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Overstayed to spouse

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saminkhan
Junior Member
Posts: 88
Joined: Tue Nov 17, 2009 9:38 pm

Overstayed to spouse

Post by saminkhan » Sat Aug 21, 2010 2:04 pm

Hi everyone,

I have a friend who came to the UK on visit visa but due to political situation back home never went back. He always had the plan to apply for Asylum but couldnt and ended up staying here for 5 years. Now he is engaged to someone who is a british national but doesnt know if he can apply for settlement visa. I know he has an option to go back, get married there and her wife then applies for spouse but he doesnt want to go back for the same reason he is here for a long time.

Applying for asylum is not an option anymore as they will detain him and his long overstay is not going to help him in any way.

Can anyone please advise on any other options available.

Thanks in advance
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Wanderer
Diamond Member
Posts: 10511
Joined: Thu Apr 21, 2005 1:46 pm
Ireland

Post by Wanderer » Sat Aug 21, 2010 3:13 pm

Is his country deemed dangerous now?
An chéad stad eile Stáisiún Uí Chonghaile....
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saminkhan
Junior Member
Posts: 88
Joined: Tue Nov 17, 2009 9:38 pm

Post by saminkhan » Sat Aug 21, 2010 5:49 pm

Yes but home office hasnt accepted that in some cases.
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Wanderer
Diamond Member
Posts: 10511
Joined: Thu Apr 21, 2005 1:46 pm
Ireland

Post by Wanderer » Sat Aug 21, 2010 6:46 pm

saminkhan wrote:Yes but home office hasnt accepted that in some cases.
Which country is it?
An chéad stad eile Stáisiún Uí Chonghaile....
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saminkhan
Junior Member
Posts: 88
Joined: Tue Nov 17, 2009 9:38 pm

Post by saminkhan » Sat Aug 21, 2010 8:32 pm

He is from Pakistan and belongs to a group which has been and still is under a huge amount of trouble. It was quite staright forward to get asylum 7/8 years ago if you belong to that group but these days HO is very strict on all immigration catagories so asylum is also not very straight forward. He has made things more difficult by not applying for anything at all in the last five years.

I have gone through some other topics and in addition to the huge delays Pakistani visa posts have there is also a risk that they apply 320(7) or the worst 320(11).

Any more comments and help will be highly appreciated.
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alikhan28
BANNED
Posts: 298
Joined: Wed Jul 28, 2010 5:05 pm

Re: Overstayed to spouse

Post by alikhan28 » Sat Aug 21, 2010 9:26 pm

Hi
I have a friend who came to the UK on visit visa but due to political situation back home never went back. He always had the plan to apply for Asylum but couldnt and ended up staying here for 5 years. Now he is engaged to someone who is a british national but doesnt know if he can apply for settlement visa. I know he has an option to go back, get married there and her wife then applies for spouse but he doesnt want to go back for the same reason he is here for a long time.
Inside uk Spouse visa is not possible as he has no legal status but he can make an artcile8 application(very difficult and complicated) and if succeed he would be given DL for 3 years.

But home office would question why he can not go his country and apply for spouse visa or her wife can go with him and can live their country.So no artcile8 breach.Remembered if refused he would be given no right of appeal.


Ali
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Wanderer
Diamond Member
Posts: 10511
Joined: Thu Apr 21, 2005 1:46 pm
Ireland

Post by Wanderer » Sun Aug 22, 2010 1:31 am

Pakistan is a big place, don't tell me everyone there knows who he is and will get him!
An chéad stad eile Stáisiún Uí Chonghaile....
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alikhan28
BANNED
Posts: 298
Joined: Wed Jul 28, 2010 5:05 pm

Post by alikhan28 » Sun Aug 22, 2010 2:00 am

Wanderer wrote:Pakistan is a big place, don't tell me everyone there knows who he is and will get him!
I wonder what thats mean........ahahahha

Ali
..................................................................................................
This is simply a general discussion not an immigration advice. I not necessarily correct on everything I would say. I am learning too
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batleykhan
Moderator
Posts: 3573
Joined: Mon Jul 30, 2007 4:58 pm
Location: West Yorkshire

Post by batleykhan » Sun Aug 22, 2010 10:30 am

Wanderer wrote:Pakistan is a big place, don't tell me everyone there knows who he is and will get him!
Not big now as half the country is now flooded
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jammybunn
Newbie
Posts: 30
Joined: Sun Aug 22, 2010 10:17 am

Post by jammybunn » Sun Aug 22, 2010 9:51 pm

i seriously do not understand the logic of people who "mean to claim asylum but never get round to it". if you are genuinely fearing for your life you will do it as soon as possible. Those who are not genuine tend to save it as a "hail-mary" for if and when enforcement teams catch them. The thing is, for all these bogus claimants trying to abuse the system- it can affect those genuinely in danger and genuinely fearing for their lives
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