i have already explained why your application will be refused. You don't have leave in order to switch in country to leave to remain as a spouse. Your relationship is recent and therefore you are unlikely to be granted leave outside of the rules either. You haven't mentioned you and your girlfriends financial circumstances so it is impossible to comment on that aspect of your case.

Applications to join settled spouses are not subject to mandatory bans however you might be caught by paragraph 320 11. As already advised seek competent legal advice.

Post by **Greenie** » Sat Oct 08, 2011 7:31 am

sushdmehta wrote:If you have temporary admission, then I believe you cannot be classed as "overstayer".

There are plenty of overstayers on temporary admission. He doesn't have leave to enter or remain and is not covered by section 3c. From what he has said he either being treated as an overstayer or an illegal entrant if they conside he used deception to enter the UK as a business visitor. What is clear is that he cannot switch.

ashok2040 · Post by **ashok2040** » Sat Oct 08, 2011 10:19 am

Thanks greenie ,

Financial :-

She is working in Nhs and owing two properties totally worthable about
Â£500000 more than that . She earns more than Â£1500 a month . one house is non mortgaged and another one Is mortgaged . I ain't got anything as my financial statememts or something . I can get statements from India .

I did the English exam which they specified in the requirements .
we are living in the same address now and I have changed my address with home office as well .

I am a asylum seeker . And my case is in high court and I am temporary admission . Do you am overstayed .

Which form I have use for applying spouse visa . If have please give me the link .

Can I apply myself . Is this recommended . Because my fiancÃ©e is said me it's just application we will fill it and send it .

ashok2040 · Post by **ashok2040** » Sat Oct 08, 2011 10:23 am

I haven't used any deception when I came to the airport they didn't ask me nothing . They just stamped my passort and said enjoy England but the home office I used deception to gain entry .

Kitty · Post by **Kitty** » Sat Oct 08, 2011 10:44 am

ashok2040, if you present a visit visa at the border as a means to gain entry, but have the intention to stay on for another reason and not to leave as per the terms of that visa, then you are exercising deception at that point.

preda florentina · Post by **preda florentina** » Mon Jan 20, 2014 9:51 pm

Hello..I just need to ask one question who is able to answer me..if you are in temporary admission,you c a n get marry in u.k???ifmy case is in high court and I get right of appeal f r om this country. .Thanks.

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