Asylum Seeker's Marriage Application

[jannahjewel]

I have a query, which I hope you are able to assist me with.

I’m a UK citizen since birth, and met my husband in April of this year and we are now married (both Muslim so no long courtships permitted.) My husband has an on-going asylum application (Made April 2004) and he is an Iraqi Kurd by nationality. We are both 24 and have not been married before.

There was a delay (IND’s fault) in his screening and interviewing process, and therefore my husband was able to mention our marriage in his SEF’s (statement of evidence form’s,) and the marriage application was submitted at the same time as the SEF’s. Our solicitor feels that this is beneficial to us, as the Home Office now have to consider both applications at the same time.

My husband now has his asylum interview next week and we’re looking for tactics; does he focus mainly on his asylum case or his marriage case at the interview, or both? Is it correct to assume that the Home Office will take everything into account at once (both asylum and marriage) or will they do it separately? I’m aware that most Kurdish applications are being refused; so I’m quite expecting the Home Office to refuse his asylum application just so that they can then refused our marriage application L

However, do we have a strong marriage application?
· I own my own 3 bedroom house
· I’m currently three month’s pregnant (first child) by my husband (Mashallah!)
· I work full time earning £22,000 for the Local Council
· We have plenty of evidence that our relationship is genuine from reliable, well-qualified sources, including both my parents, my manager, teachers, etc.

I think that the Home Office will try and return by husband to Iraq to apply as a spouse – but this is extremely difficult as there are currently no passport facilities or British Embassy in Iraq. Is it not disproportionate to send my husband back to Iraq when I need him for emotional support during my first pregnancy? (my family all live at least an hour away.)

What shall we do? Help!! Many thanks, sorry it’s so long but my brain is going overtime!!

[Jeff Albright]

Hi Jannah,

There was a delay (IND’s fault) in his screening and interviewing process, and therefore my husband was able to mention our marriage in his SEF’s (statement of evidence form’s,) and the marriage application was submitted at the same time as the SEF’s. Our solicitor feels that this is beneficial to us, as the Home Office now have to consider both applications at the same time.

Has your husband arrived in this country legally or illegally?
What two applications are you talking about? Asylum application should be withdrawn and the spouse one be submitted instead.

My husband now has his asylum interview next week and we’re looking for tactics; does he focus mainly on his asylum case or his marriage case at the interview, or both?

Forget asylum - use Spouse only. Simply cancel the asylum application - there is no point of it at all anymore. Also there is no point of confusing the IND, the more you make your case complex the more years it will take for them to decide it.

Is it correct to assume that the Home Office will take everything into account at once (both asylum and marriage) or will they do it separately?

No. There is ONE STOP PROCEDURE in place - ONE applicaion, ONE decision, ONE appeal. There should be only ONE application and this is the SPOUSE application.

I’m aware that most Kurdish applications are being refused; so I’m quite expecting the Home Office to refuse his asylum application just so that they can then refused our marriage application

They may refuse either. But in SPOUSE application he will have much stronger grounds for appeal (Human Rights Appeal). However, he can still appeal on Human Rights even in case of asylum application being unsuccessful.

However, do we have a strong marriage application?
· I own my own 3 bedroom house
· I’m currently three month’s pregnant (first child) by my husband (Mashallah!)
· I work full time earning £22,000 for the Local Council
· We have plenty of evidence that our relationship is genuine from reliable, well-qualified sources, including both my parents, my manager, teachers, etc.

That's excellent and will all be taken to your advantage. Means that you will be able to accommodate him, support him without public funds. Your child would make his SPOUSE application case even stronger.

I think that the Home Office will try and return by husband to Iraq to apply as a spouse – but this is extremely difficult as there are currently no passport facilities or British Embassy in Iraq. Is it not disproportionate to send my husband back to Iraq when I need him for emotional support during my first pregnancy? (my family all live at least an hour away.)

They can try to do whatever they want - can arrest him and put him in detention even with appeal pending (those are not people but animals) BUT they will not be able to split you up because they will HAVE to abide by Human Rights Law. You have to have a Human Rights solicitor who will be looking after your case all the time. Your husband MUST be fully aware of this legislation and if they try to arrest him though I doubt they will he must immediately claim his right to remain with you, as his wife. Your solicitor should instruct your husband exactly how to deal with Immigration Service in case of detention, if the worse comes to worst. The solicitor should also be fully knowledgeable of how to bail and get your husband released.

