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Alice H
Alice H, Solicitor/Partner
Category: Law
Satisfied Customers: 2847
Experience:  Partner in national law firm
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hello i just need an advice i got married in june,i submitted

Customer Question

hello i just need an advice i got married in june,i submitted my marriage application in december,and now my husband travel since january to hungary i have not heard from him since then,now the ukba have called us for interview what do i do now,,,i am plaining in withdrawing the application,i need a advice please
Submitted: 3 years ago.
Category: Law
Expert:  Alice H replied 3 years ago.
Hello and welcome to Just Answer.

My name is XXXXX XXXXX I'm happy to help with your question today.

Where exactly is your husband?
Customer: replied 3 years ago.

in hungary

Expert:  Alice H replied 3 years ago.
OK. I don't understand the problem. Why don't you ask him to attend the interview?
Customer: replied 3 years ago.

he travel and since then i havent heard from him,though we had issue before he traveled,and then till now i havent heard from him,and i dont know what to do

Expert:  Alice H replied 3 years ago.
OK.

You can withdraw your application but you will not get your fee back.

So basically you will lose the money.

You can ask UKBA if they will postpone the interview but without a very good reason they are unlikely to do this.

Only you can decide what to do with your application but it sounds like a waste of time proceeding if your husband has disappeared.

Alex
Alice H, Solicitor/Partner
Category: Law
Satisfied Customers: 2847
Experience: Partner in national law firm
Alice H and 2 other Law Specialists are ready to help you
Customer: replied 3 years ago.

ok thank you,and after i withdraw the application how long will it take for me to apply for another leave to remain in the the uk with my two children and what kind of application will i apply with my children they are 5years and 2years,and also will withdrawing the application affect my future application

Expert:  Alice H replied 3 years ago.
What permission do you presently have to stay in the UK?

Customer: replied 3 years ago.

i came in as a student visa but run out so i am a overstayer

Expert:  Alice H replied 3 years ago.
Where were your children born?

Where are your close relatives?

Is your partner/husband a British Citizen?

If so why did he leave?
Customer: replied 3 years ago.

the children where born in the uk


all my close relative are in america (USA)


the father of my kids is not british and is under immigration control

Expert:  Alice H replied 3 years ago.
Oh dear. This is a real problem.

What application did you recently submit?


Customer: replied 3 years ago.

the application i recently submitted was my marriage to EU citizen

Expert:  Alice H replied 3 years ago.
Hi.

As you already have an application pending you should pursue it. If you abandon the application you will find it difficult to pursue another application.

If the application is refused you should exhaust your appeal rights. If you are refused permission to stay there are other applications you could try.

You could make an application on the basis of human rights grounds e.g. right to family life in UK based on the fact that you have loved here for some time and have British born children.

If this is refused you could be given temporary permission to stay in the UK. This permission is called 'discretionary leave to remain'. How long you are allowed to stay will depend on your circumstances.

You will not be able to apply for permanent residence until you have lived in the UK for at least six years (or 10 years in some cases).

But I think you should pursue the application that is pending.

Alex
Customer: replied 3 years ago.

is seeking for asylum is not the best option,cause the pending application is really hard now cos my husband is no where to be found for him to attend the interview....

Expert:  Alice H replied 3 years ago.
Please remember to rate answers given so far. Happy to discuss further.
Customer: replied 3 years ago.

i ask before but no answer,I SAID WILL WITHDRAWING the application affect my future applications,and also i am here for 7years now,so what can i do,i need help before making another application should i apply for asylum

Expert:  Alice H replied 3 years ago.
On what basis do you wish to make an asylum claim?

What is your country of origin?

Why did you not make an asylum claim immediately upon arriving in the UK?
Customer: replied 3 years ago.

I DONT KNOW I AM JUST ASKING COS I DONT KNOW WHAT TO DO AT THE MOMENT


I AM FROM NIGERIA


COS I WAS LIVING WITH MY PARTNER BEFORE WE SEPERATED

Expert:  Alice H replied 3 years ago.
You are unlikely to have an asylum claim.

Even if you did you should have claimed asylum much sooner.

However you may have a human rights application as outlined in my previous answer.

As you already have an application pending you should pursue it. If you abandon the application you will find it difficult to pursue another application.

If the application is refused you should exhaust your appeal rights. If you are refused permission to stay there are other applications you could try.

You could make an application on the basis of human rights grounds e.g. right to family life in UK based on the fact that you have loved here for some time and have British born children.

If this is refused you could be given temporary permission to stay in the UK. This permission is called 'discretionary leave to remain'. How long you are allowed to stay will depend on your circumstances.

You will not be able to apply for permanent residence until you have lived in the UK for at least six years (or 10 years in some cases).

But I think you should pursue the application that is pending.

Alex
Customer: replied 3 years ago.

I DONT UNDERSTAND THE HUMAN RIGHT?


HOW DO I PURSUE MY PENDING APPLICATION WHEN MY HUSBAND IS NOT YET TO BE FOUND?


SO I SHOULD LEAVE THE APPLICATION FOR THEM TO DENY IT OR I SHOULD CANCEL THE APPLICATION?


PLEASE CAN YOU MAKE ME UNDERSTAND WHICH IS BEST FOR ME TO DO THANKS

Expert:  Alice H replied 3 years ago.
I have already explained your options in a very detailed answer above which you need to read carefully.
Customer: replied 3 years ago.

BUT YOU HAVENT ANSWER THE QUESTION I WANT TO KNOW


I SAID I SUBMITED THE APPLICATION AND MY HUSBAND TRAVELED WHEN WE HAD A ISSUE AND NO CONTACT FROM HIM SINCE THEN AND THE UKBA GAVE US AN APPOINTMENT FOR AN INTERVIEW,WHAT DO I DO? YOU SAID I SHOULD PURSUE THE PENDING APPLICATION HOW DO I DO THAT SHOULD I CANCEL IT?OR LEAVE IT FOR THE UKBA TO DENIED IT

Customer: replied 3 years ago.

hello

Customer: replied 3 years ago.
Relist: Incomplete answer.
I WANT TO KNOW EXACT THING TO DO.BASE ON THE ADVICER I WAS SPEAKING WITH THE ANSWER WASNT COMPLETE
Expert:  Jo C. replied 3 years ago.

I have read through the answers you've received. They seem to address your queries. I cannot think of anything to say that my colleague has not said

What else did you want to know?
Customer: replied 3 years ago.

FThank you.what i want to know is that the ukba call us for interview and my husband is no where to be found.so what i am asking


 


Should i cancel the application


Or let the ukba decide on that


And if ukba denies my application how long should i stay to apply another application

Expert:  Jo C. replied 3 years ago.
My colleague has answered that question. As he said above


'As you already have an application pending you should pursue it. If you abandon the application you will find it difficult to pursue another application'
Customer: replied 3 years ago.

that is why i am asking how do i pursue it.that is why i need legal advise my husband is not here with me and i dont know his contact.i dont understand how to pursue it....and i also ask if they deny the application how long will it yake for to make another application.that is what i want to know

Expert:  Jo C. replied 3 years ago.
Sorry but my colleague has covered that and I can add no more.

I will opt out for you to see if others can help.
Customer: replied 3 years ago.
Relist: Incomplete answer.
Customer: replied 3 years ago.
Relist: Incomplete answer.

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