Asylum and not sure what to do

willywonka · Post by **willywonka** » Tue Mar 25, 2008 9:20 am

Hi, I am Zimbabwean and came to this country in end of 2001 on a visitor's visa. I lived with relatives since. My brother came after me in 2003 and was issued with ILR on asylum basis. I know I was stupid not to do anything all that time even my family says so - I was just really scared of my application being declined but now I am in the worst position I could ever be.

I applied for Asylum, and my brother was asked to come to court with me - however my application was declined but I wasn't asked to leave the country at the time (I think this was when they put a stop to Zimbabwean asylum seekers being sent back). I was asked to sign in on a monthly basis at an immigration centre, which I did for a while and then I stopped after hearing people where being detained on arrival to sign. I was sent a letter before, notice of removal - but nothing happened. I want to sort everything out, but I am not sure where to start because most of the solicitors from the immigration centre always say there's nothing you can do. Recently in the news, they said they would be removing some asylum seekers (Zimbabwean), again I received another letter, I just don't know what to do and who to speak to. My family are willing to help me with solicitor expenses but I am not sure where to find someone experienced in asylum cases [please recommend by private message].

Is there a way that I could be given a visa based on my brother? Like a family reunion or purely on the basis that he is also an asylum seeker with ILR? Could I make a fresh claim proving our relationship etc?
Please advice.

sakura · Post by **sakura** » Tue Mar 25, 2008 12:00 pm

Unfortunately, your brother cannot help you out. How old are you both? If he obtained ILR in 2003 he should be eligible to naturalise as a British citizen. Has anyone in your family obtained one of those case resolution questionnaires?

Do you have any other UK connections - children who are British or EU citizens, a partner? Any good qualifications?

willywonka · Post by **willywonka** » Tue Mar 25, 2008 12:06 pm

Hi I'm 30, my brother is 36. He has not been naturalised yet (not really sure what he is waiting for). I have O Levels, although I tried to top these up I haven't been able to continue a course I started due to funds.
My brother works and I have a 25 yr old niece who was naturalised through marriage. I have no kids and no partner.

If I left the country would he be able to do a family reunion? If so, couldn't he just do it here? Or are there other means?

p.s. I do have other distant relatives who are british citizens from having worked here for years etc.

sakura · Post by **sakura** » Tue Mar 25, 2008 12:17 pm

The UK tends to make the process somewhat more possible (I don't want to put "easier") if they were more immediate family members that you wanted to build a family life with - partners, children, sick/ill siblings, etc. Uncles, aunts and nieces aren't really very useful

Your brother should certainly naturalise right now - the rules will change sometime later this year, and if he is a foreign national he will need to obtain the dreaded ID cards!

As for you, your only option might be to see if you qualify for the case resolution questionnaires. Have you received anything from the Home Office? Do they still have your contact details?

The family reunion isn't possible with siblings...do you live with your brother?

I wonder if anyone else here thinks the EU directive 2004/38/EC might work if his brother naturalises and moves with him to another EU country?

willywonka · Post by **willywonka** » Tue Mar 25, 2008 12:26 pm

I live with my brother and they have my address, the current notice of removal only came in the post 2 - 3 weeks ago - so they know my address and have been at the same address since my application. They sent with it names of solicitors etc but in the past they just told me there's nothing they can do.

What are case resolution questionnaires and do I need a solicitor for this? The reason I asked about family reunion is because my friends have somehow managed to do this for their brother and cousin but that was a while ago.

Sorry for the ignorance, but I'm not sure what this means EU directive 2004/38/EC, does this mean he would have to relocate (my brother, I mean).

Could sending a new application help? I thought maybe based on the fact that they have granted my brother, if I sent a new application with more evidence etc, they may look at it differently?

4444 · Post by **4444** » Tue Mar 25, 2008 1:25 pm

when did yu apply for asylum. bear in mind that the case resolution programme is for people who have been in the system for a long time ie before the new asylum model was introduced

tsvarakadenga2008 · Post by **tsvarakadenga2008** » Tue Mar 25, 2008 2:09 pm

Sakura, lm a failed asylum seeker as well and have not yet received a questionaire but however my brother got ILR thru the case resolution, do l have a chance to get status thru him??

tsvarakadenga2008 · Post by **tsvarakadenga2008** » Tue Mar 25, 2008 2:26 pm

they have not yet started sending questionaires to single people.

willywonka · Post by **willywonka** » Tue Mar 25, 2008 2:32 pm

Sorry, my brother actually came end 2002 and was issued ILR end of 2002 (in about 2,5 months). I on the other hand applied in 2003 - Would i still be elligible?

