How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Thomas Your Own Question

Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 6660
Experience:  BA (Hons), PgDip, Practising Solicitor
28732269
Type Your UK Immigration Law Question Here...
Thomas is online now
A new question is answered every 9 seconds

hi i need help to find out something for my boyfirend about

Customer Question

hi i need help to find out something for my boyfirend about his situation in uk could you help me pls?
Submitted: 3 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 3 years ago.

Hi,

 

What status does your boyfriend have in the UK?

 

What would you like to know?


Tom

Customer: replied 3 years ago.
hi he been in uk since 1999 and he claimed asylem since that time but he refused to stay in uk . and he didnt go fo signing sinse 8 years he dont know what is his situation but he is working and he pay his tax. we been together 10 years i have a son with him he is from pakistan and he dont want go back at any case .recently i find out lot of pepole like his situation they have there indifinith leave to remain could you help me pls
Expert:  Thomas replied 3 years ago.

He claimed asylum. He was refused. He has continued to stay here. You have a son together.

 

Is this correct?

 

What age is the child?

 

Are you a UK citizen?

 

 

 

Customer: replied 3 years ago.
I AM UK CITIZEN . MY SON IS 6 YEARS.
Expert:  Thomas replied 3 years ago.

Okay.


Are you or do you plan to be married?


Tom

Customer: replied 3 years ago.
YES . HE WAS MAREEIED WITH BIRITISH CITIZEN WHEN HE FIRSTCLAIM ASYLEM BUT THE GAIRL WAS MAD AND SHE LEFT HIM SHE BEEN IN MENTAL HOSPITAL IN AND OUT HE JUST GET HIS DIVORCE CERTIFICATE LAST MONTH.
Expert:  Thomas replied 3 years ago.

Sorry, just to be clear.

 

He was married. He is now divorced.

 

Are you now to marry him?

 

Customer: replied 3 years ago.
I LIKE TO MARRY HIM .BUT HE DOSNT HAVE ANY ID OR PASSPORT.
Customer: replied 3 years ago.
I LIKE TO MARRY HIM .
Customer: replied 3 years ago.
HE DOESNT HAVE ID OR PASSPORT LET ME KNOW PLS WHAT SHOULD I DO
Expert:  Thomas replied 3 years ago.

Hi,


Where is his passport, is it with the UKBA?


Tom

Customer: replied 3 years ago.

HE CAME WITH FAKE PASSPORT HE CLAIM ASYLEM WITH HIS REAL NAME..

Expert:  Thomas replied 3 years ago.

Hi

 

Did he have his real passport with him though?

 

If so please state where this is.

 

Tom

Customer: replied 3 years ago.
HE NEVER BRING HIS OWN PASSPORT AND SINCE 1999 IN UK WITOUT THAT. JUST WITH HIS NATINAL INSURANSE NUMBER.
Customer: replied 3 years ago.
FrownHE NEVER BRING HIS OWN PASSPORT AND SINCE 1999 IN UK WITOUT THAT. JUST WITH HIS NATINAL INSURANSE NUMBER.
Expert:  Thomas replied 3 years ago.

Hi,

 

This is quite complicated. I've got to do some checking on this. Can I reply in the afternoon or would you prefer me to opt out and leave it for other experts to answer in the meantime?

 

Tom

Customer: replied 3 years ago.
I KNOW . NO PROBLEM I WILL WAIT YOU PLS LET ME KNOW AS SOON AS POSSIBLE . WE ARE NOT SURE HE MAY BEEN APPROVED LAST YEAR WITH LOT OF THER ASYLEM BUT PLS LET ME KNOW.THANK YOU
Expert:  Thomas replied 3 years ago.

Hi,

 

This is a very unusual situaiton.

 

I note in your final reply you state "..he may have been approved..". I don't know what you are basing this on, but you have to find out for sure what his current status is in this country.

 

If he was married in the first place to a UK citizen then he should have applied for a spouses visa under his true name.

 

Ideally, he would marry you and then apply for a spouses visa. The UKBA would usually require him to make the application from his home country because of his overstay. The overstay in and of itself would not be grounds for refusal. If there were exceptional circumstances (eg that he is required to care for the child) though he could argue that he should be allowed to make his application from here. There would be only a very small chance that he would be successful and he would have to prove that these exceptional circumstances.

