Asylum/EEA2/CoA/Legacy/HumanRights/Amnesty what2do? :(

Liberal Immigrant · Post by **Liberal Immigrant** » Fri Jan 18, 2008 12:08 pm

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thanks guys.

Post by **archigabe** » Fri Jan 18, 2008 4:16 pm

I suggest that you familiarize yourself with Directive/ 2004/ 38 EC of the European Free movement Regulations.

What were the reasons for your asylum claim and for the government to deny your claim?
Is that how your sister got Irish citizenship? Is there any reason why your sister's claim was accepted in Ireland and yours was denied in the Uk?

Post by **John** » Fri Jan 18, 2008 4:24 pm

also, i got engaged few months ago. should i apply for a CoA?

What is the nationality of your fiancÃ©e?

Mr Rusty · Post by **Mr Rusty** » Fri Jan 18, 2008 4:24 pm

Mr L.I.,

As a trainee Lawyer yourself and presumably now receiving proper legal advice it is perhaps presumptious of anyone else to tell you what to do, and you seem to have considered all your legal avenues. No doubt you are aware that having been refused asylum before 2nd October 2000 you have another right of appeal if your Human Rights claim is turned down.

My instinct would be to sit tight and not press them for a decision. The longer they take to decide, the harder it must be to justify refusing you.

I don't see why a failed CoA application should per se be held against you if you later apply for a spouse EC. Given your extended immigration history your application would obviously attract the closest scrutiny, so in your situation I would take some time and care to provide the fullest evidence of a genuine relationship with your fiance. It's perfectly reasonable for anyone of your age to have met someone nice and want to get married.

Liberal Immigrant · Post by **Liberal Immigrant** » Fri Jan 18, 2008 5:18 pm

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Liberal Immigrant · Post by **Liberal Immigrant** » Fri Jan 18, 2008 5:24 pm

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Liberal Immigrant · Post by **Liberal Immigrant** » Fri Jan 18, 2008 5:31 pm

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Liberal Immigrant · Post by **Liberal Immigrant** » Fri Jan 18, 2008 6:07 pm

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Mr Rusty · Post by **Mr Rusty** » Fri Jan 18, 2008 6:39 pm

OK, I take your point, you want to move things along. I don't know if there's a "right answer" to your problem, you'll only get opinions here. Mine is this:
If you leave the UK, all your applications, appeals, everything, lapse, which leaves you with just one shot in your locker. Instead of sitting it out in the UK, you could find yourself sitting it out in Pakistan, although if you can prove a genuine relationship you should be finally successful, albeit maybe on appeal. It should count in your favour that you have left the UK to submit yourself to the Entry Clearance process.
I don't see the point in submitting an EEA application which you expect to lose.
As you say you originally claimed asylum on entry, I take it that you did this at a port of entry, and have been refused leave to enter, rather than leave to remain? This would mean that you are not an illegal entrant or an overstayer, and you can submit further applications for leave to enter. I think I would make an application for a C of A and push that. If they haven't responded within 3 months, send reminders (always recorded delivery) for another couple of months and if they haven't given you a decision after 6 months threaten Judicial Review. That ought to stir them into action. In the meantime collect every shred of evidence that you are inseparable from your fiance(e?). Of course if they grant it you've still got to get leave as a spouse, and be prepared to push that in a similar way. You never know, they might be glad to grant that as it gets them off the hook of the legacy case, one less to consider, doesn't set a precedent, etc. ( that assumes that they're intelligent).
If they refuse a CofA I think you have a straight choice between going to Pakistan or toughing it out here.
Well that's a wild stab at it, but others may have completely different ideas.

jimquk · Post by **jimquk** » Fri Jan 18, 2008 8:06 pm

Hi

I agree with Mr Rusty about sitting tight, the longer you are here the more likely it is that you will eventually be successful.

However, I also think that a CoA application would do no harm, as long as you have plenty of evidence that your relationship is genuine and not just an attempt to obtain leave by another route. The fact of having some kind of outstanding application is likely in my opinion to increase the chances of a positive outcome when your case comes to be considered as a legacy case, since the object of that exercise is to clear up all the old cases without necessarily waiting for all applications to be determined. In my view, the more involved and complicated a case appears to be, the less realistic removal becomes, and therefore a positive outcome to the legacy case is to be expected.

All legacy cases are supposed to be resolved by July 2011, and although your case is not a priority, it could well be dealt with in a couple of years. I appreciate the frustration, but compared with the time you've already waited, you're almost there! (in my opinion).

