We can’t go back for political reasons, do we need to apply for asylum?


QUESTION: We can’t go back for political reasons, do we need to apply for asylum since my husband lost his job?

After 10 years of residence, first as students, then as workers, my husband lost his full-time job without sufficient notice to look for another employer.

We cannot go back to our home countries, Israel and Egypt, for the political problems our marriage implies.We have a 5-year old child and a child to come, own a house and are involved in a lot of charity and social work in England and wouldlike to settle in UK .

We don’t want to apply for asylum as we don’t want to lose our jobs and the lifewe established in this country.

Please do advise us on what to do!

ANSWER: You do not necessarily have to apply for asylum: the appropriate application for you as a married couple and your children would be a discretionary leave application.

These applications are submitted on the basis that there are compelling and compassionate circumstances in your case which would warrant the Home Office to exercise their discretion on an exceptional basis despite your being an overstayer in the UK . 

Principles of Human Rights and paragraph 395C would be considered.

The right to private and family life under article 8  of the European Convention of Human Rights would be considered not only on the basis of the 2 adult family members but also on the basis of the child.

Sufficient evidence would have to be adduced to prove that mixed interracial marriages between Egyptian and Israeli nationals.

In any case, for further advice and assistance in this matter you may wish to contact the Legal Services Commission who can refer you to immigration solicitors in your local area who offer legal aid.

 October 2010

Greenfields Solicitors


Related articles:
Marriage Visas – All you need to know

Overstayer? You might have grounds to apply for discretionary leave  


Disclaimer: The above article is meant to be relied upon as an informative article and in no way constitutes legal advice. Information is offered for general information purposes only, based on the current law when the information was first displayed on this website.

You should always seek advice from an appropriately qualified solicitor on any specific legal enquiry. For legal advice regarding your case, please contact Greenfields Solicitors for a Consultation with a Solicitor on 020 8884 1166.


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