EXPERT ADVISE NEEDED VERY CONFUSING IMMIGRATION PROBLEM!!!

[duygu]

HELLO EVERYONE!

I would like to thank you to everyone trying to help in this website.

We have a very confusing problem. I will try to explain it as clearly as I can.

My Father claimed asylum in the UK on 7th of august 1998 and we started living there since that date. The council gave us a house and they supported us by income support. In the mean time my brother (12 in 1998) and I went to school and I continued to college afterwards. My father claimed asylum because of political pressure on him in his native country and he was a very wealthy businessman there. The confusing bits starts here, when we were living in England all our assets and investments in the banks has been sold by someone who produced a fake ID of my father. They have been doing that on purpose as they had opposite opinion to my father all events were connected to each other.

While we were loosing everything we had, UK immigration rejected my fathers asylum claim ridiculously by stating that he is very consistent and surely telling the truth. We appealed and they decided for a tribuna at court. We had the tribuna and waited for the outcome. As you may guess it was a rejection. We really did not know what we could do It has been 5 years we were adapted to live in the UK and our case was rejected. The lawyer we had obviously was not updated and experienced, she only suggested us to go back to our country as this was the only option. My father could not see any other option and decided to go back and live for getting, what he lost, back.

Well right after we left in 2002 a new amnesty announced by the home office in 2003 for asylum seekers and illegal immigrants for families granting them ILR.

My father did not withdraw his asylum application when he was leaving, the officer asked him to sign the declaration of his asylum case being withdrawn but he said he does not withdraw the application and also he was not deported he made his decision and returned.

Well in all of us my brother was so effected by these circumstances he had his education there just like I was and could not readapted to another system and our lives has been ruined.

We are only wondering that if we can apply to be concluded under this amnesty law by the british consulate and may even be back there which will make us very happy for the rest of our lives.

Hope this would be possible and someone will be able to guide us.

Every comment will be highly appreciated.

Thanks

[avjones]

Your location is listed as "London", is that right? In your message, you say you left in 2002. Where did you go, and have you all been there ever since?

[duygu]

Well I got married to a EEA citizen in 2002 and in 2005 I applied for EEA family permit to live in the UK and I have my visa finally but my family is still in Turkey and especially my brother is struggling to live there. I did not want to include my personal details when explaining the situation. Sorry If I have confused you.

Do you consider there might be an opportunity for my family to come back to the UK?

I would be grateful if you could guide us.

Thanks in advance,

If you have more questions do not hesitate to ask.

Awaiting you reply

Kind regards

[brownbonno]

Well I got married to a EEA citizen in 2002 and in 2005 I applied for EEA family permit to live in the UK and I have my visa finally but my family is still in Turkey and especially my brother is struggling to live there. I did not want to include my personal details when explaining the situation. Sorry If I have confused you.

Do you consider there might be an opportunity for my family to come back to the UK?

I would be grateful if you could guide us.

Thanks in advance,

If you have more questions do not hesitate to ask.

Awaiting you reply

Kind regards

I am afraid your family asylum claim is nolonger valid since they are back to country of origin and the initial reason(s) of fear or persecution is no longer there.Except there is new claim with new evidence of ---------.
On the other hand the Directive 2004/38/EC made a further clearifications to extended family members and dependants,this could be option for your brother.If and only if there is clear evidence of dependency.

[duygu]

I am afraid your family asylum claim is nolonger valid since they are back to country of origin and the initial reason(s) of fear or persecution is no longer there.Except there is new claim with new evidence of ---------.
On the other hand the Directive 2004/38/EC made a further clearifications to extended family members and dependants,this could be option for your brother.If and only if there is clear evidence of dependency.

Dear Brownbonno
I am sorry to hear that our case is no longer valid but I can tell you that My father is still standing trials for crimes which were committed while we were all in England I guess this is as its on a reason for his case to be reopened.(We have government documents to proof that)

I am grateful for your advise. How can I find detailed info about Directive 2004/38/EC?

What have you meant exactly by clear evidence of dependency?( my brother is 20 years old now)

How can we make the extended family application for my brother ?because I am not an EEA citizen I am only a family member of an EEA citizen.

Thanks for your contribution

Awaiting your reply.

Regards