Please Help - Question about applying from inside the UK

[themax]

A friend of mine from Iraq has been living in London on temporary leave as an asylum seeker for the last 7 years. His case has finally been decided, and he has been refused.

Since living in the UK he has legally married a British citizen and now wants to stay. He otherwise qualifies to apply for leave to remain as the spouse of a British citizen (i.e. language, financial, etc). The only problem is, under the rules it seems that someone who is on a temporary visa cannot apply INSIDE the UK for leave to remain as the spouse of a British Citizen. He cannot go back to Iraq to apply, as he will likely be killed.

Any ideas on what he can do?

THANK YOU & Happy Christmas.

[Casa]

Do they have any children together?

[Amber]

Did you have any appeal right?

[themax]

They do have a right of Appeal, and it's going on now. No, they don't have any children.

[Amber]

Then he needs to gather the evidence to show his life is in danger in Iraq. See also, IRAQ POLICY BULLETIN 1/2009 (click) and Iraq Country of Origin Information (click).

He may also be able to apply for FLR(FP) under EX.1(b) (click).

[themax]

He has already gathered evidence of his life being in danger in Iraq, but the home office has not accepted this.

My question is, now that he is married to a British Citizen, can he apply for leave to remain from INSIDE the UK? The Home Office says not because he is on temporary admission to the UK (albeit for over 5 years). He cannot return to Iraq even if he wanted to; he applied for an Iraqi passport to return home voluntarily but was refused because the shoddy Iraqi records do not recognise him as a citizen of the country.

What to do?

[Amber]

Then he needs to gather the evidence to show the tribunal his life is in danger in Iraq. See also, IRAQ POLICY BULLETIN 1/2009 (click) and Iraq Country of Origin Information (click).

He may also be able to apply for FLR(FP) under EX.1(b) (click).