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URGENT - HELP NEEDED......IMMIGRATION/ASYLUM/MARRIAGE

Forum to discuss all things Blarney | Ireland immigration

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

pukon_check
Member
Posts: 155
Joined: Mon Jan 23, 2017 11:45 pm

Re: URGENT - HELP NEEDED......IMMIGRATION/ASYLUM/MARRIAGE

Post by pukon_check » Fri May 12, 2017 5:15 pm

Read ur big letter if you guys are real couple and they are doubting your ground why don't go for legal advice..perhaps you can sue them if the are stopping you for getting married..
I believe if it's gonna real marriage they will ask for evidence and you have it or even physical check on ur premises they will find out ur relationship is real..
Should try for legal advice

RachaelandSohaib
Newly Registered
Posts: 13
Joined: Thu May 11, 2017 2:47 pm

Re: URGENT - HELP NEEDED......IMMIGRATION/ASYLUM/MARRIAGE

Post by RachaelandSohaib » Fri May 12, 2017 5:54 pm

pukon_check wrote:Read ur big letter if you guys are real couple and they are doubting your ground why don't go for legal advice..perhaps you can sue them if the are stopping you for getting married..
I believe if it's gonna real marriage they will ask for evidence and you have it or even physical check on ur premises they will find out ur relationship is real..
Should try for legal advice
@pukon_check
Thanks for your advice, we would 100% go for legal advice but the problem is we simply can't afford it. Due to my partner claiming Asylum he is not able to work therefore me wage is just keeping us going.
We supplied as much evidence at our interview that we could. We were asked questions about each other but this was not enough.
I don't know if we would be eligible for Legal aid if it was to go to court. We are willing to go to court and fight it all the way, but not sure how to. Thanks

jlad
Newbie
Posts: 42
Joined: Mon Jun 27, 2016 5:35 pm

Re: URGENT - HELP NEEDED......IMMIGRATION/ASYLUM/MARRIAGE

Post by jlad » Fri May 12, 2017 7:05 pm

Can i ask on what basis is your husband claim aslyum in Ireland? I dont understand the need of him of applying asylum? Because you have mentioned that his college in London was closed down half way through his studies, shouldnt he left UK by then because his immigration status as a student will become invalid? Like you have also said his application for asylum has been rejected, has he been ordered to leave Ireland or is he staying illegally now?

I am non-EEA and was married with my other half (British) in the UK, got interviewed by local registrar and she had to forward my case to Home office as i am non-EEA. But 4 days after the interview i had received a letter from Home Office to explain that they would not investigate our intention to marriage as they are satisfied that our relationship is genuine - did not show any documents apart from my passport and a short 5-7 minutes interview. I would imagine it is difficult to convince Immigration officers to believe it is genuine relationship as you see too much of sham marriages going on these days. I am not saying yours are but you need to do more to prove it to them that it is genuine, i know it is not fair on you but immigration officers receive these sort of applications on daily basis and they are strict when it comes to this.

I would suggest the same as @saad786 that both of you go back to his home country and then get married, at least then you will get marriage certificate and is recognised under Pakistani law. After that you could always apply to go back to UK or Ireland the proper way like everyone does. No one says it will be easy especially he has claimed asylum and enter illegally(?) and it makes him look bad on his immigration history. Nothing is wrong being an asylum seeker though as long as you need protection or some sort but undeniably it does not look good on the book with what happens in Europe now.

Maybe worth trying going back to Pakistan for some times and apply to come back here legally. Wish you would find a way round it, must be really hard for you and your husband :(

pukon_check
Member
Posts: 155
Joined: Mon Jan 23, 2017 11:45 pm

Re: URGENT - HELP NEEDED......IMMIGRATION/ASYLUM/MARRIAGE

Post by pukon_check » Fri May 12, 2017 9:06 pm

Hi Racheal
Actually you don't need a hire solicitor you can google some migrant support rights centre and have a chat with them.. sometimes they can really turn around things for you..
On the other hand u said they do not trust ur relationship ,so tell authorities to give this matter in writing ..if they do u can fight for ur right or even it will become a evidence for ur start..
I do not think send ur hubi in Pakistan will be a good idea ..it will take so long u can't carry on..
Look u r battle is start as long as you are beside him and stand by for him it will end at some states..
Don't give up ..
I m going to come up with better option for u ..give me an hour or so..let me discuss this with some knowledgeable people..
Stay blessed

RachaelandSohaib
Newly Registered
Posts: 13
Joined: Thu May 11, 2017 2:47 pm

Re: URGENT - HELP NEEDED......IMMIGRATION/ASYLUM/MARRIAGE

Post by RachaelandSohaib » Sat May 13, 2017 9:29 am

jlad wrote:Can i ask on what basis is your husband claim aslyum in Ireland? I dont understand the need of him of applying asylum? Because you have mentioned that his college in London was closed down half way through his studies, shouldnt he left UK by then because his immigration status as a student will become invalid? Like you have also said his application for asylum has been rejected, has he been ordered to leave Ireland or is he staying illegally now?

