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Thomas
Thomas, Lawyer
Category: UK Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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Am i qualified to claim asylum in the uk as a Nigerian with

Customer Question

Am i qualified to claim asylum in the uk as a Nigerian with a wife and a child but unable to go back to my country due to some family issues and at the same time I am tire of just staying in the UK doing nothing. Please help me as i am sick and tired of being stagnant. We lost our son on the 17th of April 2010 and since then live has been mistrable. we really need an urgent help
Submitted: 6 years ago.
Category: UK Law
Expert:  Thomas replied 6 years ago.

Hi,

 

Did you previously have an immigration status here (ie. a visa)? I note your wife had a student visa.

 

PLease do NOT click accept to this - it was intended as an info requestion only.

 

Kind regareds,

 

Tom

Customer: replied 6 years ago.
Yes i came to this country with a 6 months visiting visa in june 2006, I have renewed twice since then but presently have a 2 year visa that runs out on d 30th september 2010.

Thanks

Ola
Expert:  Thomas replied 6 years ago.

Hi Ola.

 

Thanks for your reply.

 

You can probably appeal the decision not to renew your wife's visitor's visa, citing the continuing coroner's case with your son, before the decision is made on your appeal she will have a right to remain (her visa in effect will continue until a decision is made.

 

In order to claim asylum and to be recognised as a refugee you must have left your own country and be unable to go back because you have a well-founded fear that you will be persucted on the grounds of your race, religion, nationality, policital opinion or membership of a polticial group. It is very difficult and fewer than 20% of people that apply are actually granted asylum.

 

If you wish to attempt to seek to claim asylum then you will have to the asylum screening unit in Croydon (south london) and make your appcliation there. The application process would then begin. You would also need to bring your dependnent with you that you wish to be part of the asylum application and you would also need to take:-

1. Your passports

2. Police Registration Certificate (if you have one)

3. Other identification documents (eg. identity cards, birth certificates)

4. Four separated passport photos of you and your dependents

5. Evidence of your accomodation

6.Any other supporting documenst you wish to include with your application (eg. statesments outling why you are in fear of being persucted.

 

The difficulty is that simply family problems usually fall short of a form of persuction and you would have to demostrate that you have a well founded fear that you would suffer perscution by your family. If you cannot do this then your asylum application is not likely to be successful I'm afraid

 

Once a case is started they aim to come to a decision within 6 months, so it could buy you some time but that may be all it does for you.

 

It's a hugely difficult situation and you have my sympathies.

 

 

Kind regards,

 

Tom

Expert:  Thomas replied 6 years ago.

Hi Ola.

 

Thanks for your reply.

 

You can probably appeal the decision not to renew your wife's visitor's visa, citing the continuing coroner's case with your son, before the decision is made on your appeal she will have a right to remain (her visa in effect will continue until a decision is made.

 

In order to claim asylum and to be recognised as a refugee you must have left your own country and be unable to go back because you have a well-founded fear that you will be persucted on the grounds of your race, religion, nationality, policital opinion or membership of a polticial group. It is very difficult and fewer than 20% of people that apply are actually granted asylum.

 

If you wish to attempt to seek to claim asylum then you will have to the asylum screening unit in Croydon (south london) and make your appcliation there. The application process would then begin. You would also need to bring your dependnent with you that you wish to be part of the asylum application and you would also need to take:-

1. Your passports

2. Police Registration Certificate (if you have one)

3. Other identification documents (eg. identity cards, birth certificates)

4. Four separated passport photos of you and your dependents

5. Evidence of your accomodation

6.Any other supporting documenst you wish to include with your application (eg. statesments outling why you are in fear of being persucted.

 

The difficulty is that simply family problems usually fall short of a form of persuction and you would have to demostrate that you have a well founded fear that you would suffer perscution by your family. If you cannot do this then your asylum application is not likely to be successful I'm afraid

 

Once a case is started they aim to come to a decision within 6 months, so it could buy you some time but that may be all it does for you.

 

It's a hugely difficult situation and you have my sympathies.

 

 

Kind regards,

 

Tom

Thomas and other UK Law Specialists are ready to help you
Customer: replied 6 years ago.
We really don't know how long the coroner's case will last and after the case we dont know if we go back to our country we will be allowed to visit our son,s grave whenever we want.

Please what do you advice as per going back to Nigeria because we are very broke now and there's no aid coming from anywhere.

Thanks

Ola
Expert:  Thomas replied 6 years ago.

Hi Ola,

 

You can either appeal the decision as to the renewal of visa, but if you are only on a visitor's visa then this does not solves you problem.

 

If you claim asylum then you will at least buy yourself some time here. If you are not successful in claiming asylum then you do at least have some breathing room to arrange your return home and possibly make a further application to return here under another visa.


Regrettably there is no easy or quick fix for your situation and I'm very sorry.

 

Kind regards,

 

Tom

Customer: replied 6 years ago.
Thanks a lot, I really appreciate your advice and will act on it.


Ola
Expert:  Thomas replied 6 years ago.

Good luck. Thank you for your kind accept, be strong but you have to accept you are in a very difficult situation.

 

Kind regards,

 

Tom

Customer: replied 6 years ago.
So what do you think is the best option for me as I honestly want to raise my daughter here and she,s just 20 months old today my wife's family will definitely not let us be together due to our issues between our families. Sorry for taking too much of your time i really need help at this juncture.

Thanks

Ola
Expert:  Thomas replied 6 years ago.

If you are not in genuine fear of persecution then I would not advise applying for asylum.

 

If the long term goal is to remain here permanently then I would hope that your wife wins her visa renewal on appeal. If she does not get it then she can return home and you can reconsider which visa to apply for in order come back.

 

You should not overstay your visa - if you do then you run the risk of prejudicing any future application you would make from your home country.

 

Tom