Help ...please we are desperate....

[ndeshi]

My husband is a Zimbabwean failed asylum seeker he came here in 2002 and was refused asylum he is still reporting monthly and the HO have his passport...

The problem is I and our little girl came in 2005 on my 5yr work permit from another country where Id been working since 2001.....and now we are desperately trying to find ways and information into how my husband can become my dependent...

What should we do because currently he lodged a fresh application through some lawyers in january 2006 which is still under consideration....

He has no passport and therefore cannot just travel back to Zim for entry clearance...

and the lawyer said chances of dependant application succeeding are minimal as success lies mostly on the fact that he as a dependant must be prepared to go back when my leave to remain expires and in his case the asylum claim contradicts that

We are very depressed as a family and this situation is affecting our day to day living ...Please help

[John]

Could you please post a little more detail about your UK immigration status? You say "when my leave to remain expires", so when does it expire? And what type of visa do you have?

He has no passport and therefore cannot just travel back to Zim for entry clearance...

Previous postings on this Board that the Zimbabwe HC can issue a use-once-only travel document to enable the person to travel back to Zimbabwe ... where the person can apply for a new passport.

[ndeshi]

I have a 5 year work permit till 2010 as im in the health proffession....My leave to remain is valid till that time..........

As for him going back on the use-once-only travel document...well it is quite difficult now for him to obtain a new passport once in Zimbabwe as the passport office recently issued a press report that says that they have suspended the issuing of passports as they have run out of imported passport paper(economic reasons ) So he really requires his own which is still valid till 2011 but is still with the home office...........

[John]

we are desperately trying to find ways and information into how my husband can become my dependent...

The "approved route" is for your husband to go back to Zimbabwe and apply for his visa there. However if there really is an inability to get a new passport once he is back there, surely that is grounds for asking for concessionary treatment in the UK. Doesn't your solicitor think that there are Human Rights grounds for IND agreeing the application made in the UK?

I see your husband's situation as very different from someone from Zimbabwe whose asylum application has failed and who has no family members in the UK. Such a person when sent back is expected not to return to the UK. However your husband could be expected to make a successful application to return as our dependant, so might be expected to return.

But the lack of ability to obtain a new passport into which to put the visa changes all that. Your solicitor should continue to fight the case.

[JamesC]

He should be able to get his PPT back (presumably it is still valid?) it would mean that any applications he has made would be considered withdrawn and he would be expected to make arrangements to leave.

He would have to book a flight and the reporting centre would forward his PPT to the port of departure (he cannot just have it back). he could then leave the UK.

Why did he make an application for asylum from ZWE but is now willing to return.

Presumably your husband is applying to stay under Human Rights Article 8, the right to family life.

The UK has a right to an immigration system and that weighed up against a family life created in the knowledge that his status in the UK is temporary means he should be refused.

From what I have heard in your post there seems to be no reason why he cannot return to ZWE and obtain the correct EC.

J