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INC
INC, Solicitor-Advocate
Category: UK Immigration Law
Satisfied Customers: 11614
Experience:  LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
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Hi! i am currently living with my fiance in the uk am on 2

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Hi! i am currently living with my fiance in the uk am on 2 year working holiday visa which expires July 2010 & he is on asylum permit, we are getting married in January 2010 in my home country - south africa, is he allowed to bring me on his status to live here with him?

Hi,

 

Thanks for your question.

 

In short, yes he can apply for you to join him in the Uk, however, if his Asylum application is refused, you will both have to return to your home country.

 

I hope this answers your question. If so, kindly click accept.

 

If you wish to discuss, please feel free to ask further questions.

 

Kind regards,

Customer: replied 7 years ago.

Hi! i think there is a missunderstanding of the question. My fiancee is already on Asylum & has been living in the UK for 7 years on that status. Being his wife is impossible to get me the same status as him which is Asylum permit cuz is only granted to citizens only but is it possible to live on his status as a spouse permit - those are 2 totally different thinx. We won't be appliying for anybody's Asylum but to live on his Asylum as his wife in the UK and get the work permit.

 

Thank you

Hi,

 

Sorry for the misunderstanding.

 

You will be able to apply as his dependant.

Customer: replied 7 years ago.

Can u elaborate more on your answers, how are we going to apply and how long is it going to take for the whole procedure? do i come with him or are we gonna wait for the reply on the application first?

 

Hi,

 

A person who flees to the United Kingdom to seek asylum can include his/her dependants in his/her application for asylum, if those dependants have travelled with him/her to the United Kingdom. However, the UK Border Agency recognises that families can become fragmented in cases of asylum, depending on the speed and manner in which the person has fled.

 

If the person is a recognised refugee or is benefiting from humanitarian protection in the United Kingdom, the UKBA's family programme reunion allows him/her to be reunited with his/her family members (that is, those who were part of the family unit before he/she fled).

 

Under the Immigration Rules, only pre-existing families (the spouse, civil partner or unmarried/same-sex partner plus any children under 18 who formed part of the family unit at the time the sponsor fled to seek asylum) can apply to enter the United Kingdom under the family reunion programme.

 

I am assuming that your fiance did not have a family before departing South Africa, therefore, the family reunion programme will not be applicable.

 

How long has your fiance been in the UK?

 

 

Customer: replied 7 years ago.

he is been living here now for 7 years under the Asylum permit, my concern is we met hear in UK then get married next year. So am not pre-existing spouse so i wont have to apply for family reunion visa but am i still gonna be abe to apply as his dependent?

Hi,

 

I cannot see how you will be able to apply as a dependent if you are not an existing family member.

 

If you were to marry next year, it would probably be wise for you to apply for an extension of your visa or switch to another category. After your husband becomes eligible for indefinite leave to remain (10 years), you should then make an application.

 

I hope this helps.

 

 

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