I am non-EEA and was married with my other half (British) in the UK, got interviewed by local registrar and she had to forward my case to Home office as i am non-EEA. But 4 days after the interview i had received a letter from Home Office to explain that they would not investigate our intention to marriage as they are satisfied that our relationship is genuine - did not show any documents apart from my passport and a short 5-7 minutes interview. I would imagine it is difficult to convince Immigration officers to believe it is genuine relationship as you see too much of sham marriages going on these days. I am not saying yours are but you need to do more to prove it to them that it is genuine, i know it is not fair on you but immigration officers receive these sort of applications on daily basis and they are strict when it comes to this.

I would suggest the same as @saad786 that both of you go back to his home country and then get married, at least then you will get marriage certificate and is recognised under Pakistani law. After that you could always apply to go back to UK or Ireland the proper way like everyone does. No one says it will be easy especially he has claimed asylum and enter illegally(?) and it makes him look bad on his immigration history. Nothing is wrong being an asylum seeker though as long as you need protection or some sort but undeniably it does not look good on the book with what happens in Europe now.

Maybe worth trying going back to Pakistan for some times and apply to come back here legally. Wish you would find a way round it, must be really hard for you and your husband :(

@Jlad
Thanks for your message. He is claiming Asylum on the basis that he is not able to return to Pakistan for his protection. Yes he should have left London when his college but he didn't and I'm glad he didn't because I would never have met him.
His Asylum was refused but he is appealing their decision. So he's not really living illegally here yet. I don't think going to Pakistan would be the best idea for us.....he could get killed!! We need another way around it. Thanks so much for your advice though. Really appreciate it.

RachaelandSohaib
Newly Registered
Posts: 13
Joined: Thu May 11, 2017 2:47 pm

Re: URGENT - HELP NEEDED......IMMIGRATION/ASYLUM/MARRIAGE

Post by RachaelandSohaib » Sat May 13, 2017 9:35 am

pukon_check wrote:Hi Racheal
Actually you don't need a hire solicitor you can google some migrant support rights centre and have a chat with them.. sometimes they can really turn around things for you..
On the other hand u said they do not trust ur relationship ,so tell authorities to give this matter in writing ..if they do u can fight for ur right or even it will become a evidence for ur start..
I do not think send ur hubi in Pakistan will be a good idea ..it will take so long u can't carry on..
Look u r battle is start as long as you are beside him and stand by for him it will end at some states..
Don't give up ..
I m going to come up with better option for u ..give me an hour or so..let me discuss this with some knowledgeable people..
Stay blessed
Hi pukon_check
Thanks for your reply, ok I didn't know we could do this I will certainly have a look and find someone who we can speak to.
We can't go to Pakistan for his protection so yes we need another way about it. No matter how long this will take, we will stand our ground and fight it together. I don't want him getting depressed anymore than what he is now....I am sooo worried about him.
Thank you so much for your help. Really appreciate it. :)

Aaron-Law
Newbie
Posts: 46
Joined: Sun Jan 26, 2014 11:42 am

Re: URGENT - HELP NEEDED......IMMIGRATION/ASYLUM/MARRIAGE

Post by Aaron-Law » Wed May 31, 2017 1:41 pm

RachaelandSohaib wrote:
pukon_check wrote:Hi Racheal
Actually you don't need a hire solicitor you can google some migrant support rights centre and have a chat with them.. sometimes they can really turn around things for you..
On the other hand u said they do not trust ur relationship ,so tell authorities to give this matter in writing ..if they do u can fight for ur right or even it will become a evidence for ur start..
I do not think send ur hubi in Pakistan will be a good idea ..it will take so long u can't carry on..
Look u r battle is start as long as you are beside him and stand by for him it will end at some states..
Don't give up ..
I m going to come up with better option for u ..give me an hour or so..let me discuss this with some knowledgeable people..
Stay blessed
Hi pukon_check
Thanks for your reply, ok I didn't know we could do this I will certainly have a look and find someone who we can speak to.
We can't go to Pakistan for his protection so yes we need another way about it. No matter how long this will take, we will stand our ground and fight it together. I don't want him getting depressed anymore than what he is now....I am sooo worried about him.
Thank you so much for your help. Really appreciate it. :)
----------------------------------------------
@RachaelandSohaib:
Hi There,
Good Afternoon.

