Positive Asylum Appeal - What Happens Next Please ?

[Tim_UK]

My fiancee has just recieved the judges determination on her appeal and has been granted asylum.

Can you advise what the next stages are ?

I understand she will get some further paperwork from the home office and until this arrives she cannot work. How long does this tend to take ?

She originally applied for asylum in 2004 and has never claimed any benefits or anything - is she entitled to any backdated claims ?

When can she apply for a british passport - I think this is often five years - but is this from the time of her original asylum application/arrival in UK or the date of the determination - do things improve if we marry before then ?

thanks for any advice.

[Jeff Albright]

I suggest that you wait for at least a couple of weeks to see if the Home Office appeal the AIT's decision.
If they don't I would recommend that you call the INEB and find out what to do next. She will need to send the determination and her photographs in order to be issued with the paperwork.

[antontony]

The Home Office may apeal against taht decision (10 working days). If not, she will have to forward the determination to the UK Immigration services who is dealing with her case.

What sort of asylum has she been granted ? Refugee/Humanitarian Protection or Discretionary leave ? The Refugee/HP status now gives her the right to live in the UK for 5 years. Upon completing tha 5 year term her case, under the new rules, will be seriously re-assessed and that means that she may be sent back, if the situation in her home country wil change for the better.

If she would at that time still require protection in the UK and the situation in her country of origin would not change, she will be granted settlement in the UK and then, normally 12 months later - she will be eligible to apply for naturalization as a British citizen.

If she was granted DL, the situation is more complex. DL is granted for 3 years only and must be extended for another 3 years. Then - active review. Them - possible settlement.

Regards,

Anton

[Tim_UK]

Many thanks for your replies.

She has been granted full Refugee Protection and the appeal period has passed.

Grateful for any views on the benefits issues - to date she has never claimed any benefits or anything - is she entitled to any backdated claims ?

Also can we marry without the need for a "certificate of marriage approval" ?