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UK_Lawyer
UK_Lawyer, Solicitor
Category: Law
Satisfied Customers: 2452
Experience:  I am a qualified solicitor and an expert in UK law.
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hi my name is XXXXX XXXXX i am fom india in uk last 8 and haif

Customer Question

hi my name is XXXXX XXXXX i am fom india in uk last 8 and haif yers i came hare as visitor visa 2005 i apply domestic helper visa fast time 2007 that refuse than i apply humanrights 2009 tha also refuse i have with my partner in india far domestic volince problem base i apply human rights at that time i dont have any application and i have boy friend he is muslim i am sikh woman i want to marry him but scared to go register office far marry i dont have any status and dont have any application in home offiec thay might be send me back ,i want to do assylum and explain i am relatioship with pakistani muslim guy and i affaird to go india can that good far me second when i apply assylum thay dont keep me thare i am scared and if i do assylum can i do that marry with my boy friends and how maney days permisson thay allowed me to stay this country after asylum that man is british working age about 55 and i am 40

Submitted: 2 years ago.
Category: Law
Expert:  UK_Lawyer replied 2 years ago.
Hi, thank you for your question.

how long have you been living with your partner?
What are is earnings? Does he earn more than 18600 gross?

Kind regards
Customer: replied 2 years ago.

not long last six month but we no each other 2 yers i allways feal scared because of diffrent reliogn he is cab driver i thing he earn 400 week


 

Expert:  UK_Lawyer replied 2 years ago.
Thank you for your reply.

Unfortunately your options are limited, I would have suggested that you apply for an unmarried partners visa but you need to have been living together for 2 years to be able to meet the requirements of the visa and your partner needs to be earning at least £18,600 gross per year.

If your asylum applications have failed and there is no way that you feel you are able to return home. The your only other option is to apply for discretionary leave to remain in the UK. This application is for applicants whom do not meet the requirements of the rules but there are other reasons why they feel they should be granted permission to remain in the UK.

I therefore suggest that if you are unable to marry in the UK then you apply for discreatinary leave to remain in the UK and provide all the documents regarding your relationship with your partner ie photos, letters in your name or his name going to the same address, evidence of how you feel you will be treated if sent back to your home country.

The home office with then look at this a make a decision. The form you need to fill in is form FLR O, please see the following link:

http://www.ukba.homeoffice.gov.uk/visas-immigration/working/othercategories/domesticworkers/extending/

I know it mentions domestic workers but the form is relevant to you.

I hope this answers your question if so kindly rate my answer positively so I can get credited for my time. If however you feel that the answer does not cover all the points raised in your question please DO NOT rate my answer negatively I will be happy to answer further question until you are satisfied with my answer.

Kind regards
Customer: replied 2 years ago.

if i apply assylum than what happen i need to go in person i can apply through solicitor if my partner income 18600 can i marry with him when i apply assylum how maney days thay give me stay this country with in that period i can marry


 

Expert:  UK_Lawyer replied 2 years ago.
Thank your your reply.

Yes if you apply for asylum you will need to go in person, but you may be better off applying for discreationary leave to remain as your asylum applications have already been refused.

If you get permission to marry your partner in the UK then yes he must be earning at least 18600 in the UK before you can apply for a spouse visa. If you get granted asylum then you can marry in the UK. However by just submitting an application for asylum, this will not give you a right to marry your partner in the UK.

I hope this answers your question if so kindly rate my answer positively so I can get credited for my time. If however you feel that the answer does not cover all the points raised in your question please DO NOT rate my answer negatively I will be happy to answer further question until you are satisfied with my answer.

Kind regards
Customer: replied 2 years ago.

hi i never assylum before i apply through the lawyer humanrighs base out of emegration rules my lawyer sad that how maney chance have if i apply assylum and start to stay with my partner to get visa what is detension leave what that means and how maney chance have if i apply that

Expert:  UK_Lawyer replied 2 years ago.
Thank you for your reply.

If you have already submitted an application outside of the immigration rules that would probably the discretionary leave to remain application. If you have already applied for asylum then your chances of getting asylum in the UK are very low.

The fact that you are an overstayer then any application that you make is very difficult for your to get any visa, that is why you have to make an application for discretionary leave to remain ie outside the immigration leave, so there maybe a chance you may get this granted.

I hope this answers your question.

Kind regards
Customer: replied 2 years ago.
But u sad I allready apply detersion leave can I apply again I sad
My lawyer apply human right application out of immigration law
Is that same application I sad I never apply assylum any other chance to get visa V
Expert:  UK_Lawyer replied 2 years ago.
Thank you for your reply.

There is nothing preventing you applying again for discretionary leave to remain in the UK but if you will not be submitting any new evidence then it would not be worth doing so.

In respect of an asylum application I would suggest that these are very difficult to obtain and in your case i believe that the chances of getting asylum are low.

I hope this answers your question if so kindly rate my answer positively so I can get credited for my time. If however you feel that the answer does not cover all the points raised in your question please DO NOT rate my answer negatively I will be happy to answer further question until you are satisfied with my answer.

Kind regards
Customer: replied 2 years ago.

so that means i dont not apply anything its not woth it because i am over stayer any case if i go back india my spouse sponser me can i get it visa aur not thare any chance

Expert:  UK_Lawyer replied 2 years ago.
Kindly rate my answer positively and I will be happy to answer further questions.

Kind regards
Expert:  UK_Lawyer replied 2 years ago.
Thank you for your reply.

I believe that because you are an overstayer there is less chance of you being granted a visa in the uk.

If you do return home and apply for a spouse visa there is a chance that you will be granted a spouse visa, you just need to ask the home office when you contact them that they do not ban you from applying etc this is something you need to get in touch with the home office with.

I believe if you return home you will have a better chance of getting a spouse visa.

I hope this answers your question.

Kind regards

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