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Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7602
Experience:  BA (Hons), PgDip, Practising Solicitor
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will they ask me y i m claiming asylum late ...what i should

Resolved Question:

will they ask me y i m claiming asylum late ...what i should anwser ...will it effect
Submitted: 5 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 5 years ago.

Thanks for requesting me.

It’s not helpful, but it’s not necessarily a bar to your applying either. It is not unforeseeable that a person should consider that coming on another form of visa like the one you did is an easier way out of your predicament than it is to apply for asylum.

You can argue that you have exhausted the available means to get yourself out of Pakistan by applying for and obtaining your student visa, but that now you are certain that this is not on option for you and that you are faced with the prospect of either returning to country where your group (ie. homosexuals) is persecuted or claiming asylum. It does (in and of itself) not make the fact that you are in fear of persecution upon your return untrue but it does mean that you will have to explain it.

Your explanantion was that your route to a safer environment was by a study visa and that you genuinely intended to comply with the conditions of the visa (ie. to study) but that you have now realised that this is not for you.

IT may make them initially doubtful of the application, but you are either in fear or you are not and if you can produce enough documentary evidence that homosexuals are persecuted for being homosexuals in Pakistan then you still have a chance of a successful asylum claim.

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If you wish for me to provide you with specific guidance on making a spouse visa application (eligibility criteria, documentation etc) then please submit a further question to the board requesting me either by my profile or by marking your question. “FAO Tom”.

Kind regards,

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