Temporary admission to UK, refused ILR.. HELP!!!

[jenny0909]

Hi there, hoping somebody can help me I am so confused! I am a British Citizen currently engaged to somebody who entered the UK illegally in 2007 and was granted asylum because his home country (Iraq) was not safe to return to. So he lived here for so many years as a refugee. In 2014 he applied for ILR (SET P) I believe as he did not pay to apply... and it was refused. He is unsure himself of the reason it was refused but he has not been involved in any criminal activity or anything like that... He thinks it was something to do with his ID (maybe they don't believe he is who he says he is) but he finds it hard to explain (his English is not perfect) and we are still awaiting his refusal letter to be returned to us from his solicitor. So anyway he has been granted temporary admission to the UK and he has to go and sign every 6 months. We have been together about 7 months, he is currently living with a friend. I am a full time teacher and am able to support him financially. We want to get married, start a family and live together and I want to help him to become a british citizen, get a passport, job etc etc. I have spoken to various people within the Home office about this but am still unclear what our next steps should be. How long after refused ILR can he reapply? If at all? Should we get married first and he applies for a spouse visa? Or should he reapply for ILR through a different route, with me as his unmarried partner supporting the application? Is there anything at all we can do? We just want a normal life together... married, both working etc and this whole system is very confusing!! Thanks in advance...

[Casa]

Before deciding what your options are, you first need to find out why his SET(P) application was refused. You wouldn't be unable to support an application as an unmarried partner as you haven't lived together in a relationship 'akin to marriage' for a minimum of 2 years. Post the refusal notice on the forum when you have it.

[jenny0909]

I will do... thanks very much

[jenny0909]

Hi again to anyone who is reading... I have spoken to my partner and it appears I have got confused somewhere along the way... He was never granted asylum! So has been on temporary admission since he arrived here in 2007, first reporting weekly, then monthly and now every siz months. He has applied for asylum twice but been refused as they did not believe his story. I am unsure how he has been allowed to stay for so long.... why do they keep refusing his application but letting him stay here under temporary admission! So unsure what it is we should be applying for... Can i marry someone on temporary admission? And would that mean going down the ILR route with me as his wife? Or does he still need to be reapplying for asylum? It's been 8 years now so does this count for anything? He has a life here now... thanks in advance

[Casa]

What advice has his solicitor given? You could apply to marry but you would have to give notice at a Home Office designated Registry Office. The Registrar will be legally required to notify the Home Office, who will then have the opportunity to extend the notification period from 28 to 70 days in order to interview you both before the marriage can take place. At this point, you should be aware that there is a risk that they may take steps to remove him. He would also need his passport in order to marry and I'm guessing that the Home Office are holding this?
You mention 'ILR'. Even if you manage to regularise his stay, permanent residency is a long way off. Marriage alone, won't give him any legal status and you will be unable to apply for a Spouse Settlement visa from within the UK. The standard (spouse) route to ILR is currently 5 years and he wouldn't qualify for British Citizenship until 10 years after he is granted some form of legal status, due to the illegal period of residence.
I don't know how Iraq is currently viewed as far as it being an 'unsafe' country for asylum purposes, but others on the forum may have more experience with this.
You could marry in the UK (with the risk of removal) and then he returns to Iraq and applies for a Spouse Settlement visa from there
or
He returns to Iraq and applies for a fiance visa to re-enter (doubtful whether this would be granted due to the overstay)
or
He returns to Iraq, you marry there and he applies for a Spouse Settlement visa.
He wouldn't be refused under 320(7b) but he could be refused under 320(11) - 'frustrating the Immigration rules'. if he has used deception, false papers etc during his time here.

[jenny0909]

Thanks for all your help, really appreciate it. I am am going to speak to his solicitor tomorrow and find out exactly what is what. One thing I am confused about though... you mention overstaying and illegal stay... I thought temporary admission was classed as legal stay since they know he is here and he signs every six months? thanks...

[jenny0909]

He doesn't have a passport also, never has.. He has some kind of ID card from the home office that his solicitor has which I will ask about tomorrow. This is not looking good at all

[chocolateorange88]

It is possible to marry here as you would need to apply to Home Office for a certificate of approval. he would also need to get some ID from Iraqi embassy in UK..

someone close to me was on Tenporary Admission, he took IDfrom embassy and approval from HO, married and next time he went to sign they detained him and he ' voluntarily departed 'two weeks later.

[CR001]

It is possible to marry here as you would need to apply to Home Office for a certificate of approval. he would also need to get some ID from Iraqi embassy in UK..

someone close to me was on Tenporary Admission, he took IDfrom embassy and approval from HO, married and next time he went to sign they detained him and he ' voluntarily departed 'two weeks later.

Certificates of Approval have been done away with a couple of years ago. People wishing to marry now have to give notice at an approved Registrar, who then have an obligation to inform HO of non-EU people wishing to marry, resulting in the notice period likely being extended from 28 days to 70 days for HO to investigate/interview etc.

[Casa]

It is possible to marry here as you would need to apply to Home Office for a certificate of approval. he would also need to get some ID from Iraqi embassy in UK..

someone close to me was on Tenporary Admission, he took IDfrom embassy and approval from HO, married and next time he went to sign they detained him and he ' voluntarily departed 'two weeks later.

The 'certificate of approval' was removed some time ago following a court ruling on Human Rights, but there is now the newly introduced requirement for Registrars to notify the Home Office, who will then almost certainly in this case interview the couple before the marriage can take place...which is likely to result in a removal.

[chocolateorange88]

ok sorry I apologise then for outdated information

[Casa]

ok sorry I apologise then for outdated information

We all find it difficult to keep up with...and note, as usual 'speedy fingers' CR001 beat me to the finish line...hence the duplicate info.

[CR001]

ok sorry I apologise then for outdated information

We all find it difficult to keep up with...and note, as usual 'speedy fingers' CR001 beat me to the finish line...hence the duplicate info.

Just trying to keep you on your toes Casa and as I have been semi-absent for the last couple of weeks, I have some catch up to do

[jenny0909]

Thank you guys, I do appreciate all your input