However, I do not see a big problem if you have a good representation and put his application to remain with you as your husband.

I hope this information is useful and now you have a lot more to ask your solicitor.
Please note what I said above is for the guidance only and NOT the professional advice - just to help you write down the list of questions to ask.
Good luck!

[Jeff Albright]

Hi again Jannah,

I gave a bit more thinking on your question about two applications Asylum and Spouse being considered at the same time and have something to point out:

It may depend on in what capacity your husband was when the application for Asylum was lodged.

If you husband has never been in this country legally and his Asylum application was lodged in the form of appeal on Asylum Grounds against removal - then you can supply a Human Rights appeal as additional grounds for appeal. This will be your second appeal. Two appeals at the same time should really be ok.

If your husband was here legally, for example as a visitor and then applied for Asylum then in this case, I'd rather withdraw Asylum and replace it with Spouse application made on a standard form FLR (M).

I say again these are THOUGHTS only and you need to consult your solicitor for a professional advice.

Also, perhaps the other Members of this Board have something to say, as well.

Good luck again.

[jannahjewel]

Hi there,

If this helps, my husband had never been in the UK and applied for political asylum on grounds of political beliefs as he feels Iraq is unsafe at the moment. He has no decision on his application as yet (thats what the interview next week is for.)

There has been no appeals or anything at this stage - as our cases haven't even been considered. (It's better that we married BEFORE he got any decision as the HO can't then say we only got married to keep him from deportation etc) He applied for Asylum and we also submitted LTR (M) forms - (I'm not sure if thats right - the leave to remain on basis of marriage forms) and both applications mentioned the other which we were told strengthened our article 8 (Human rights) claim.

If he didn't apply for asylum then I think he could have been liable for deportation from the day he arrived (clandestinely) as he is allowed to remain here whilst his application is considered and until either a postive or negative decision is made.

We thought about withdrawing his asylum application once married as it would hold more weight, but were advised that the Home Office would probably refuse the marriage application, and ask him to apply as a spouse visa from the dipolomatic post abroad (because he'd be illegal here) this is difficult for him as there is no representation in Iraq and no matter what the HO say, Iraq still has it's problems, and as a British Citizen, it's unlikely that I'd be safe there too to wait for him. By keeping the asylum application in place, it's his back-up, saying it's impossible to return to Iraq and apply as a spouse due to the current climate of unrest there. I *think* that covers everything you wanted to know Sorry if it's confusing; I'd done some research myself but I just want to know what to expect really. It's a tense and worrying time but hopefully we'll be okay. Thanks for everything.

[Jeff Albright]

There has been no appeals or anything at this stage - as our cases haven't even been considered. (It's better that we married BEFORE he got any decision as the HO can't then say we only got married to keep him from deportation etc)

There is no question of deportation. Deportations are now only carried out for criminal offences.
Whatever they say - you are now legally married so he is entitled to be here and the law is on your side. Moreover, the other important thing is that you are going to have a child together - that gives even stronger accent to your relationship being genuine.

He applied for Asylum and we also submitted LTR (M) forms - (I'm not sure if thats right - the leave to remain on basis of marriage forms) and both applications mentioned the other which we were told strengthened our article 8 (Human rights) claim.

Yes, probably the right move in your case. Unfortunately, your husband's case is quite complex and the IND is very very slow when it comes to considering complex cases.

If he didn't apply for asylum then I think he could have been liable for deportation from the day he arrived (clandestinely) as he is allowed to remain here whilst his application is considered and until either a postive or negative decision is made.

Again, NO deportation order may be issued against him unless he has committed a criminal offence.
The chances of being removed as a outcome of refusal of asylum application are much higher than the chances of being removed as a result of refusal of Human Rights application. However, if his asylum application is refused he will then have to appeal on Human Rights.