Liberal Immigrant · Post by **Liberal Immigrant** » Fri Jan 18, 2008 9:36 pm

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jimquk · Post by **jimquk** » Fri Jan 18, 2008 9:54 pm

How about religious marriage ceremony then living together, joint bills etc? If you're sure of course, if you are both prepared to live in another country if the worst comes to the worst.

Post by **John** » Fri Jan 18, 2008 9:54 pm

Liberal Immigrant, if it is safe for you to return to your country, why do you not do that? Then get married there .... then apply for spouse visa there, to come back to the UK.

It could all be sorted out quite quickly, well compared to what you have already suffered.

Liberal Immigrant · Post by **Liberal Immigrant** » Fri Jan 18, 2008 11:12 pm

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Liberal Immigrant · Post by **Liberal Immigrant** » Fri Jan 18, 2008 11:18 pm

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thirdwave · Post by **thirdwave** » Sat Jan 19, 2008 3:34 am

Liberal Immigrant wrote:
John wrote:Liberal Immigrant, if it is safe for you to return to your country, why do you not do that? Then get married there .... then apply for spouse visa there, to come back to the UK.

It could all be sorted out quite quickly, well compared to what you have already suffered.
it wasnt safe at all when we fled back then in 1999 but things have moved on and i am now a 27yr old guy who can look after himself. So yes, flying back 2 pakistan and applying for entry clearance from there is not out of the question, rather that is my strongest option.

HOWEVER i am currently doing LPC (legal professional course) and the course only ends in June 2008, so cant leave UK before June 2008.

therefore, i want to utilise any option i may have available before June. after all, if i can resolve my status whilst i am here, then why risk going pakistan and applying for a spouse visa and risk rejection.

Liberal, just curious..are you Quadiani??

Liberal Immigrant · Post by **Liberal Immigrant** » Sat Jan 19, 2008 10:35 am

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Post by **archigabe** » Sat Jan 19, 2008 11:47 am

It's a pity they wont consider your asylum application.Can't you submit newspaper articles,reports about the situation for your community in your home country?
Atleast you are luckier than these guys who just barely escaped being deported.

http://news.bbc.co.uk/1/hi/wales/south_west/7159463.stm

Liberal Immigrant · Post by **Liberal Immigrant** » Sat Jan 19, 2008 12:16 pm

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yankeegirl · Post by **yankeegirl** » Sat Jan 19, 2008 12:50 pm

I don't have any advice, but I did want to wish you the best of luck and I hope it all works out well for you.

thirdwave · Post by **thirdwave** » Sat Jan 19, 2008 6:14 pm

Liberal Immigrant wrote:i am an Ahmadi Muslim. hope that helps?

Ahmadi=Qadiani,isn`t it? I understand you lot are subject to a lot of persecution in Pakistan..Its appalling how the HO ignores genuine cases such as yours and chooses instead to focus on freeloaders from so called 'conflict zones' elsewhere.

Liberal Immigrant · Post by **Liberal Immigrant** » Sat Jan 19, 2008 6:36 pm

thirdwave wrote:
Liberal Immigrant wrote:i am an Ahmadi Muslim. hope that helps?
Ahmadi=Qadiani,isn`t it? I understand you lot are subject to a lot of persecution in Pakistan..Its appalling how the HO ignores genuine cases such as yours and chooses instead to focus on freeloaders from so called 'conflict zones' elsewhere.

jimquk · Post by **jimquk** » Sun Jan 20, 2008 12:40 pm

our mosque does not proceed with the Islamic Wedding unless you show them your registration certificate.

Just checking, does this apply to ALL Ahmedi mosques, or just the one you attend? Is this something that the Ahmedi leadership might be persuaded to amend? After all, it is in no way in conflict with UK law to conduct a religious wedding ceremony without it being registered.

I know it's a longshot, but worth asking!

jimquk · Post by **jimquk** » Sun Jan 20, 2008 12:42 pm

Thirdwave wrote

freeloaders from so called 'conflict zones' elsewhere.

For example?

Liberal Immigrant · Post by **Liberal Immigrant** » Sun Jan 20, 2008 4:27 pm

jimquk wrote:
our mosque does not proceed with the Islamic Wedding unless you show them your registration certificate.
Just checking, does this apply to ALL Ahmedi mosques, or just the one you attend? Is this something that the Ahmedi leadership might be persuaded to amend? After all, it is in no way in conflict with UK law to conduct a religious wedding ceremony without it being registered.

I know it's a longshot, but worth asking!

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Asylum/EEA2/CoA/Legacy/HumanRights/Amnesty what2do? :(

Asylum/EEA2/CoA/Legacy/HumanRights/Amnesty what2do? :(