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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7569
Experience:  UK Lawyer holding practising certficate for England & Wales.
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I m mona I am on student visa in uk and my husband is illegal

Resolved Question:

Hi I m mona I am on student visa in uk and my husband is illegal here and we want to apply for asylum ,I have a few question
1 how we get an asylum?
2 is their any chance of deportation after apply for asylum?
3 how much time a asylum take to be successful?
4 which things help us for successful asylum?
5 what is the gurranty they'll never deport us when we went to apply asylum during scraning?
Submitted: 1 year ago.
Category: Immigration Law
Customer: replied 1 year ago.
Illegal mean overstayer
Expert:  Thomas replied 1 year ago.
Hi
Thanks for your patience .
Why do you consider there will be a genuine risk of persecution if you were to return to your home country?
Kind regards
Tom
Customer: replied 1 year ago.
Because my in laws are not happy with our marriage,may be they separate us.
Expert:  Thomas replied 1 year ago.
Hi,
Thanks. Do you mean that you want to apply for asylum because your parents in your home country may try to separate you if you return?
Tom
Customer: replied 1 year ago.
Yes and our lives may be in danger because they were very strict
Expert:  Thomas replied 1 year ago.
Hi
Thank you for your question and patience, I’m Tom and I’ll try to help you.
Claiming Asylum is very difficult. In practice only 19 of 100 applications are actually accepted.
In order to claim asylum you must show that you have a well founded fear of persecution because of:-
 race;
 religion;
 nationality;
 political opinion; or
So, if you applied on the basis that your parents would try to split you and your husband up because they do not like your married then this would be rejected by the home office. This is because your marriage does not place you in one of the above groups and your parents potentially doing you ill is not really persecution but more a threat of a crime.
Therefore, an application on this basis would not be wise and would put you at risk of being deported.
If you consider that you would suffer persecution from other groups in your home country because of your race/religion/nationality/political opinion then it would be possible to apply, but it must be a genuine membership of one of those groups (ie race/religion/nationality/political opinion) and you must be able to show that others of the same group have suffered persecution in your home country.
A legitimate asylum claim takes a long time (eg 6-12 months), but a claim that is not genuine is generally rejected quite quickly (eg 2-3 months). However, you would not be deported whilst a claim was being decided.
My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.
Kind regards,
Tom
Customer: replied 1 year ago.
My husband came here in 2011 on visitor visa and he is still here ,is this thing help us in getting asylum
Expert:  Thomas replied 1 year ago.
Hi,
No, the fact a person has already here is not really relevant to an asylum claim. For asylum, a person is either at risk of suffering persecution in their home country or they are not - that they may have been in the UK for a period of time is immaterial.
Tom
Customer: replied 1 year ago.
I am pregnent also my baby may be taken from me in my home country
Expert:  Thomas replied 1 year ago.
Hi,
Why would your baby be taken? By who?
Tom
Customer: replied 1 year ago.
My in laws may be takes my baby there
Customer: replied 1 year ago.
When will the deport decision being made after rejected asylum?
Expert:  Thomas replied 1 year ago.
Hi,
No, this would still not form the basis of an asylum claim because it is a private risk of a crime by your parents - it's not persecution because of your membership of a group (ie race/religion/nationality/political opinion).
The risk of your parents interfering with your marriage/your child is a matter for your home country's police, so an asylum application would be rejected for this reason.
If rejected for asylum, you may find deportation proceedings are commenced reasonably quickly (ie. less than 3 months) but it can occasionally take longer.
Tom
Customer: replied 1 year ago.
Can a person on student visa apply for asylum?and what about overstayer?
Expert:  Thomas replied 1 year ago.
Both can apply if it is a genuine claim..
Tom
Customer: replied 1 year ago.
Can I apply asylum on the basis of human rights?
Customer: replied 1 year ago.
What about overstayer is he deport soon because he is overstayer?
Expert:  Thomas replied 1 year ago.
Not on the basis of the problems with your parents, no, I am sorry.
If your husband detained by the home office then it's possible/probable they will attempt to deport him, yes.
Tom
Customer: replied 1 year ago.
Detained when before or after applying asylum? And what about me
Expert:  Thomas replied 1 year ago.
He will only be detained if they catch up with him. If he applies for asylum then there is a possibility that he will be detained until the asylum case is decided.
You are okay because you have leave to remain.
Customer: replied 1 year ago.
I am still waiting
Expert:  Thomas replied 1 year ago.
He will only be detained if they catch up with him. If he applies for asylum then there is a possibility that he will be detained until the asylum case is decided.
You are okay because you have leave to remain.
Customer: replied 1 year ago.
When we went to apply asylum will they detained him on same time or after decision ?
Expert:  Thomas replied 1 year ago.
Basically, it depends on how they view the case.
If the case is genuine and complicated for the home office they will generally not detain an overstayer, but they will require them to sign in each week.
If the case appears to the home office to be uncomplicated then they can fast-track the case and would generally detain an overstayer because it's a sign that they consider they will be able to reject it quickly
Customer: replied 1 year ago.
But we are family usually they send letter before this happen
Expert:  Thomas replied 1 year ago.
You would receive your letter at the time he was detained (if this is what happens)
I really cannot stress how important it is that your asylum claim must be genuine, if it is not genuine then you really are better off not applying.
I have now answered your original question, I would be grateful if you would leave feedback.
Tom
Customer: replied 1 year ago.
Last one is that when me and my husband went for screening will they stop us their when they know he is overstayer?or they have no right to stop us
Expert:  Thomas replied 1 year ago.
Yes, it's possible they might detain him at screening before deciding whether or not to fast-track the claim. If they did not fast-track it after then they would probably release him and get him to sign in. Please remember to leave feedback.
Expert:  Thomas replied 1 year ago.
Hi
Is there any further information you require?
I just want to ensure that you are satisfied, so please let me know if you have any further queries on the information I have provided. If you have no further questions then please do leave feedback.
Kind regards,
Tom
Customer: replied 1 year ago.
Hi one more question if we apply for asylum when we both are overstayed what will happen are they detained both of us?
Expert:  Thomas replied 1 year ago.
Hi, It would be the same position - if they decided to fast track you then you would be detained. If they did not then you would likely be released and required to sign in each weekTom
Customer: replied 1 year ago.
Fast track mean and what it's relation with detention?
Expert:  Thomas replied 1 year ago.
I have explained this above.
If the home office considers that the application is uncomplicated then they will fast track it and usually detain you. It means they will decide your asylum application quicker if they fast track you. It's generally a sign that they will reject the application.
Tom
Customer: replied 1 year ago.
Their is also an option of appeal
Expert:  Thomas replied 1 year ago.
Yes.
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7569
Experience: UK Lawyer holding practising certficate for England & Wales.
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