Tsvara - That's the problem, I have been waiting and doing nothing - I'm not sure if waiting any longer will help. Do you think they could send me one after they have sent me a notice or removal a couple of weeks ago?

4444 · Post by **4444** » Tue Mar 25, 2008 3:20 pm

yes i think yu will still be elligible but remember its not an amnesty but most pple are getting indefinate stay through that. well i would suggest you contact your MP and tell him to write on behalf of you to the case resolution department to see if your case is a legacy case. at least from there you know exactly were yu are.

good luck

willywonka · Post by **willywonka** » Tue Mar 25, 2008 3:37 pm

Is this the norm then? I mean - does everyone write to their MP?
So, would I be telling my MP about my case and my situation etc and then asking him to write to them on my behalf?

What is the outcome of this usually, do they respond to my MP or to me?

tsvarakadenga2008 · Post by **tsvarakadenga2008** » Tue Mar 25, 2008 4:05 pm

willy l think you should seek for legal advice, u need a good lawyer, they r not gonna take you to Zim. write to your MP as well, thats a very good idea.

willywonka · Post by **willywonka** » Tue Mar 25, 2008 5:20 pm

Tsva - how do you know they wont follow through with sending people back home? Are you show they aren't waiting for the elections?

What about you, what do you plan to do, just wait? I need someone to recommend an experienced solicitor .

gagamel · Post by **gagamel** » Tue Mar 25, 2008 6:01 pm

willywonka wrote:Is this the norm then? I mean - does everyone write to their MP?
So, would I be telling my MP about my case and my situation etc and then asking him to write to them on my behalf?

What is the outcome of this usually, do they respond to my MP or to me?

hiya
I think ur best chance is to make a fresh claim asap!! Not all legacy cases will be granted ILR, u will need to have a good legal reason y shud be given ILR eg fresh claim, have a child wid a british partner.

hamid84 · Post by **hamid84** » Tue Mar 25, 2008 8:44 pm

They will write back to MP with in 28 days. I met my MP 2 weeks ago and received the letter from MP on friday telling us what he has written to Home Office.

Best of luck

thsths · Post by **thsths** » Tue Mar 25, 2008 10:31 pm

sakura wrote:I wonder if anyone else here thinks the EU directive 2004/38/EC might work if his brother naturalises and moves with him to another EU country?

It will depend on the country of choice, but a brother over 21 without any obvious dependence relation is a tough case to argue in any place. Schengen has reasonable uniform procedures, and I doubt that an application would be successful. Ireland will refuse even much easier applications.

Tom

4444 · Post by **4444** » Wed Mar 26, 2008 6:02 am

hie willy-wonka

its good to go to the MP because they respond to their enquiries.you will need to tell your MP everything about your case and situation also why did they send you removal directions. i know that failed asylum seekers from zimbabwe are not currently being removed to zimbabwe. did you have a criminal conviction e.g getting caught working illegally or is it because you absconded from reporting.

i know a firm of solicitors in harrow. they are called lighthouse solicitors. they might be able to help you and they are not too expensive. just try and see

best of luck mate

willywonka · Post by **willywonka** » Wed Mar 26, 2008 11:57 am

No I didn't comit any crime. Someone I know also received the same letter. They announced this in the news before the letters were sent out a couple of weeks ago, but people were saying how can the PM not want to associate himself with Mugabe due to what's happening there and then the HO insist on sending people home. I am not sure they will certainly do anything as of yet due to elections but some letters were sent out to about 1000 people (i think).

I will contact my MP and see what they say, although I think I may also make a fresh claim at the same time.

4444 · Post by **4444** » Wed Mar 26, 2008 12:11 pm

oh i see. anyway its a good idea to make a fresh claim because they will not remove you if you have an outstanding application. i wish you all the luck and god bless

4444 · Post by **4444** » Wed Mar 26, 2008 12:11 pm

i think its going to be a struggle to remove failed asylum seekers to zimbabwe now like you said,lets see wat happens after election

Immigrationboards.com: Immigration, work visa and work permit discussion board

Asylum and not sure what to do

Asylum and not sure what to do

hi

Re: hi

hi