UK Immigration Law
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What status does your boyfriend have in the UK?
What would you like to know?
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?
Are you or do you plan to be married?
Sorry, just to be clear.
He was married. He is now divorced.
Are you now to marry him?
Where is his passport, is it with the UKBA?
HE CAME WITH FAKE PASSPORT HE CLAIM ASYLEM WITH HIS REAL NAME..
Did he have his real passport with him though?
If so please state where this is.
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?
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
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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?
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.
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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.
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hi could you ell me about backdoor aminesty.lot of people they alow to stay sinse last year.
I believe you are referring to a number of asylum cases on which the UKBA had lost details and therefore wrote off and allowed. Those persons were granted asylum in this country at that piont.
You should check with the UKBA but I should think it doubtful on the basis that he tried to obtian asylum on the basis of deception (false passport).Kind regards,
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