How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask frantzgregory Your Own Question
frantzgregory, Lawyer
Category: Immigration Law
Satisfied Customers: 964
Experience:  Over 5 years dealing with EEA Law, Nationality, Immigration and Asylum Law.
Type Your Immigration Law Question Here...
frantzgregory is online now

To whom this may concern, I am trying to find out some

This answer was rated:

To whom this may concern,I am trying to find out some information for a friend.Currently he is illegal in the UK, he is 24 years old. He came into the UK around 6 years ago due to on-going problems back home in Albania where he fears that going back would be a danger to his life. Yesterday he was arrested by the police in his local area on suspicion of selling drugs. However, I am unaware as to the full story but they have sent him to a detention camp in order to return him back to Albania. Is there anything that he can do in order to claim asylum here before they return him to Albania due to the amount of years he has been here, his fear of life back home in Albania and the situation?I look forward to hearing from you as soon as possible.

Hi, welcome to JustAnswer. My name is*****’m a barrister with 12 years of experience and I am happy to help with your question today.

An asylum claim has to be made now upon entry to the UK. It was one of the amendments of the Blair Government.

I'm afraid this was exactly what the whole amendment was designed to address.

If he isn't being prosecuted for PWITs though and instead is being deported then overall that is a good deal.

i'm very sorry but that is the law now.

Can I clarify anything for you?


Customer: replied 6 months ago.
Dear Jo,Thank you for your speedy response, so there is no way he can claim for Asylum now? But what would he have to do in regard to fearing of returning back to his home country?
Thank you

I am sorry but he should have claimed asylum when he arrived.

The amendments were to address this situation.

At this stage, he cannot.

Customer: replied 6 months ago.
Okay, is there anything that he can do considering the amount of time he has been here or?

Not if he is here illegally.

I don't know whether there is a human rights claim but then he would have to have family here and probably it would fail.

Customer: replied 6 months ago.
Okay Jo, thank you for your responses appreciated. Is it possible to ask something else not in relation to this? Or would I have to redo the whole question etc and perhaps be connected to someone else?

I will help if I can.

im happy to continue but please rate my answer.

Customer: replied 6 months ago.
Okay, thank you.Of course I will give you a rating.So, I am engaged with my partner we’ve been together 6 months and we’re both Albanian but he is here illegally and I am a British Citizen. He’s been here for 5 years nearly, and entered illegally. He also has other family here. We’re currently looking to move in together. We were wondering what are the steps we could take in order for him to not return to Albania. It is a legitimate relationship and has been done traditionally through parents due to our culture etc.Thank you!
I've been working hard to find another 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!
Customer: replied 6 months ago.
Hello, yes that’s fine I am happy to wait.Thank you for contacting me to let me know.
We will continue to look for a Professional to assist you.
Thank you for your patience,

Hello. My name is*****’m a specialist Immigration lawyer with many years of experience in Immigration and Asylum law.

Just to clarify that a claim for asylum must be made in person and as soon as possible.

There is no requirement that a claim must be made upon entry to the UK otherwise you are "barred" so to speak. An application can be made at any time after you arrive in the UK. However, your application is more likely to be denied if you wait.

Whether you have a recognisable human rights claim will depend on how embedded your private and family life is in the UK.

Customer: replied 6 months ago.
Hello,Is this the response in regard to me and my fiancé?

Each person per claim. You cannot have a joint claim. Is that what you mean?

You have indicated you have a fiance. Can you provide a bit more background about your relationship.

Customer: replied 6 months ago.
we have been together for 6 months and recently gotten engaged and intend of moving in together. We met through a mutual friend, and he met my family as it’s traditional in our culture. Only problem is he’s here illegally, but we want to see what can be done without him having to return to Albania as I also have two elderly parents with many medical problems so this makes things difficult too. He’s also Alban***** *****ke me but I’m a British Citizen I’ve been here 19 years now - he’s been here 5.

OK with regard to your family and private life, your relationship is nascent and would not meet the threshold for two reasons.

1. Your relationship and engagement is in knowledge that your partner is an illegal immigrant so the Home Office is more likely to allege a marriage of convenience.

2. Your relationship is only 6 months old and he has not been in the UK for at least 20 years.

How old is your partner? Do you have children together?

Customer: replied 6 months ago.
He’s 31 years old and we’re currently trying at the moment to conceive.

Ok thank you for the information.

If you have any follow up questions, I'm here to help and happy to respond. If you feel I've given you a 5-star service, please rate me 5-stars at the top of the page.

frantzgregory, Lawyer
Category: Immigration Law
Satisfied Customers: 964
Experience: Over 5 years dealing with EEA Law, Nationality, Immigration and Asylum Law.
frantzgregory and 2 other Immigration Law Specialists are ready to help you