Asylum or human right??

[razraz]

A friend of mine in the UK for last 8 years in tier 4 student visa. Had 2 kids 4 and 2 . He can't extend student visa becoz of new rules. Can he claim asylum in order to stay here n make it 10 years or is there any chance he can lodge a human right application becoz his kid go to school and age running at 5 years. Will tht help to make a case stronger. Becoz kid goes to school and when asked she doesn't wana go back to parents country. Any chance??

[PaperPusher]

A friend of mine in the UK for last 8 years in tier 4 student visa. Had 2 kids 4 and 2 . He can't extend student visa becoz of new rules. Can he claim asylum in order to stay here n make it 10 years or is there any chance he can lodge a human right application becoz his kid go to school and age running at 5 years. Will tht help to make a case stronger. Becoz kid goes to school and when asked she doesn't wana go back to parents country. Any chance??

I bet when asked the four year old would prefer chocolate or a favourite food for every meal.

[razraz]

A friend of mine in the UK for last 8 years in tier 4 student visa. Had 2 kids 4 and 2 . He can't extend student visa becoz of new rules. Can he claim asylum in order to stay here n make it 10 years or is there any chance he can lodge a human right application becoz his kid go to school and age running at 5 years. Will tht help to make a case stronger. Becoz kid goes to school and when asked she doesn't wana go back to parents country. Any chance??

I bet when asked the four year old would prefer chocolate or a favourite food for every meal.

Thank you. That was really helpful .

[physicskate]

A friend of mine in the UK for last 8 years in tier 4 student visa. Had 2 kids 4 and 2 . He can't extend student visa becoz of new rules. Can he claim asylum in order to stay here n make it 10 years or is there any chance he can lodge a human right application becoz his kid go to school and age running at 5 years. Will tht help to make a case stronger. Becoz kid goes to school and when asked she doesn't wana go back to parents country. Any chance??

This smells of something...

The only way your 'friend' can apply for asylum is if he has a legitimate claim. Having lived here for 8 years already makes it looks as though there is NOT a legitimate asylum claim. Having kids does not anchor you here, unlike the USA. The kids would have to be over 7 years old...

This looks like your friend trying to subvert the rules and make legitimate immigrants look like scroungers. These stories make me angry...

[Amber]

You can put in a claim for family life. Whether you're successful is a different story. Write a compelling story why you should be granted leave, time in the UK, strong ties and children here will all support your case.

[vignette]

Surely after 8 years as a student - your friend should have suitable qualifications to enable him to apply for a job under Tier 2?