We thought about withdrawing his asylum application once married as it would hold more weight, but were advised that the Home Office would probably refuse the marriage application, and ask him to apply as a spouse visa from the dipolomatic post abroad (because he'd be illegal here)

This is true that they can do that but this is why the Article 8 of Human Rights Act is there for you to contest their decision. No one can be removed if such an action would fall in breach of person's human rights. So if they try you must immediately appeal on Human Rights.
They can only try to remove both of you but you, as a British Citizen, have the right to refuse leaving the UK - if you do, your husband will not be torn off from you.

...as a British Citizen, it's unlikely that I'd be safe there too to wait for him. By keeping the asylum application in place, it's his back-up, saying it's impossible to return to Iraq and apply as a spouse due to the current climate of unrest there.

Well, I cannot give you a full professional advice. Everything you are saying is right and therefore the HR Act is fully on your side.
Two applications, however, as I see it, only makes your case too complicated and confusing. So I guess the IND may take a very long time to decide it. However, providing both of you know the Law and your solicitor is fully competent - I cannot see any problems in the end.

Anyway, good luck with his asylum interview and please let us know how it went.

Best of luck again.

[Kayalami]

My understanding of the situation

1. Your husband entered the UK clandestinely (back of a lorry etc) – you have not specified the date of this entry.

2. He claimed asylum – either immediatley upon entry or after entry. If after entry did he go to a lawyer who lodged the claim? Has he been to the Home Office Asylum unit in Croydon for finger printing? What date was the claim lodged?

3. Prior to either an initial interview or a substantive interview on the asylum application you got married. You do not say when you got married but it seems this was on or around the same time he lodged the asylum application. What was the date of your marriage?

4. Your husband (his solicitor) submitted both the SEF form in relation to the asylum application and the FLR(M) form in relation to the marriage to the Home Office including Human Rights grounds as a basis for consideration.

IMHO the Home Office will consider the 2 applications simultaneously but on distinct grounds.

Political Asylum (PA)

1. The application for PA must be on the 5 grounds listed in the Geneva Convention for refugees. Your husband must show that one or more of these apply to him at the interview next week – I don’t know his grounds but as you state despite the Iraqi situation case law shows that Kurds are now being refused on grounds of internal flight i.e. parts of Iraq might be dangerous but the northern haven is safe for them with the change in regime effectively creating a sub autonomus enclave. The interviewing officer will make notes in his file to the effect that he is married to a BC but IMHO will not discuss the marriage application any further. You also need to be aware that asylum applications involve a significant aspect of credibility in that not only must the facts/ circumstances add up but they must be truthful. No one on the board can determine this 'credibility'.

2. If the application is refused the HO may either require your husband to leave the UK or they may give him Humanitarian Protection (a new type of Exceptional Leave To Remain) for 3 years or Discretionary leave (1 year). Much will depend on operational policy in relation to Iraqi nationals and the ever changing situation there given the Home Office has started enforcing Iraqi returns.

3. A refusal will attract a right of appeal – most removals say they will be subject to torture against Article 3 of the Human Rights Act which the HO cannot derogate from. As per case law this is unlikely to be successful for Iraqi Kurds.

4. It seems from your research and your solicitors comments (supported by case law) that you deem success of this application to be unlikley so it is now a back up/ time buying strategy in relation to the marriage application.


Marriage

1. Pursuant to the immigration rules the Home Office do not have to consider the application as your husband was not given leave to enter or remain i.e. he is an illegal entrant.

2. The HO are however obliged to consider the Human Rights Act in determining an application. You are relying on Article 8 – the right to a family life. This unlike Article 3 is one the HO can derogate to balance the need for effective immigration controls. Your loss/ suffering from a refusal must be excessively disproportionate for the application to be considered. Again case law will feature. I know many cases where people who had lived in the UK for longer periods than your husband, had been married longer and had children were still denied so IMHO your chances are slim. The HO may even argue that your husband has not necessarily established a family life given the short time you have been married.

3. You mention the challenges of a spousal application in Iraq – the British Embassy in Amman, Jordan handles settlement applications for Iraqi nationals because as you say there is no visa processing in Iraq. Iraqi nationals do not require a visa to enter Jordan. The HO can state that there is no reason for your husband not to make an appointment for a settlement application (an interview is required) via e-mail or telephone with the British Embassy in Jordan. He can then attend with all the supporting documents and likely get his visa issued within a short time although there may be enquiries to the Home Office to make sure he was not deported. Given that you can easily meet the requirements of the immigration rules for sposues especially those pertaining to accomodation and income this may be the best option although there wil be an element of separation.

