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Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, Administrator

Amber
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Post by Amber » Sun Sep 15, 2013 9:20 am

I think it would be difficult without them being in a civil partnership. Primarily because they couldn't get married/registered in Nigeria if he went back and was refused. Moreover, he may not have sufficient evidence to show a subsisting relationship.
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uchida
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Post by uchida » Sun Sep 15, 2013 10:24 am

D4109125 wrote:I think it would be difficult without them being in a civil partnership. Primarily because they couldn't get married/registered in Nigeria if he went back and was refused. Moreover, he may not have sufficient evidence to show a subsisting relationship.
Thanks again Amber, He has been speaking to a few solicitors on what the best option is. He has so far narrowed it down to these options:

Judicial Review (which I think is expensive and most likely not work)

seek asylum (he's worried of detention, and might fail because he wasn't attacked as a gay man when he lived in Nigeria, though he left when he was 20...though a solicitor he spoke to thinks it's the best option because, the tribunal accepts that he is gay, and the relationship with his partner is genuine, and falls within Article 8, but that they haven't lived together long enough to find in their favour, when making his decision. My mate doesn't trust solicitors a lot these days...he's had a rough experience with them.)

make a in-country application (I'm not confident this will work, because the Article 8 argument was dismissed by the judge at the tribunal)

Go home and reapply as spouse of UK partner, after CP. (this might take about 6 to 9 months to get sorted, and he will be stuck in a homophobic country all the while...and a few of his extended family has become aware of his sexuality and will definitely make his life uncomfortable if he goes back there)

In your opinion, which is the best option?

Cheers again.

Amber
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Post by Amber » Sun Sep 15, 2013 10:37 am

How old is he and how long exactly has he lived in the UK?
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uchida
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Post by uchida » Sun Sep 15, 2013 11:53 am

D4109125 wrote:How old is he and how long exactly has he lived in the UK?
He is 36 now, and came into UK in 1998, but he only has proof of being in the UK via council tax bills going back to 2007.

He was living with his cousin until he moved and started living alone, so there's no paper trail before then. His cousin is prepared to make a statement saying he was living with her since 1998 before he moved.

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