Applying For My Son Who Is Over 18 (advice please)

[Kalpeny]

I was an asylum seeker who was granted ILR, I made the mistake of applying for British citizenship before applying for my son who is over 18 years of age based on a terrible piece of advice from my then refugee council advisor. It has been something that has caused me a great deal of pain as my son is alone in my country of birth, he is the only member of my family there and is reliant on me to subsist. I have asked many and looked up the situation on the .gov site but I am getting no where.


This is a humanitarian situation, if there is anyway at all for me to bring my son over I would appreciate any pointers if you can.

Thank you.

[Amber]

The issue is your refugee status ceased when you became British. Your Son can't make an asylum claim from outside the UK. Is he facing persecution?

[Obie]

Amber I dont think that is the case. Refugee status does not cease when you become British.

The Supreme court confirmed in 2010 , In ZN (Afghanistan)that the court of Appeal was wrong to make such ruling.

[Amber]

Unfortunately Obie, the Immigration Rules (339A (iii) & 339BA) reversed the decision of the Supreme Court in ZN (Afghanistan) [2010] UKSC 21. The advisor erred in not advising the OP that s(he) would lose his/her status for the purpose of family reunion.

Moreover, the child dep is now over 18.

[Kalpeny]

The issue is your refugee status ceased when you became British. Your Son can't make an asylum claim from outside the UK. Is he facing persecution?

Yes, we are from a minority clan in Somalia and he has been living in hell as a result of that. What is breaking my heart is that I had a chance to bring him had I stayed a refugee but when I asked I was told by the advisor at the Refugee Council that he was over 18 and as such could not be brought over.

If you could help me I would be every so grateful, even a pointer or any advice as to which direction to follow. The rest of the family are all here and he is alone in there.

Thank you all so much for your reply.

[MPH80]

What's stopping you from flying him here and him claiming asylum himself?

[Obie]

Unfortunately Obie, the Immigration Rules (339A (iii) & 339BA) reversed the decision of the Supreme Court in ZN (Afghanistan) [2010] UKSC 21. The advisor erred in not advising the OP that s(he) would lose his/her status for the purpose of family reunion.

Moreover, the child dep is now over 18.

You are very right Amber. I am not keeping up well with these changes.

I thought the Court was looking at whether it is consistent with the convention to deprive someone of refugee status once the acquire British nationality.

It appears that the supreme court was looking at whether the rules in place then, require refugee to lose their status once they acquire British Citizenship. it clearly didn't then, but it does now, as you have helpfully brought to my attention.

[Kalpeny]

What's stopping you from flying him here and him claiming asylum himself?

That is not possible unfortunately because in order to fly him over here I would require a visa for him, which I do not.

[Amber]

I'm thinking, move to another EEA Country take him there as a dep family member and claim asylum or use Singh rule to bring him back to the UK (if you can exercise treaty rights in another EEA Country). If you wanted to claim asylum, you'd have to claim Asylum in the first EU Country but I think that would be ok.

[Kalpeny]

I'm thinking, move to another EEA Country take him there as a dep family member and claim asylum or use Singh rule to bring him back to the UK (if you can exercise treaty rights in another EEA Country). If you wanted to claim asylum, you'd have to claim Asylum in the first EU Country but I think that would be ok.

Can you clarify the bolded bits please? Do you mean claiming asylum from the UK?

I do not think I can take him to another EEA country as the visa issue will remain for him, it is very difficult to get visas for Somali nationals.

Thank you so much for your answers. I've been reading on the Singh rule and it seems very useful for those who can secure visas to EEA countries.

[Amber]

I mean you move to another EEA Country and apply for his EEA EC as a dep family member then you can either stay there exercising treaty rights or he claims Asylum. He'll have to claim Asylum in the first EU Country he enters. Getting a visa under EEA is far simpler than under the immigration rules.

[Kalpeny]

I mean you move to another EEA Country and apply for his EEA EC as a dep family member then you can either stay there exercising treaty rights or he claims Asylum. He'll have to claim Asylum in the first EU Country he enters. Getting a visa under EEA is far simpler than under the immigration rules.

What is EEA EC (tried to look it up but came with European Economic Area, European Community)? Is there a name for this rule?

I was reading up on the Singh rule and I think he had to stay at least three months in an EEA country to be eligible for visa. If I move to another EEA country and claim asylum can I bring him over without having to get a visa for him?

Thank you so much for your replies!

[Amber]

You can't claim Asylum anywhere, you're British and not fearing persecution here. If you go to another EU Country e.g. Ireland Republic of, and you bring your son to Ireland under EEA rules, then he may be able to make a claim for Asylum in Ireland upon entry into Ireland.

Alternatively you move to another EU Country e.g. Ireland Republic of, work there for say 6 months (though it's supposed to be moving your centre of life, which I think is unlawful) then return to the UK with your Son under EEA rules. If you not are already, I'd make sure you were sending regular money to your Son.

[Kalpeny]

I am, its the only source of income he has as the country is still in a state of civil unrest.

You can't claim Asylum anywhere, you're British and not fearing persecution here. If you go to another EU Country e.g. Ireland Republic of, and you bring your son to Ireland under EEA rules, then he may be able to make a claim for Asylum in Ireland upon entry into Ireland.

This is what I am not understanding, what rules are these? Is there a right to family union in other EEA countries that we do not have in the UK? And to which I can appeal in the case of my son? My main concern is how he would get entry into said EEA country as he is a Somali citizen to which visa requirements are almost impossible to fulfil.

Again you have my sincere thanks for all your help!

[Amber]

You are British thus you are an EU national, you have rights to free movement in other EU Countries for you and your family/dep family. So you move to the Republic of Ireland and bring your Son to Ireland using the EEA rules.