4. A refusal of this application will not attract a right of appeal on the basis that it is in not in accordance with the immigration rules. Although you can appeal on Human Rights grounds alone such will fail as you have already included them in your initial application under the one stop procedure mentioned by Jeff.

I appreciate that my post may not be very encouraging but I just wanted to give you more information to help you better understand potential outcomes. The HO may decide to exercise discretion in either applications – IMHO they are more likely to refuse the asylum case and approve the marriage application. The challenge for you/ your solicitor is to show how a return to Iraq where both applications are refused would be disproportionate taking into account your pregnancy etc.

On a positive note your husband is unlikely to be detained given that proceedings are at an early stage and he has ties in the form of your marriage with appropriate accomodation – bail would be fairly straightforward if it came to it but I am positive it won’t. You need to decide whether to go through the tortous process of appeals or go for the settlement visa (I would favour the latter). Your solicitor am sure is aware that the latest Immigration Bill (Asylum, Treatment of Claimants etc) passed this month has made it more difficult to lodge successful (primarily asylum) appeals – such includes appeals perceived to be ‘time wasting tactics’ to delay removal from the UK.

Progress will very much depend on the outcome of the interview next week - we would welcome an update then.

Good Luck - congratulations on your marriage and expected child.

[Jeff Albright]

The main dilemma of this case is that due to imperfection of the Immigration Law in this country, the return of the person overseas, who was in breach here, in order to apply for a fresh entry clearance does not guarantee his return. Rather, according to the UK Visas procedures the application from any person who has been in breach of stay or entry to the UK automatically falls to be refused.
Whenever and whoever comes to the attention of the Immigration Service - such as illegal entry, overstay, criminal offences, gets entered into a "black log" which is called Visa Warning List. I was asking about it earlier on this forum for a better understanding of the procedures but that was wasted.
This database is available throughout all British embassies overseas meaning a big "NO" to anyone applying to return to the UK.
The discrepancies in the Immigration law have resulted in exorbitant amount of appeals on Human Rights grounds and a huge backlog in the IND because people simply cannot leave the country and if they have their spouses here they cannot return for an unknown period. The IND has been challenged several times to make relevant amendments to the law, for example, those who leave the country voluntarily - to delete any adverse immigration history from their files or to give assurances that their bad immigration history would not affect further applications from overseas.

This results of huge amount of aliens leaving illegally, entering illegally or overstaying because people simply have NO CHOICE.

Because the Government does not want to address these problems it gets itself into a bigger mess by overloading the IND with huge amount of work like this, which could have been avoided.

As far as Jannah situation is concerned, if her husband goes overseas to apply for the entry clearance from abroad, he will be refused on the grounds of previous immigration history, then he will appeal, then it will take a year to prepare and hear the appeal, then if refused, there will be another year, an so on and on. Eventually, he will get his entry clearance but by that time the couple with a little child will be in separation for YEARS.

If he stays here, his Marriage application may be refused, he will appeal once and then again.. it may take 5 - 10 years to resolve and eventually he will get his right to remain here but the most important fact is that he will not be split from his wife and a baby and will stay with them. The couple will live and enjoy their life together, which is extremely important within relationship. The only problem here that the person will not be able to travel and leave the UK until he is happy with the outcome.

It is very difficult situation and the process will be very lenghty.

[Kayalami]

Jeff,

Concur with you that the system is a mess when it comes to leaving people in limbo. The concept of Advance Parole as per US immigration law would address those circusmtances where an applicant needs to leave the Uk then return without the absence pre-judicing a pending application. However in the current political environment the system is enforcement driven rather than a managed approach balancing the UK’s needs and international obligations.

My understanding is that the ECO must resolve applications in accordance with the immigration rules. They will of course take into account previous UK immigration history in particular that of adhering or otherwise to landing conditions. Just because the husband is an illegal entrant will not form a basis for the refusal of a settlement application – it may be delayed while the ECO verifies if there was a deportation order in place. What grounds in your opinion/ knowledge would the application fall for refusal? If he was coming back in a non settlement category e.g. visitor/ student I agree he wouldn’t stand a chance.

