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UK_Lawyer
UK_Lawyer, Solicitor
Category: UK Immigration Law
Satisfied Customers: 2151
Experience:  I am a qualified solicitor and an expert in UK law.
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If someone entered the UK as an asylum seeker and after ten

Resolved Question:

If someone entered the UK as an asylum seeker, made an application to remain in the UK but  after ten years heard that their application to remain was turned down, can they still be considered to have been in the country legally for those ten years that have passed?

Submitted: 10 months ago.
Category: UK Immigration Law
Expert:  UK_Lawyer replied 10 months ago.
Hi, thank you for your question. Please remember to rate my service so I am credited for my time.

The only way someone can have been legally in the UK for the duration of time their application is pending is if they had permission to remain in the UK prior to submitting the application or were subsequently given permission to remain in the UK while you were in the UK and your application was pending, such as a travel document etc.

If you were not given any permission to remain in then you would not be deemed to have been legally resident in the UK for the duration of your asylum application.

I hope this answers your question if so kindly rate my answer positively so I can get credited for my time. If however you feel that the answer does not cover all the points raised in your question please DO NOT rate my answer negatively I will be happy to answer further question until you are satisfied with my answer.

Kind regards
UK_Lawyer, Solicitor
Satisfied Customers: 2151
Experience: I am a qualified solicitor and an expert in UK law.
UK_Lawyer and 5 other UK Immigration Law Specialists are ready to help you
Customer: replied 10 months ago.

Ok, I am asking for a third party so I do not have all the details right now. I know they were given a laminated card with their photo on it and their asylum status written on it. I myself saw it. They want to know if they could now apply to remain on the basis that they have been in the country for 10 years. Is there a way?


 

Expert:  UK_Lawyer replied 10 months ago.
Thank you for your reply.

Unfortunately not, if they were given a card, then this was only for the duration until their application was decided. What the card did was confirm that they were in the UK and their asylum application was pending but not giving them a right to accrue the length of stay to eventually be given permission to remain in the UK on an indefinite period. In this case what would have need to have happened was that they must have had previous permission to remain in the UK. If they had permission to remain in the UK legally prior to their application then their permission would have extended under paragraph 3C of the immigration rules, as this was not the case then they are unable to apply on the basis of 10 year long residency.

Their other option is to apply for leave to remain on a discretionary basis, they could apply using form FLR O and stating reasons in the application for why they feel that they should be given some permission to remain in the UK. They could also apply for a judicial review and get the decision reconsidered by the High court, IF no right of appeal has been given.

I am somewhat surprised that an asylum case has taken so long to decided, but even though if they believe that their case was genuine at the time of application then there is nothing preventing them form appealing the case of if not right of appeal is give to going down the judicial review route and getting the High Court to review the decision of the home office.

If they have had children in the UK and they have lived her for 10 years then the children will be given British Citizenship, if they had children at the time they arrived to the UK and they are under the age of 18 and have spent more than 7 years in the UK then they would also be given permission to remain in the UK. If they do have children in the UK and they can firstly obtain permission for the children to remain in the UK and then apply for leave to remain on the basis that their child have permission to remain in the UK.

It is a very complicated situation and would advise that they consult a solicitor to review their document and give them a more in depth analysis of their issues and options.

I hope this answers your question if so kindly rate my answer positively so I can get credited for my time. If however you feel that the answer does not cover all the points raised in your question please DO NOT rate my answer negatively I will be happy to answer further question until you are satisfied with my answer.


Kind regards
UK_Lawyer, Solicitor
Satisfied Customers: 2151
Experience: I am a qualified solicitor and an expert in UK law.
UK_Lawyer and 5 other UK Immigration Law Specialists are ready to help you
Customer: replied 10 months ago.

Thank you, XXXXX XXXXX helpful.


 


If they remained in the country another 4 years would they qualify under Human Rights to remain?


 


They claim no benefits, work hard, and want to pay taxes.


 


They have no children but they want to start a family.


 


 

Expert:  UK_Lawyer replied 10 months ago.
Thank you for your question.

Unfortunately as of 9th July 2012 they have increased the time limit for applicant's human rights to be considered from 14 to 20 years. Unless they are 25 or under and have spent more than half their lives in the uk or under the age of 18 and have spent 7 years in the uk.

Applications on the basis of human rights have become increasingly difficult to apply under unless there are children involved. In this case I would suggest that they either appeal the refusal or judicially review the decision. They can apply for discretionary leave to remain in the uk on the basis of human rights, but as the time has been increased to 20 years there is a low prospect of their application being successful.

Unfortunately due their current circumstances their options are limited.

I hope this answers your question.

Kind regards
UK_Lawyer, Solicitor
Satisfied Customers: 2151
Experience: I am a qualified solicitor and an expert in UK law.
UK_Lawyer and 5 other UK Immigration Law Specialists are ready to help you

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