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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7509
Experience:  BA (Hons), PgDip, Practising Solicitor
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if you are given 3yrs limited leave to remain(discretionary

Resolved Question:

if you are given 3yrs limited leave to remain(discretionary leave outside immigration rules) in uk when you applied for asylum,can you go back to your country of orgin?won't affect your application?
Submitted: 5 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 5 years ago.

Hi,

 

You have obtained limited leave to remain on the basis of having claimed asylum. You wish to return to your home country for a visitor. You intend to apply for further leave to remain on the basis of asylum,.

 

IS this correct?


Tom

Customer: replied 5 years ago.
yes
Expert:  Thomas replied 5 years ago.
Hi,

Thanks for your reply.

At the end of your current leave to remain you would have to apply for Further Leave To Remain on the basis of you continuing asylum from your country.

If during the leave to remain that you presently have you return to your home country and then return to the UK you are effectively saying that your country is safe to return to. If your country is safe to return to then you have no claim for asylum. The trip would be viewed as an admission by the UKBA that the persecution that you had earlier claimed had resulted in your asylum claim no longer exists and they would reject your application for FLR.

If you go back to your home country for any length of time you would seriously prejudice your chances of applying for FLR when your current leave to remain expires. The country is either safe for you or it isn’t and this is the way the UKBA would view it.

Sorry it could not be better news.

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Kind regards,


Tom
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Customer: replied 5 years ago.
i ve been here 15yrs, still will it affect my application for ILR
Expert:  Thomas replied 5 years ago.
Hi,

It could do, you must observe the conditions of your leave to remain. This means that there must continue to be a well founded fear of suffering persecution so I would avoid going back until such time as you have obtained ILR.

Tom
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