My understanding from case law on similar circumstances i.e. clandestine asylum seekers who then marry a settled spouse are that:

1. The compassionate circumstances here (this application) are not adequate such that a refusal of the marriage application would be disproportionate to maintaining the integrity of effective immigration controls. One would think that the wife being pregnant and her family living an hour away are compassionate. With all due respect this in the eyes of the HO is not such - if she was terminally ill with no relatives and thus depended solely on her husband then they would be inclined to agree.

2. There will be no appeals for an in-country marriage refusal – it is not in accordance wtih the rules. He cannot state that an operational policy was not considered e.g. parent of a child who has spent at least seven years of the first part of his life in the UK since this is not applicable.

3. An appeal on HR grounds will be dismissed (on a technicality) – they have already been considered by the HO in the initial application.

4. Leave to appeal to the tribunal will also be dismissed – appeal not on a point of law. Same with judicial review. Worst case scenario is the appellate authorities see this as time wasting to delay removal.

5. I cannot comment on the asylum application to the same extent as I do not know the credibility of the claim or the circumstances/ number of arrivals in question – suffice to say that the burden of proof is on the applicant given that the HO deems the situation for Iraqi Kurds to have improved enough for internal flight to be an option.

6. Likewise an appeal will be driven by the reasons for refusal – I can wager my mortgage that they will go for Article 3 – prohibition against torture etc.

We both agree that the applicant has to decide whether to go through the appeals process or the out of country settlement application given the potential time frames in question. Difficult one to call especially in light of the family circumstances. However IMHO the short term separation from the wife whilst undertaking a settlement application with ensuing resolution of immigration status outweighs the stress/ hassle/ uncertainty of the appeals system.

The earlier the applicant can get his status resolved the earlier he can get settled and naturalise. I would have favoured the appeal route had his wife been in the third trimester of pregnancy. As always it is best to discuss with his solicitors and determine a way forward which will be influenced by the outcome of the interview next week.

All in all I hope things work out for them and they have a long and fruitful marriage.

Rgds

Kayalami

[jannahjewel]

Hi there

Many thanks for your replies, I knew the whole thing could be a long and difficult process, I just wanted some clearer idea what to expect.

Some further information: My husband arrived in April 2004, and we married in July 2004, although we had an Islamic wedding eariler in May.

He claimed Asylum upon arrival but wasn't screened and fingerprinted until 3 weeks ago. He was at that point given his SEF's and we returned those at the same time as the marriage SET (M) forms for leave to remain as spouse. His substantive interview is next week, in Liverpool.

I know that positive decisions for kurds are running at around 5% at the moment, so yes, I'm not too confident about the asylum outcome. So, if the HO don't have to consider the marriage application, when do you think they'll let us know about whether it is a valid application?

You mention that you know many people who've been through this and still had negative outcomes; fair enough, but on balance, have you ever come across some positive outcomes and if so, what made their individual cases strong enough to be successful?

If we decide the best course of action is to apply from Jordan, would the IOM (voluntary return organisation) assist him to get back to Iraq as he has no passport (no Iraqi passport) to get there? How long does this take?

Do people still think we should withdraw the asylum application? Has that actually made things worse for us? Our solicitor advised us to do both but maybe he just wanted more money!

Would my husband be in breech of immigration laws though, say for example, his asylum application gets refused, and he returns straight back to Iraq (to apply from Jordan)? He'll have complied with everything they said to him. He's allowed to be here whilst his application is at least considered, and then when they say "go" he "goes," then I can't see that he's been in breech of stay or has a "bad" immigration history. I'm just worried that if he returns to Iraq, goes to Jordan, and then Jordan take a long time to make a decision, then we'll be seperated for years

The Home Office guidelines state we shouldn't be waiting more than 13 weeks for a marriage application decision, I guess what's being said is that that's highly inaccurate then?

But once again, you've all really helped resolve some of my unanswered questions, and I know a lot of it is just guesswork until he's actually been interviewed next week. I'll let you know how we get on.

One more, SHOULD my husband mention our marriage at his asylum interview or wait for the officer to bring it up? Should he talk about the two simultantiously? What's going to be better?

