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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7602
Experience:  BA (Hons), PgDip, Practising Solicitor
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marrying an asylum

Resolved Question:

i am a british citizen and want to marry a asylum seeker after the marriage what will happen to my partners status?


will he get his status through me? and if yes, what kind of residentcy will he get? will he be able to travel to the country that he came from and claimed asylum?

Submitted: 5 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 5 years ago.
Hi
Thanks for your question.
To enable me to answer your question could you please respond to the following using the same numbering:-
1. How long have you been in a relationship with your fiancé please
2. What is the current status of the asylum applications

Kind regards.
Tom

Customer: replied 5 years ago.

i have been with my partner for over 2 years now

his current status is that he has been refused, but he has found a new solicitor and is accepting his case, and waiting to get new evidence to make a fresh claim

 

but considering that he has been refused and whats to marry

what will happen to his status

Expert:  Thomas replied 5 years ago.
Hi,

Thanks for your reply.

His status would not be regularised simply by being married to you. He would have to make an application to the UKBA to switch to Further Leave To Remain on the basis of marriage to a UK national (ie. a spouse visa).

If he is/was to put in a new asylum application then he could argue that it would be unreasonable of the UKBA to expect him to return to his country of origin to make the application because he is fearful of persecution, thought they would dispute this on the basis that they have rejected his earlier asylum claim he should be successful provided he instructs a solicitor to prepare the application for him.

If successful he would be granted sufficient leave to remain to reach the two year period in order for him to apply for indefinite leave to remain in the UK.

You can marry here simply by confirming your idenitities and proofs of address to the local registrar. I would see a solicitor about preparing the application before you marry though.

if you wish for my to confirm the eligibility criteria and general supporting documents required for a successful spouse visa application please submit a further question to the board requesting me via my profile and marking your questions “FAO. Tom”

If this has been useful please kindly click accept so that I may be rewarded for my time. If you do not click accept your money stays with the site and I do not receive any credit for the time I have taken to answer your question. You will not be charged any further money for clicking accept.


Kind regards,


Tom
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