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Asylum refused

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Kimeva2448
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Joined: Mon Apr 22, 2024 5:05 pm
United States of America

Asylum refused

Post by Kimeva2448 » Mon Apr 22, 2024 5:34 pm

Hello,
I am an American citizen who has been living in the UK for almost 6 years. I had filed an asylum claim in July of 2018, on the basis that I was fleeing a domestic violent marriage.
I came here initially to give me time to find a safe way to return to the states without my(now) ex-husband knowing I had a return ticket for October of 2018 and had enough money to sustain me while being here. At the airport I was detained for over 8 hours without medication and food ( I have type 2 diabetes and told them this). I had fully complied with all their requests and when they final released me I was told I only had had leave to enter for 4 days,with no reason why.
I was told to file for asylum and did so. They only just had my hearing in November of 2023.
While waiting for my decision I was staying with my (now) partner. I am 53yrs old, NEVER been arrested, questioned or anything by the police both here and in the States, I have WORKED LEGALLY here, until my health got bad,complied with EVERYTHING the Home Office asked of me.
Now the Home Office is saying that I have no partner or ties to this country which is totally false, I have settled here, worked,got a national insurance number and now I am the carer for my partner and have NOTHING to go back to ( in the States), essentially if deported, I would be homeless with no family or friends who could help.
My partner and I were planning to get married this year and now this. What can I do besides appeal their decision. Can I apply for an unmarried partner or fiance visa?
Help please, :cry: :cry: :cry:

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alterhase58
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Location: UK Bucks
Germany

Re: Asylum refused

Post by alterhase58 » Mon Apr 22, 2024 5:50 pm

Who advised you to claim asylum?
The US counts as a safe country, though you may not agree ....
This is just my opinion as a member of this forum and does not constitute immigration advice.
Please do not send me private messages asking for advice.

Kimeva2448
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Posts: 4
Joined: Mon Apr 22, 2024 5:05 pm
United States of America

Re: Asylum refused

Post by Kimeva2448 » Mon Apr 22, 2024 6:02 pm

A solicitor advisor, he said I could claim based on domestic violence, since my ex-husband had threatened to kill me if I returned to the US and since I only had 4 days clearance not enough time for me to figure out a safe way to return.

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Frontier Mole
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European Union

Re: Asylum refused

Post by Frontier Mole » Mon Apr 22, 2024 9:56 pm

I am surprised it took the Home Office so long to refuse your asylum claim. I have heard of US citizens claiming asylum but thought it was an urban myth.
Appeal by all means but that is not going to overturn the refusal. The US is a safe country that is governed under the rule of a law as a fully democratic country. You could have easily moved to another part of the country.

Your options now are limited. You could marry your partner but that does give you a right to remain and the Home Office has to also agree to the marriage.
The other option is to make a new claim under private life.

Kimeva2448
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United States of America

Re: Asylum refused

Post by Kimeva2448 » Mon Apr 22, 2024 11:10 pm

I had told them from the beginning that I wasn't claiming asylum based on the country but because of my situation. I had tried to get help from the police in my state but because of my mental health background they believed him over me,I called DV shelters and was told they had no room. And yes i could have relocated but that takes money and just needed time to save up so I could relocate and the safest place for me to do that was to come here for a couple of months, but the Home Office refused to give me more than 4 days,which was ridiculous, so that's why I ended up filing for asylum.
I'm going to talk to a lawyer tomorrow about filing for a unmarried partner visa but can the Home Office deport me once I file? Sorry I am still trying to figure out all these immigration rules.

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Frontier Mole
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Re: Asylum refused

Post by Frontier Mole » Mon Apr 22, 2024 11:24 pm

The Home Office can’t remove you unless they serve you notice of removal. Your refusal letter might have the notice within the wording.
How long have you been with your partner at the same address?

Kimeva2448
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United States of America

Re: Asylum refused

Post by Kimeva2448 » Wed Apr 24, 2024 12:06 am

There was no date of removal just a change in my bail conditions. I have been living with my partner since I came here, on the 5th of July it will be 6 years.
My partner and I were planning on getting married this year and were going to set the date at the registers office in the beginning of May, but now I don't want to do that because I don't want the Home to think that we're just getting married for immigration purposes.

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Frontier Mole
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Re: Asylum refused

Post by Frontier Mole » Wed Apr 24, 2024 8:21 am

The Home Office does not care that if you get married or not. They can intervene if they don’t want you to marry, if they don’t you are part way there to proving private life if you don’t go for spouse visa

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