Many many thanks, Jannah x

[jannahjewel]

Ah, we posted at the same time, so some of my next questions have already been answered lol

So, if he goes back to Iraq, and applies from Jordan, would it help to include all of his asylum paperwork and a letter from my MP and solicitor for example, to confirm that he hasn't been deported? Thats surely going to speed things up? How long would it take (roughly) to apply from Jordan?

I tend to agree that going back and applying from Jordan is better, providing that it will be looked at positively and quickly I'm concerned that if it gets refused, I'm not there to help, my husband won't be able to afford to pay a solicitor out there to help him, and the whole thing would turn into a big mess. However, I am quite confident that the application itself would meet entry clearence guidelines as we meet all the criterea; it's just trying to second guess what other problems the embassy or HO may throw at us!

Arrghhhh, I don't need the stress right now, but, thats life! Thanks for all of your support

[Kayalami]

I know that positive decisions for kurds are running at around 5% at the moment, so yes, I'm not too confident about the asylum outcome. So, if the HO don't have to consider the marriage application, when do you think they'll let us know about whether it is a valid application?

IMHO the HO will notify you or rather your solicitor if the application is valid within a month - it will be after the asylum interview.

You mention that you know many people who've been through this and still had negative outcomes; fair enough, but on balance, have you ever come across some positive outcomes and if so, what made their individual cases strong enough to be successful?

I believe you are refering to compassionate grounds overcoming a refusal of an application outside the rules - marriage and asylum. IMHO and based on the case law I am aware of the compassionate grounds in your case are not compelling enough for a refusal of the marriage application to be deemed disproportionate to effective immigration control. Your solicitor who deals with these matters more regularly may be better informed of case law in your favour.

If we decide the best course of action is to apply from Jordan, would the IOM (voluntary return organisation) assist him to get back to Iraq as he has no passport (no Iraqi passport) to get there? How long does this take?

The British Embassy in Amman will accept a Interim Travel Document for purposes of the application as per the immigration rules. IOM will give you details of ITD processing times. You need to verify with the Jordanian authorities that they will accept entry on a ITD - call their embassy in London.

Would my husband be in breech of immigration laws though, say for example, his asylum application gets refused, and he returns straight back to Iraq (to apply from Jordan)?

He is already in breach of the immigration laws as an illegal/ clandestine entrant.

He'll have complied with everything they said to him. He's allowed to be here whilst his application is at least considered, and then when they say "go" he "goes," then I can't see that he's been in breech of stay or has a "bad" immigration history. I'm just worried that if he returns to Iraq, goes to Jordan, and then Jordan take a long time to make a decision, then we'll be seperated for years

Under the Geneva Convention your husband cannot be removed from the UK pending a decision on his asylum application - this does not mean he is legal as per my comment above. IMHO if he takes all the relevant documentation with him to Jordan a settlement visa will be issued within a month. Going to Iraq? - is his life not in danger there as per his asylum claim? I believe there are direct flights to Amman.

The Home Office guidelines state we shouldn't be waiting more than 13 weeks for a marriage application decision, I guess what's being said is that that's highly inaccurate then?

Refers to in country FLR/ILR applications submitted by post that are valid and straightforward - yours is neither.

One more, SHOULD my husband mention our marriage at his asylum interview or wait for the officer to bring it up? Should he talk about the two simultantiously? What's going to be better?

The HO should have this info on his file but he can mention it - it will not have a bearing on the asylum application per se which will be decided on the grounds of the Geneva Convention.

So, if he goes back to Iraq, and applies from Jordan, would it help to include all of his asylum paperwork and a letter from my MP and solicitor for example, to confirm that he hasn't been deported? Thats surely going to speed things up? How long would it take (roughly) to apply from Jordan?

See my comment regarding a return to Iraq. Inclusion of the asylum paperwork only indicates that a claim was lodged. You will not get a letter from the MP or solicitor stating there was no deportation - only the HO can do that which they won't. Get the solicitor to write a letter explaining the series of events including the relevant hearing dates. Submission of travel tickets showing a departure from the UK and of course matching entry stamps into Jordan on his ITD will verify his leaving the UK. You should also withdraw the asylum application in writing although a departure automatically does this. It follows that if an asylum interview was held today and he left tomorrow he would never be deported. In all cases the ECO at Amman will refer to the Home Office (Asylum unit) and clarify the series of events.

