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UK_Lawyer
UK_Lawyer, Solicitor
Category: Law
Satisfied Customers: 2458
Experience:  I am a qualified solicitor and an expert in UK law.
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I am writing to ask if you can help me on this matter: I have

Customer Question

I am writing to ask if you can help me on this matter:
I have my boyfriend who is from Afghanistan but is a refugee in Austria and been there now for 6 months and would like him to join me here in the UK I am a UK resident, how do we go about doing this legally , he has a visa card which Austria has given him .So how do we go about this, I await your reply.
Submitted: 2 years ago.
Category: Law
Expert:  Nicola-mod replied 2 years ago.
Hello,
I've been working hard to find a 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
Expert:  UK_Lawyer replied 2 years ago.
Hi, thank you for your question, I will be happy to help you today.
Is it not possible for you to join him in Austria?
Kind regards
Customer: replied 2 years ago.

Hi I can't join him at themoment as I have a very ill mother and as a only child don't want to leave her. Can he transfer from Austria if someone here in the UK is prepared to fund his stay till he can legally stay. I await your reply

Expert:  UK_Lawyer replied 2 years ago.
Thank you for your reply.
Unfortunately, not this is because he is applying for a refugee status and as a refugee, he is not able to choose his place of residence, rather he applies for asylum in a country which he lands. In this case as he traveled to Austria, he would need to ensure that he is granted refugee status before he travels to any other country. He would not be able to now state I want to go to the UK and claim asylum there as the UK would state that if he was a genuine asylum seeker he would have continued with his case in Austria.
It is therefore in his interest to remain in Austria and process is asylum application, once this has been granted he can then travel to another country. Until then he is unable to choose where he wishes to claim asylum and remain.
I hope this answers your question if however you feel that the answer does not cover all the points raised in your question please do not hesitate to ask further questions until you are satisfied with my answer.
Kind regards
UK_Lawyer, Solicitor
Category: Law
Satisfied Customers: 2458
Experience: I am a qualified solicitor and an expert in UK law.
UK_Lawyer and other Law Specialists are ready to help you
Customer: replied 2 years ago.

How long do it normally take to get refugee /asylum ? After he gets this how long would he be able to trave?

Expert:  UK_Lawyer replied 2 years ago.
Thank you for your reply.
Usually around 1-2 years depending on the country. After they get the status, they are usually able to travel straight way, but again each country is different.
Kind regards
Customer: replied 2 years ago.

If we desided to get married in Austria would this help our situation. As now not sure what to do for the best as Nek is waiting for interview and he not knowing when it will be . Also been told to alpy l for a visa I just need to be advised which is the best and legal way to do this as now he's getting upset and thinks that we not be together. I have just returned from Austria last weekend and he is really getting fed up with the situation that nothing is happening and we don't know which to to please advise us. Geraldine

Expert:  UK_Lawyer replied 2 years ago.
Thank you for your reply.
The fact is that he is applied for asylum and if you get married then he would need to apply for a spouse visa to join you in the UK. Unfortunately I am not aware of the Austrian requirement for marriage, but if you are earning over £18,600 gross and have been in employment for 6 continuous months then this would mean you will be able to apply for a spouse visa for him.
I hope this clarifies the matter.
Kind regards
Customer: replied 2 years ago.

Do my boyfriend need to pass any language courses to come to England as he is from Afghanistan he's English is better now since we been together, as he is in Austria he has to do german courses. I am due to go to Austria in about 1 week and we are finding out how we can get married there but not sure if or what other paperwork we need to get for UK immigration. I also plan to go back for a 2 week stay in July. Thanks Geraldine

Expert:  UK_Lawyer replied 2 years ago.
Thank you for your reply.
Yes he would need to pass an English language A1 LEVEL test, this is because of his nationality it does not matter where he is in the world it depends on what nationality it is.
Hope this helps.
Kind regards

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