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✎ EN British Citizen and Failed Asylum seeker want to move.

Discussion in 'Immigration UK' started by ranjandamanda, Feb 11, 2006.

  1. ranjandamanda

    ranjandamanda New Member

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    Hi all,
    Wondering if anyone out there can give us some advice.
    I am a British Citizen and my partner's asylum claim has been refused. We live together and want to marry,and to live a normal life, but as his leave to remain has expired this is very difficult. It would mean him returning to Iraq to get an Entry Clearance visa, and even then we would have to wait a long time until he is allowed to work.
    We have been thinking about moving from the UK, possibly to Spain, and I have read something about EEA permits where a non-EU partners can also apply. Would this apply to our situation? And would my partner have any chance of gaining 'legal' status in Spain as my partner?
    Any advice would be welcome as this is really a starting point for us.
    We just want to be together, legally and be allowed to make a good life for ourselves.
    Thanks
     
  2. Triple H

    Triple H Addicted member

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    Hi



    I would suggest you get solicitor.This is very hard case to crack but not impossible.
     
  3. ben_ifa

    ben_ifa Active Member

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    To my understanding, an EEA resident has the right to live and work, unrestricted, in any country in the EEA. The EEA resident's non-EEA spouse, is also ENTITLED to join them and have exactly same rights as a national of the indended country. The only exception, bizarrely, is the intention to reside in the EEA resident's country of origin. For example, I am British, and my Singaporean wife does not have an automatic right to join me to live in the UK. This has to be applied for and can be rejected. However, we can both (together) reside in any other EEA with no restriction.
     
  4. Triple H

    Triple H Addicted member

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    I cant see relevance to this case.
     
  5. ben_ifa

    ben_ifa Active Member

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    The relevance is that the situation is similar, only different countries. If the British national wants to live in Spain with her non-EEA spouse, it is legal, in fact it is an entitlement. That fact that the non-EEA spouse is a failed UK asylum seaker has no effect on his right to join his EEA spouse in another EEA country to live and work (or not work, if they can support themselves through their own, independant means).
     
  6. Triple H

    Triple H Addicted member

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    I think you havent read her post properly.They are not not even married.
    Failed asylum seeker is another thing all together.
     
  7. brownbonno

    brownbonno Active Member

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    Tripple H,

    Remember the right to marry in the Uk have been hijacked by the government.
    Failed Asylum seekers are human beings like you and me.Who's rights and rights of the partner are been robbed my legal constaints planted by the government.Cases are in courts on challenges of this rules/laws.
    A forum like this should be used to creat awareness for people to know their basic human right without been prejudicial based on race or backgroung.If somebody want to marry a failed asylum seeker,there should be a provision in place for them,than sending them away to there country of origin.Remember such travel involve cost.
    LETS HAVE A FREE AND RESPONSIBLE SOCIETY.
    EU citizens should be allowed to enjoy the benefits of the EU treaty rights.Otherwise there is no need for a united Europe.
    BB
     
  8. ben_ifa

    ben_ifa Active Member

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    My mistake, sorry. I indeed misread the original post and thought the couple were already married.
     
  9. Triple H

    Triple H Addicted member

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    :confused:

    Dont we all???!!!!
     
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