 

The issue of his passport needs to be resolved. He needs this (or a replacement) if he is to make an application to stay here. If he can get someone to send his passport to him from Pakistan then he should do this. Once he has his passport you should see an immigration solicitor and explain your situation to them. They may advise after seeing the specifics of his case and taking your instructions that he should apply for discretionary leave to remain on the basis that he has a child in the UK with you (a UK national) and needs leave to remain to provide care to the child. He would obviously have to come clean about his previous fraudulent application.

 

The difficulty is that he has attempted to secure asylum by deception using a fake passport. This is very serious and the UKBA reserve the right to curtail any leave to remain granted as a result of deception.

 

My advice would be to contact the UKBA in writing to establish whether or not he has been granted asylum. At the same time see if he can obtain his real passport from Pakistan. Once you have established this he should then take all his documentation to a local immigration solicitor asking for a fixed fee consultation about his possible application for leave to remain

 

If this is useful please kindly click accept so that I may be rewarded for my time. You will be free to ask follow up questions..

 

Kind regards,


Tom

Customer: replied 3 years ago.

ok thank you just tell me if he can bring his own passport from pakistan then we can married with that ,without he going to pakistan?

Expert:  Thomas replied 3 years ago.

Hi,

 

If he has his own passport from Pakistan then you could marry in a Anglican church without the need to apply for a certificate of approval from the UKBA.

 

They would then ask that he returns home to make the application for a spouses visa there normally. However, he may be able to argue exceptional circumstances apply in that he is required he to care for his son and that he should be permitted to make the application here.. This is complicated and he would need an immigration solicitor to do it for him.

 

Again though, the deception with his previous application could very much be an issue and I would strongly advise you not to marry before following the above instructions and then going to see an immigration solicitor once you have some answers.

 

Hope this clarifies, if so please click accept.

Kind regards,


Tom

Customer: replied 3 years ago.
thank you .i like to ask about human rights law under article 8 ,is this helpfull?
Expert:  Thomas replied 3 years ago.

Hi,

 

Please click accept, I will continue to answer your questions.

 

Kind regards,


Tom

Thomas, Solicitor
Satisfied Customers: 6660
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and 3 other UK Immigration Law Specialists are ready to help you
Expert:  Thomas replied 3 years ago.

Article 8 is helpful and you will be using this right in arguing for discretionary leave to remain should extend to your fiance and his right to remain here to care for his son. Article forms the basis of the application and that is why you will need a solicitor to argue it for you.

 

I have answered your question, please click accept now.

 

If you have further follow up answers I will answer free of charge.

 

Regards,


Tom

Customer: replied 3 years ago.

hi could you ell me about backdoor aminesty.lot of people they alow to stay sinse last year.

Expert:  Thomas replied 3 years ago.
THIS ANSWER IS LOCKED!
You can view this answer by clicking here to Register or Login and paying $3.
If you've already paid for this answer, simply Login.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
< Last | Next >
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
  • I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks! Ms. Baker Alfafar, Spain
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie USA
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
 
 
 

Meet The Experts:

 
 
 
  • Thomas

    Solicitor

    Satisfied Customers:

    1518
    BA (Hons), PgDip, Practising Solicitor
< Last | Next >
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    1518
    BA (Hons), PgDip, Practising Solicitor
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg INC's Avatar

    INC

    Solicitor-Advocate

    Satisfied Customers:

    793
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    782
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/AMARHAYAT/2009-12-11_31638_phpZxJuBB_c2PM.jpg A Hayat's Avatar

    A Hayat

    Immigration Solicitor

    Satisfied Customers:

    205
    13 years specialist skill in UK Immigration & Nationality Law
  • http://ww2.justanswer.com/uploads/paulrichmond1/2010-05-29_112318_PaulRichmond.jpg Paul Richmond's Avatar

    Paul Richmond

    Barrister

    Satisfied Customers:

    114
    LL.B (Hons) (First Class), LL.M (Distinction), Immigration Barrister (12 years)
  • http://ww2.justanswer.com/uploads/AW/AwanLegal/2011-6-16_113818_DSC00284.64x64.JPG Awan-Legal's Avatar

    Awan-Legal

    Solicitor

    Satisfied Customers:

    95
    Specialist in immigration law with the highest level of accreditation in this area and with many years experience.
  • http://ww2.justanswer.com/uploads/Topadvisor/2010-5-18_221239_Me.jpg John Knox's Avatar

    John Knox

    Solicitor

    Satisfied Customers:

    19
    solicitor with 8 years experience
 
 
 
Chat Now With A Solicitor
Thomas
Thomas
1811 Satisfied Customers
BA (Hons), PgDip, Practising Solicitor