I have been reading the entire saga where both you (Scottish still a UK citizen) and your Non-EU partner
are struggling to sort your partner's residency in the Republic of Ireland.
Further to what you have mentioned above it looks like the HSE (Irish body responsible for marriages) has issues with the authenticity of your relationship.
However, it is probably their contention that your marriage could be one of convenience. You can pursue this to the courts in Ireland and get the Honorable Judge to overturn the contention.

Relationship duration:
You have mentioned that you and your partner have been together since 2014 and been living together ever since. Keeping in mind that your partner moved from a Non-EU country to study in the UK he would have had a bank account and considering you are an adult British citizen you would have a bank account.
When he moved in with you to your family home you guys would have had bank statements on the same address going back from 2014 onwards?
These bank statements irrespective whether he worked illegally in the UK or remained out of status in the UK without a valid visa should still surmount as documents to substantiate your claim to qualify as time
together as De Facto partners Akin of marriage.
Do you have any bank statements on the same address whilst you guys lived together in Scotland or elsewhere in the UK?

Alternatively you guys would have had other utility/ bills addressed in your individual names from the time you guys were in UK to suggest that you were living together as a genuine couple since 2014.

Asylum Syndrome:
Secondly, If you and your partner were in a genuine relationship then what make him seek Asylum in the Republic of Ireland? I understand that you guys are not married but still a couple cohabiting (according to your inputs above) since 2014, why would he seek asylum in Ireland rather than UK. As UK was the first country of entry away from his country of Origin.
Did he seek legal advise before seeking Asylum in Ireland? Your relationship together was and is sufficient enough to qualify* for residency in Ireland.
Just so you know that Asylum is not the only way to gain a PPS number, in case your partner was incorrectly advised by his acquaintances.
*Subject to you guys having documents from 2014 to support your claim.

Advise:

I strongly suggest that you consult an experienced Immigration Solicitor and explain the entire story to him/her. It would be advisable that you let the experts deal with your Immigration matters from a solicitor's desk. As you have also mentioned something about a case of dealing with stolen goods etc.

Furthermore, your partner can always apply under the EU rules as a De Facto partner of an EU national as long as you are present and living in the state (Ireland) and in exercise of your treaty rights.

I hope the above information helps.

Thank you,
Best regards,

Aaron.

waqasars
Member
Posts: 144
Joined: Fri May 18, 2012 5:34 am

Re: URGENT - HELP NEEDED......IMMIGRATION/ASYLUM/MARRIAGE

Post by waqasars » Thu Jun 01, 2017 5:41 pm

is there any possibility to register your marriage in Pakistan? As you have done the marriage as per islamic law.

Aaron-Law
Newbie
Posts: 46
Joined: Sun Jan 26, 2014 11:42 am

Re: URGENT - HELP NEEDED......IMMIGRATION/ASYLUM/MARRIAGE

Post by Aaron-Law » Fri Jun 02, 2017 6:35 pm

waqasars wrote:is there any possibility to register your marriage in Pakistan? As you have done the marriage as per islamic law.
Hi Waqasars,
Good Evening.

Can you please elaborate what you mean to say by, "registering a marriage in Pakistan."
Keeping in mind that the couple are not married and seeking to get married in Ireland.

Please advise.

Thanks,
Aaron.

waqasars
Member
Posts: 144
Joined: Fri May 18, 2012 5:34 am

Re: URGENT - HELP NEEDED......IMMIGRATION/ASYLUM/MARRIAGE

Post by waqasars » Sun Jun 04, 2017 12:33 am

Hi Aaron,

They are married as per Islamic law. But their marriage is not registered as per local law.


Regards,
Waqas

Aaron-Law
Newbie
Posts: 46
Joined: Sun Jan 26, 2014 11:42 am

Re: URGENT - HELP NEEDED......IMMIGRATION/ASYLUM/MARRIAGE

Post by Aaron-Law » Tue Jun 06, 2017 5:57 pm

waqasars wrote:Hi Aaron,

They are married as per Islamic law. But their marriage is not registered as per local law.


Regards,
Waqas
Hi Waqas,
Good Afternoon.

I understand where you are getting at by that. However, if the couple were married in the religious faith in the Republic of Ireland then the entire procedure of notice of intention of marriage should be observed.

Any marriage that is solemnized and registered in Republic of Ireland will be recognised for visa applications in Ireland and/ or any other country for residency/ visa purposes.

Your proposed idea of registering a religious marriage (that took place in Ireland) in Pakistan will be useless (for residency/ visa) as the country where the actual marriage was solemnized/ took place (in this case Ireland) does not recognise such registrations.

This will only complicate things for the couple. I do not recommend this.
I hope this helps.

Thank you,
Best regards,

Aaron.

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