Application for Marriage in the UK

[Lita Kay]

Hi everyone,

I am a new member and have been reading the other posts which seemed so helpful that I thought I would post my problem here as well.

My husband and I got married last year in May (Church of England marriage). I am a British Citizen but although my husband has been in the UK since 2001 he has not been granted leave to remain. We called the home office and they simply said his application was 'pending'. He did however receive several letters many years ago telling him to go to Dover for an interview. He never went because he was scared they would send him back to Turkey where he would be prosecuted for his involvement in Kurdish politics.

So....forward 6 years. We have been married for a year now but I just finished my university degree this May. If he were to go to Turkey for an entry visa I dont have the documentary evidence to support his application financially. We now live together in rented accomodation but we just moved in one month ago. Before that we were living in his parents and my parents house (his whole family have indefinate leave to remain) I still havent found a job and he is not allowed to work in the UK.

I dont know what to do because I want to apply for a leave to remain in the UK without him going to Turkey but from what I've heard that is not possible.

Please could anyone help with any information. Is there a way? what do I need to do? Has anyone ever not needed to go back to their country of origin? should we just wait until we have more documentary evidence? and money? please help - I just want to be happy with my husband. The priest who wed us knew that it was a real marriage and so does everyone around us. We had a massive wedding!! is that not proof enough ...help...thankyou

[avjones]

There are two separate issues here.

(1) Leave to remain on the basis of marriage. Generally speaking, you can only apply in-country for leave to remain on the basis of marriage to a UK citizen if you already have leave to remain on some other basis - and it sounds as if your husband doesn't have any form of leave at the moment.

(2) Fear of return to country of origin - has your husband ever applied for refugee status, and if so, what happened? Has he ever been served with a notice of intention to deport him as an illegal immigrant?

[Lita Kay]

You're right, my husband does not have any form of leave to remain in the UK.

When he first arrived into the country he applied for asylum and as stated above after a court case (and failed appeal) was told to go to Dover for an interview to see whether he should go or stay. But it has been over 6 years now.

[Lita Kay]

Just to add: He doesnt actually have any form of status in the UK because as I said when we called the HO, they just said that his application was still pending.

[avjones]

Which application is still pending, I'm not clear?

[Lita Kay]

his original application for asylum that he applied for in 2001.

[avjones]

If he applied for asylum and was then rejected, and lost his appeal, his application wouldn't be still pending.

if he made further representations under paragraph 353 (fresh claim) that might still be pending, but he wouldn't get an automatic right of appeal, and that wouldn't stop him being deported.

Does he have the paperwork relating to his asylum claims, so as to be sure exactly what is going on?

Back to the marriage - by itself, that doesn't entitle him to stay in the UK. He would need to go back to Turkey to apply for entry clearance.

[Lita Kay]

sorry for the late reply. I dont have a regular internet connection.

His papers from the asylum claim end with a letter asking him to go to dover for an interview. after that there was no communication.

his application for asylum was made in 2001 and there was no lawyer present, because he apparently didnt wake up on time. the judge had told him that my husband would either have to represent himself or have his claim rejected right away. after that it was rejected at the end of the court case nonetheless and when an appeal was applied for it was rejected as well. its quite interesting that he was actually a witness in his mothers application for asylum 2 years after his own and his mother was granted asylum. As I said his whole family are here and all have indefinite leave to remain. thats all my knowledge on his asylum application. I dont think a fresh claim was applied for, so I dont know why they say its pending either.

back to the marriage - as a student I dont have the necessary financial documents for the visa application. We have the accomodation, proof of marriage etc just not finance because I just graduated and am waiting for an answer on my first job application on monday. also, I am going to do an MA so thats gonna mean I still wont have the documents. is there no way we can apply in the UK for him to stay in the country without going to turkey and coming back? cant we apply with the flr(m)form (I think thats what its called). or is there another way?

Thank you so much for your help - Im not sure if that has cleared things up. thanks again.

[avjones]

The general rule is that you have to go back to your home country to apply for entry clearance as a spouse. The fact that your husband can't meet the requirements of the immigration rules doesn't mean he can stay here, I'm afraid.

But given the asylum angle, you really need to take professional advice on your personal circumstances.

[Lita Kay]

ok so I checked the forms to apply for visa in turkey. there are 2 forms and I dont know which one to fill in for my husbands situation...the VAF2 is for settlement as a spouse and the VAF1 is for returning residents. which one should I use considering my husbands situation?

[avjones]

Spouse. He's never been legally resident.