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✎ EN Unmarried partner visa for failed asylum seeker ?

Discussione in 'Immigration UK' iniziata da hope, 14 Febbraio 2007.

  1. hope

    hope New Member

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    hi,

    My partner is a failed asylum seeker who has agreed to return voluntarily. We have been in contact with immigration enforcement unit and they have agreed to let my partner stay under his bail conditions until we sell our house and leave at no cost to the tax payer, they have also offered to give us advice on which country we can travel to together, as he is from Afghanistan and there is no entry clearance services at the british embassy there. It will probably be Dubai or Pakistan. They have also offered to help with his visa to this country as they have his passport.

    Now for the questions !!!

    This is was my partners second asylum claim in the UK and we went to tribunal which also failed. We decided not to appeal again and as I said above leave voluntarily.

    Will he be classd as having poor immigration history ?

    He was detained in May 2006 and issued removal orders, but he was released on bail pending the home office decision.

    We have proof that we have been together before he was detained.

    By october 2007 I have all the documents to bring him back to the Uk ( he wont be leaving before then ) as my unmarried partner ie, 2 years worth of corresponding bank statements, utility bills, contract mobile phone bills, HM customs tax documents, photos over the 2 year period, council tax etc.

    But even if he leaves voluntarily, will he still be classed as having poor immigration history as he has had 2 claims to the home office and was detained ?

    The immigration service have said they would probably write a help letter saying he has kept all the conditions he was given.

    Any advice before we leave the country ?
     
  2. Debitom55

    Debitom55 New Member

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    Failed Asylum Seeker

    Hi sorry to hear about your problem. I can fully simperthise with you as you are in the same situation as I was in at this time last year. My husband claimed asylum in the uk in Jan 06 we had been together for 3 years. He claimed asylum first in Ireland in 2004 which was refused. He came and entered the Uk illegally in Jan last year. We went to the home office in Liverpool and filed a claim for Asylum we were told to return the following week. When we returned he was arrested and placed in detention. He was released on bail after three weeks. We had to go to leeds every week to sign. While he was in detention he withdrew his claim for asylum and voluntered to return. About a month later he was given and IS96. We wanted to start planning for our future so we approached the home office and told that we wanted to return to his country (Nigeria) and we put the wheels in montion for the trip. We organised his travel document but they insisted that they would be responsible for his flight as they wanted proof that he had left the country. We left the UK in July and we returned to the UK in November as husband and wife. Although the interview with UK visas was difficult we produced evidence of our relationship for the 3 years and he was granted a 2 year spouce visa. I would advise you to take everything to his home country and be honest with them. The delay that we had was from the Home office in the uk, as they did not reply to questions that the embassy in Nigeria wanted to ask which was the reason as to why he had been detained. You also need to take any papers and his letter of vountary return and you should have no problems. Good luck to you both and if you wish to contact me direct you can email me at dbello@hotmail.co.uk
     
  3. hope

    hope New Member

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    thanks debitom I have sent you an email. I think I have got everything together. The ECO is going to have a problem with denying this is a "sham" relationship as he has been living at my house under bail conditions, I just have to prove we will get married when I'm divorced, which I am having difficulty with as we can only apply for permission to marry when he gets back.

    All I can do is take my forms to the embassy and see what happens

    sarah
     
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