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Asylum vs spouse visa for immigrant in Europe?

edited April 2016 in Europe
if i have visa for visit Portugal and i would like to stay there after my visa expire how i can be legal after this ?? i heard about i can be legal if i stay one year illegal and pay tax .. Is that truth ? and how ??

Comments

  • @johnomar
    Are you for real? How can you be illegal and pay tax? If you have no visa and are illegal you will not pay tax as you cannot work. Stop listening to nonsense.

    Portugese law states that foreign nationals will be deported from Portugal when
    They enter or remain illegally in Portuguese territory;
  • in UK where i live now if i stay illegal for 14 years i can become legal .. so for sure there is away to become legal in Portugal if i stay illegal
  • edited April 2016
    @johnomar
    Your information is out of date since 2012 you need to live illegally in the UK for 20 years to be able apply for indfenite leave to remain iut does not mean its certain it will be granted.

    I also live in the UK and am a British immigration lawyer.

    If you overstay in the UK and are therefore illegal you cannot work, if you are found working your emploiyer will be fined £20,000 you will be removed. Illegal people in the UK are now being prevented from visiting a GP and it has become illegal to rent a home to anyone who idoes not have a valid visa. So do not boast about living illegally in the UK.

    As for Portugal its unlawful to employ illegal workers fines for employers can be as much as Euro 90,000 plus deportation costs. Employers of illegal immigrants in Portugal may also face jail terms if they are repeat offenders. Portugal has bought in tougher penalties for offences related to illegal immigration and a general updating of the system of penalties.

    Are you not aware of how mainland Europe is taking a hardline against illegal immigration, do you not watch the TV or read newspapers.
  • "... in UK where i live now if i stay illegal for 14 years i can become legal .. so for sure there is away to become legal in Portugal if i stay illegal..."

    You sound like an expert. Just stay and ignore all the immigration laws. You'll be fine. No problems.

    Have fun.

    Cheers,
    Terry
  • im in spouse visa in uk and i changed my religion and im afraid of my ex religion people to kill me . shall i continue as spouse visa or apply for Asylum Visa ?? my spouse visa will expire in 2018
  • And it gets better and better.....

    Cheers,
    Terry
  • what you mean?? you didnt answer what i asked
  • @johnomar, it sounds like your situation is complicated. If you're on a spouse visa in the UK then you are not living there illegally. I'm no expert on UK immigration law but I can tell you that in most countries a spouse visa is a much easier thing to get than asylum. If you qualify for the spouse visa why not renew it before it expires in 2018? What is your situation with your partner that you feel this isn't an option? As Alethia has pointed out (and she really is an expert) living illegally in the UK is just a bad idea - it's very unlikely you'll manage it for any length of time and even if you do your standard of living will be crippled by having to stay constantly under the radar.
  • Welcome to the weird and wonderful world of immigration !! You could not make this stuff up!!
    @johnomar
    Your thought process is very strange. Your spouse worked very hard to meet the rules so you could be granted a spouse visa, yet you think claiming asylum when you are on the spouse visa is a good choice, it is not , its riduculous. No one forced you to change your religion , surely you must have considered that some fanatics may try to make you regret your decision, but you now live in one of the most tolerant countries in the world, where you can follow your own beliefs. UKVI Asylum are not likely to believe you after entering on a spouse visa.

    I am thinking you are either unhappy in your marriage or you want a faster route to indefinite leave to remain so you think by claiming asylum you can fast track this process. Wrong!! UK Visas and Immigration will see right through you, just as I have done. Ella Johnson is correct a spouse visa is a much safer route.

    As for living illegally in Portugal, if your spouse is a British citizen she can live and work legally anywhere in the EU and you can legally go with her and after five years (just like the UK) you can apply for citizenship.

    @johnomar you come across as a very confused individual , who thinks it is acceptable to live illegally in another country. You need to sort yourself out.
  • edited April 2016
    @Alethia
    im with my wife now and im on spouse visa for more than 1 year .. forget about Portugal becuz the question wasnt about me it was for someone else .. now i would like to know i change my religion and it was my choice for many reasons and the fact of claiming Asylum is that i feel danger about my life if any thing happen and i should to back my home country .. and also im happy with my wife but my life in danger if i back and its the truth
  • @johnomar
    Both Ella Johnson and I have told you NOT to go down the asylum route. I do not understand why you think seeking asylum will offer you more protection than a spouse visa. Asylum seekers are not allowed to visit their country of origin until they are British.
    Asylum seekers are not given any special protection in their home country.