Do people still think we should withdraw the asylum application? Has that actually made things worse for us? Our solicitor advised us to do both but maybe he just wanted more money!

The solicitor may be following your joint instructions to keep your husband in the UK so presumably will consider various options - whether these are in your best interests are dependent on the facts of the matter on a case by case basis. A decision as to whether to withdraw the asylum application is really yours - I hope the info here and consultation with your solicitor can assist. However attending the interview is part of the 'credibility' aspect of the claim.

I don't think I can add anything further to my comments which as always remain my laymans understanding - your solicitor may have a completely different viewpoint based on the details of your husband's asylum claim which I am not privy to as well as a personal consultation to ascertain the matters of credibility. It may help to note that refusals of any application including asylum are added to your records and used in future decision making - the less you have of these the better.

[jannahjewel]

Husband had interview today, all but one of the 100-odd questions asked of him was about his asylum case, only one about the marriage. How long are asylum applications taking from interview to reach a decision?

Heard nothing from HO re: marriage application, not even had our documents returned yet!

The 2nd quater asylum stats weren't very encouraging with only 20 of the 1000+ Iraqi applicants getting a positive decision! How can they say that Iraq is safe - it's beyond me!

Anyway, many thanks again

[greenmanner]

I understand you're married and are about to have a child (with an asylum seeker; that to me seems like a slightly silly thing to do
no matter how much in love you're with the person) but it seems to me the solution to your problem is something you've not even comtemplated.

I understand that you're settled in the UK, are a UK citizen and have a job that is of great worth to our soceity. Iraq is an awful country to live in at the moment and I encourage peopel to seek asylum from there. However in your case, as you're both muslim wouldn't it be appropriate that you both live in a muslim conutry where it is easier for him to claim asylum? Apart from your special circumstances, why is the UK so attractive to asylum seekers? You have great skills that culd be of good use for other countries within the EU, even in the rest of the world. It might be in your interests to consider immigration yourself and ask your husband to claim asylum where it's easier. If that woulc cause too much upheaval then fair enough but I guess it just comes down to how much you want to be with your husband and how easy it is to claim asylum in other countries.

Out of curiousity, were your parents born in the UK? If no, you should be able to apply for citizenship in their home country and depending on their home countries laws you may be able to retain your British citizenship aswell. On a sidenote you'd also be doing your parents home countries development a great service.

Have you considered this as an option if the asylum application were to fail?

Hey the weather is terrible here anyway.

[Chess]

Greenmanner,

Please review the rules for posting on this forum.

Chess
on behalf of the moderators

[greenmanner]

Please can you tell me why the post below was deleted. I have clearly read the rules, but I'm sure most will agree that deleting peoples posts with no explanation, teling them their post breaks the rules without citing any is a very bad way to moderate the content of a forum.

Rules for users:

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5. For your own safety, there should be no public posting of any personal contact information.
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Workpermit.com keeps rights to ban any user, who will not follow these rules, or edit/delete any inapropriate post without any warning.

Care to justify that comment?

The information I provided may act as a solution to their problem so I believe posting it is justified. Whereas on the otherhand I cannot find where my post may have breached those rules so it appears your post is not.

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[Chess]

I understand you're married and are about to have a child (with an asylum seeker; that to me seems like a slightly silly thing to do

The above statement is in breach of rule 4 - dont you agree?

[greenmanner]

I wouldn't go sofar as to say that telling someone something they've done is silly is being rude to them. I guess I'm just looking at her situation and being honest. Besides *I think* that rule is reserved something far worse. I also don't see how I'm not paying someone respect by telling them what they've done is silly, hey you never know perhaps if we were to tell other people their mistakes they might decide it's unwise to do them again?

I will tell her what I think are mistakes and I think making mistakes is silly. I even went to further effort to include a smiley in my post just to reinforce that I didn't mean any harm by wht I said, I was just being honest that I think for a person in her situation what she did was a very silly thing to do.

Regardless of this you actually deleted my following post with no explanation. I personally feel this is a very bad way to modeate a forum.