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Howard
Howard, Immigration Lawyer
Category: UK Immigration Law
Satisfied Customers: 459
Experience:  Senior Partner with nearly 20 years experience in UK Immigration Law.
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I have been granted asylum. A family member has just died

Resolved Question:

I have been granted asylum. A family member has just died and I would like to go home for the funeral. My asylum was granted on the basis of my sexual orientation - it would be difficult/dangerous for me to live in my home country. But that does not mean necessarily that it is dangerous for me to be there for a few days. If I go home for the funeral am I likely to have difficulties re-entering the UK?
Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  Howard replied 1 year ago.
I can understand your concerns but you should not have any problems entering the UK. Your asylum claim has been accepted and if you have the required visa or passport issued to you then the reasons for this should not be reconsidered every time you enter the UK.
Customer: replied 1 year ago.

 


It's just that I have been told in the past that if I were to voluntarily return to my country of origin (from which I've been granted asylum) then the asylum would be revoked. Is that not necessarily true? - i.e. Are circumstances like a family funeral an exception?

Expert:  Howard replied 1 year ago.
There should be a differentiation between returning to live and a brief visit based on exceptional circumstances. You might like to consider one point though - if you need to complete a residence period to obtain permanent residence or intend to apply for citizenship in due course then you might need to explain why you entered the country that was the basis for your asylum claim and you would then be relying on discretion from the Home Office - this might not be a situation you wish to create? Remember that asylum is granted on the basis on your fear of being in that country.

So I would tend to NOT advise travel to your home country, especially if asylum was only very recently granted - you could do so if it is that vital for you to attend but you should be aware that it could raise potential questions about how genuine your fear of returning to your home country was. Equally, if you had been here for many years after a successful asylum claim then the situation in your home country could change significantly and this should not of course be a reason for citizenship at that time to be revoked!

Apologies if the first answer was not clear or specific enough - please take this as the final answer and rate accordingly.
Howard, Immigration Lawyer
Satisfied Customers: 459
Experience: Senior Partner with nearly 20 years experience in UK Immigration Law.
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Howard
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Senior Partner with nearly 20 years experience in UK Immigration Law.