    Stay on your spouse visa but do not visit your home country, until your British its that simple.
  • @Alethia
    the problem is if something happen between me and my wife i will sent back to my country and then i will be die there becuz of what i done and this is what make me afraid
  • edited April 2016
    @johnomar
    I believe you were a Muslim and are now a Christian. As only Islam threatens violence when a person converts to another religion. You knew this when you decided to convert and you must live with your decision. What kind of marriage do you have that you think it may fail?

    I repeat again, an asylum application is unlikekly to be successful because you entered the UK as a spouse, also you changed your religion since leaving your home country and you have been in the UK for more than one year. By the way how do the people in your home country know you have changed religion, when you live in a different country?

    If you have children with your wife you will not be removed from the UK as you have the right to remain with your children under appendix FM of theimmigration rules.

  • @Alethia
    there is no children and i changed around 2 months ago and i changed becuz i start to believe is something else and the truth is that im in danger if i back my life will be finished and yes my marriage will end in anytime becuz sometimes we fight
  • by the way i have tatto in my body .. its Cross i done it after i changed and also i have been in church alot and all of that my family know becuz i post things in facebook then they threat me that they will kill me when i back and all of them sent me messages and this is why im asking about asylum
  • @johnomar
    In my opinion you are and idiot, why purposely put things on Facebook regarding converting which you knew would antagonise your family. You bought this problem upon yourself, you knew very well your family would not accept your conversion to Christianity.

    Asylum does not give protection from your family, the wider community,police and judiciary must be unable to control persecution,. You must have evidence of this persecution.
    https://www.gov.uk/claim-asylum/overview

    No wonder you fight with your wife she probably thinks your a fool.

    I have nothing further to say on this matter, you made this mess you clean it up.
  • "... by the way i have tatto in my body .. its Cross i done it after i changed and also i have been in church alot and all of that my family know becuz i post things in facebook then they threat me that they will kill me when i back and all of them sent me messages and this is why im asking about asylum..."

    Honestly, wake up.

    Cheers,
    Terry
  • @Alethia
    why you insult me and being rude to me i done this becuz i felt freedom to do whatever i want in case im in free country and also i felt secure where im now but itsnt only my family that want to kill me its any one know my story want to kill me
  • @CheersT
    what do you mean wake up i dont know what should i do ??
  • @johnomar
    Yes you live in a free country but if you are from an Islamic country or any country for that matter who abuse, torture and kill christians you dont advertise the fact on facebook or tatoo crosses on your body , for this is sure to antagonise these peope

    By "wake up" we mean look at reality. If you claim asylum then you could loose your spouse visa. Good luck to you enjoy your marriage.
    No one here can help you.
  • @Alethia why i could lose my spouse visa if i claim Asylum ?
  • @johmomar
    Did you think that you cold still remain in the UK on a spouse visa and claim asylum? Just switch from a spouse visa to asylum? That is not how it goes.

    As soon as you apply for asylum your current visa status is revoked. You cannot be in the UK on two different immigration routes. You are either a spouse or an asylum seeker.

    If your asylum application fails, you will be removed. You cannot revert to a previous immigration status.

    In my opinion you have a weak asylum case as you became a Christian AFTER you left your home country, you have bought attention to yourself by advertising your religion
    on line and by tattoos.

    You had no asylum issues that you mentioned in your application when you applied for a spouse visa, therefore your asylum case is weak.


  • @Alethia can you tell me please when is the earliest time that i can apply for FLR ??
  • @johnomar

    The earliest you can apply for FLR is 28 days before the expiry date on your residence permit
  • @Alethia all pages say 28 days before your 30 month anniversary in uk
  • edited April 2016
    @johnomar
    All pages DO NOT say 28 days before your 30 month anniversary in uk. This is what people write on forums.
    Nowhere in the immigration rules or on the FLR(M) guidance does it use the term "30 month anniversary in uk."

    See section 5 of these Guidance notes https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/477876/FLR_M__guidance_notes_11-15.pdf
    It clearly states

    5. When to apply
    You and any children under 18 applying with you should apply before the end of your/their permitted stay in the UK

    Your permitted stay is the date on your residence permit.
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