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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Immigration Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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i am an asylum seeker who has been living here for 18 month

Resolved Question:

i am an asylum seeker who has been living here for 18 month . my application got refused within 1 month of entering the uk , i am supposed to be signing at the police station every week which i have not specially i dont trust the immigration decesions any more .
i am lebanese national who has brothers of british nationality.
i am dating a latvian girl who i like and planning to marry.
now is there any restrictions on latvians marrying to asylum seekers?
do i need permession from the home office ?
can i still be granted 5 years visa if my wife is on housing benefit or statebenifit will that affect my application?what documents do i need to show the register office specially i dont have passport where do i need to start many thanks
Submitted: 2 years ago.
Category: Immigration Law
Expert:  UKSolicitorJA replied 2 years ago.
Hello,

How long has your fiancée lived in the UK and is she a permanent resident?
Customer: replied 2 years ago.

hello,

she's been here for more than 4 years now, she's permanently staying in here, she first studied at the college then worked for like 9 weeks, she doesn't have any p60 however she has p45 not sure if that helps, she has a 4 years old son who holds the british passport, she has certificates from her school and doctor papers that should prove that she's permanently living here, at the moment she's on child benefit as she's not working at the moment! she lives in scotland/aberdeenshire at the moment and planning to move to city in the midland where the rent is very high so in the beginning she is in need for state benefit to settle , will that effect my application or delay , bare in mind that i don't have work permit to support my self and her at the beginning

Expert:  UKSolicitorJA replied 2 years ago.
Thank you.

To answer your questions

Latvians are free to marry asylum seekers provided the marriage is genuine

You do not need permission to marry from the Home Office, you may wish to consider marrying in Scotland

She needs to be exercising treaty rights I.e. Should be working, studying or be self sufficient, unless she has permanent residency which she would have after being here for 5 years.

So, it would be advisable for her to apply for a permanent residency card first to help your case, see here

https://www.gov.uk/eea-registration-certificate

Hope this Helps
Customer: replied 2 years ago.

can you kindly tell me what difference will it make to her to have a residency permit ?


will that change any of our circumstances or our right to marry while she is on state benefit ?


how long does she need to be working inorder for me to qualify to launch an application and how much income does she needs to be on ?


please advise more details


do i need to close my asylum status or is the marriage dealt in different immigration department other than my asylum office ?


what about missing to sign at the police station will that be a risk to be arrested from the register office ?i dont have passport to show the register office will they accept my asylum id or do i need to apply for new passport.


many thanks

Expert:  Nicola-mod replied 2 years ago.
Hello,

It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new professional to assist you with your question, but sometimes finding the right professional can take a little longer than expected.

I wonder whether you're OK with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Nicola
Customer: replied 2 years ago.

i am still waiting your reply


 


many thanks

Expert:  Nicola-mod replied 2 years ago.
Hello,

We will continue to look for a Professional to assist you.

Thank you for your patience,
Nicola
Expert:  UKSolicitorJA replied 2 years ago.
Hello again,

I will try and assist you further although I had opted out previously. In response to your further queries:

can you kindly tell me what difference will it make to her to have a residency permit ?


She will be in a stronger position to sponsor you for residency under EEA regulations and once she has Permanent Resindency( PR), she does not need to be exercising treaty rights in the UK.


will that change any of our circumstances or our right to marry while she is on state benefit ?

 

If she is on state benefit, she is not deemed to be exercising treaty rights and therefore not eligible to sponsor you.


how long does she need to be working inorder for me to qualify to launch an application and how much income does she needs to be on ?

 

No rminimum requirements for income etc, as long as she is working i.e. exercising treaty rights, you may lodge your application. Remember she is only entitled to reside in the UK longer than 3 months if she is exercising treaty rights i.e. working, studying or being self sufficient (paying for her upkeep without help from the state). Once she gets PR, she is free to do whatever she wants and can claim state benefits and still sponsor you.


 


do i need to close my asylum status or is the marriage dealt in different immigration department other than my asylum office ?

 

You will be asked to close your asylum case if you lodge an EEA2 application for a Residence Card as you cannot have 2 or more applications pending at the same time.


what about missing to sign at the police station will that be a risk to be arrested from the register office ?i dont have passport to show the register office will they accept my asylum id or do i need to apply for new passport.

 

You need to check with the Registry what they will accept as they may be flexible. As you are not reporting to the Police Station, there is a risk that the Registry may tip off the authorities about your proposed marriage and you may be arrested and detained at the Registry.

 

As you can see, your case is complicated and you should appoint an immigration solicitor to assist you with your applications to the Home Office, this is a Question and Answer site.

 

All the best and please leave feedback

 

 

 

 

UKSolicitorJA, Solicitor
Category: Immigration Law
Satisfied Customers: 4312
Experience: English solicitor with over 12 years experience
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