asylum seeker in limbo

[bibiapple]

hello everybody,its been acouple of weeks since i joined this forum i find it very helpful.i am a zimbabwean failed asylum seeker married to a british citizen for two and half yrs now.i have been in england for 4yrs my initial claim 4 asylum was refused i then applied againafter i got married and was refused and then i won my appeal after afew months.this was in march 2006 until this day i have not heard anything from the home office.
the last leeter i received was from the AIT informing me that the home office were appealing the decision in april 2006.i called the home office a few weeks ago and was told its going to be at least 8months until the final decision is made on my case.
My husband and i have spend lots trying to get solicitors to help speed up things but so far no luck,we even got MPs involved and it did not make a difference.sometime last yr we met this solicitor who adviced us that if i was to go back home and apply for entry clearence im more likely to be issued a visa rather than me trying to do it in uk,this was evn before i won the appeal..
Looking at the situation now im more likely to lose the appeal in the end.i was just wonderinng if someone could advise me on going back to zimbabwe u know being a failed asylum seeker.
The other thing also is when the home office refused my application to remain here as a spouse they did mention that they were satisfied that our marriage was subsisting only that i had to follow the proper immigration rules

[JamesC]

It's possible that the HO has applied for a High Court Review. I'm not a expert in appeals but I do know that they are separate from the HO.

Unfortunatley, this means that the HO has little jurisdiction in terms of time-scales as it is out of their hands.

J

[bibiapple]

Thank you James for ur reply,do u think its a good idea for me to go back to zimbabwe and apply for entry clearence as a spouse considering that i actually won my appeal.

[JamesC]

I'll be hoenst I'm not sure, you're better off asking some of the snior members, their sure to know.

Sorry I couldn't help you further,

J

[4444]

hie bibiapple


at least you are lucky they dealt with your initial application quicker.i have been waiting for 2.8years now for a decision on my marriage application.i am a failed zim asylum seeker and like you i am also married to a british citizen.i am really stressed now. my solicitors are not helping much i am getting much help from my MP.i am not gonna give up the fight though.i think you should fight your case in uk.cause the judges will also consider the delay on the appeal.i have seen most cases which involve delay by the home office winning at appeals.you are not alone .don't worry GOD is for us all

[bibiapple]

thanks 4444 for replying,was ur marriage application actually allowed.have u reached the appeal stage or r u still waitining 4 the initial decision.have thot abt going back home since u have been waitin 4 such a long time

[4444]

hie bibiapple


i am still waiting for my initial decision.i havent reached the appeal stages yet.my application has not been refused yet. i am not thinking about going home yet until i get a reply on my application. my MP is pressing for a decision to be made so recently she was told the decision is going to be made soon.so how soon 'i dont know yet.so how long after your initial application did you get a reply? did you involve your MP for a decision to be made?

[Liberal Immigrant]

edit

[bibiapple]

thank you liberal immigrant.

[mariposarosa]

Unfortunately I can't give you advice on what would be the best thing to do, but I would like to ask you a question -- as an asylum seeker how did you manage to get married in the UK?

I am British and my boyfriend is also a failed asylum seeker from Zimbabwe, waiting for a HO decision on his second application. As I understood it, in order for us to get married he would have to go to Zim and apply for a visa to return as my fiance.

Is there a way we can get married in Britain without him having to do this??

[yankeegirl]

Mariposarosa,
The original poster said she has been married for ywo and a half years, which i think means she was married before the Home Office started requiring Certificates of Approval. Sorry, but I don't think there is a way to marry in the UK.

[bibiapple]

thanks mariposarosa 4 the reply,yankeegirl is right i actually got married b4 the certificate issue was introduced.but i believe u can get married in the church of england if u can convince the vicar that your relationship is genuine im not exactly sure so u shld a bit mo research.
now having gone through what i have been through i think going back home is the best option but u need to get a good lawyer just in case things go wrong.

[bibiapple]

marisaposa im not saying u and ur partner shld go to zimbabwe this depends on ur partner s asylum case.pliz dont get me wrong.

[mariposarosa]

Okay thanks very much for your replies.

So even with a Church of England wedding he would still have to return to apply for a spouses visa.

This is crazy, I know we need some kind of system, but I find it disturbing that people who are already married in the UK have to return to potentially dangerous situations just to get what should be rightfully theirs in the first place!

I wish you all the best with getting your situation sorted out.

[bismiallah]

I think i understand how a lot of you are feeling. My husband/boyfriend at the time he was in the UK was a failed asylum seeker and was administratively removed to Afghanistan having been in the UK 11 years since a teenager. We then both got married in a third country (India) and fled Afghanistan one again as being in fear of his life. We were originally going to apply for Uk Spouse visa from there but this did not happen as the place he was staying was attacked.

He has made it through to Hungary by foot behind another dangerous journey!

He is trying to claim asylum there now,

He has no passport and is now stateless for us to apply for a UK spouse visa. we are in a huge limbo...

I have wrote to the Mp but no response yet to get special permission for me to apple from Hungary as he cannot go cack to the country of origin

[Wanderer]

Previous post is 10 years old!!

[CR001]

I think i understand how a lot of you are feeling. My husband/boyfriend at the time he was in the UK was a failed asylum seeker and was administratively removed to Afghanistan having been in the UK 11 years since a teenager. We then both got married in a third country (India) and fled Afghanistan one again as being in fear of his life. We were originally going to apply for Uk Spouse visa from there but this did not happen as the place he was staying was attacked.

He has made it through to Hungary by foot behind another dangerous journey!

He is trying to claim asylum there now,

He has no passport and is now stateless for us to apply for a UK spouse visa. we are in a huge limbo...

I have wrote to the Mp but no response yet to get special permission for me to apple from Hungary as he cannot go cack to the country of origin

This topic/thread is 10 years old. Kindly refrain from digging up old threads and keep your questions to your own topic you already have where you have received many responses.