Rumbidzai Bvunzawabaya

Rumbidzai Bvunzawabaya is a solicitor at RBM Solicitors, based in Coventry. She was admitted on the Roll of Solicitors for England and Wales in 2003 and admitted in Zimbabwe in 1998 as a Legal Practitioner

Matters of the heart in immigration

By Rumbidzai BvunzawabayaImmigration Last updated on: November 30, 2009
62 CommentsComment on this article
THIS year has been a particularly good one for many migrants from Zimbabwe in the United Kingdom. The decision in RN (see previous posts) has yielded many positive decisions for the fortunate.
Many Zimbabweans that have lived in this country for more than five years have been granted refugee status. They have formed relationships and families and in some cases we now have a scenario where one partner has been granted refugee status, and the other has not.
There are also instances where one spouse /partner has gone forward to make a claim, whilst the other has not. I will give a typical example.
Mai and Baba came to the UK in 2001. They renewed their visas as students until 2005 when the college they were attending closed down. They both became illegal. In December 2008, Mai heard about asylum from church and realised that she had a valid asylum claim.
She tried to convince Baba to come forward so they could make their claim together. Baba refused and said he did not want to have anything to do with the claim. Mai duly made her claim and was granted refugee status with the children in February 2009.
Baba is now the only family member with a precarious immigration status. The situation is causing problems for the family as Baba lost his job. The family cannot live together in Council accommodation. The list of problems is endless.
What can Baba do?
There is hope for him. He can make an application for ‘discretionary leave to remain’ in the UK. The case of Chikwamba (FC) (Appellant) v Secretary of State for the Home Department (Respondent) is relevant (see previous posts).
Baba can also make his own asylum and human rights claim and rely on Article 8 and the principles laid out in the above mentioned case. It’s not a hopeless situation, and it is advisable to obtain legal advice if facing such a situation.
Scenario No 2
Jack is a refugee in the UK. He was granted refugee status in 2009. Prior to this, he was a student. He had travelled between Zimbabwe and the UK when his visa was valid. During Jack’s travels, he had met Jill. They were in love and got married in South Africa in August 2009.
Jack tried to make an application for family reunion for his beloved Jill but his application was refused. He did not meet the requirements for family reunion as Jill was not his spouse prior to his fleeing persecution from Zimbabwe.
The requirements in brief are that only pre-existing families are eligible for family reunion i.e. the spouse, civil partner and minor children who formed part of the family unit previous to the time the sponsor fled to find asylum.
Other members of the family (e.g. elderly parents) may be allowed to come to the UK if there are compelling, compassionate situations. The parents and siblings of a minor who has been recognised as a refugee are not entitled to family reunion. Such applications are considered under the criteria above, that is there must be compelling, compassionate circumstances in order for the family to be granted entry to the UK.
Family reunion may be refused if family members fall within the terms of one of the exclusion clauses in the 1951 UN Convention, which states that an individual.
  • Has not committed a crime against peace, a war crime or a crime against humanity;
  • Has not committed a serious non-political crime;
  • Has not been guilty of acts contrary to the purposes and principles of the United Nations.
So is there anything Jack can do? There has been a recent decision in the Court of Appeal regarding a scenario similar to Jack and Jill’s. The Court of Appeal has left open the issue regarding refugees applying for their spouses whom they marry after getting refugee status.
A case, A (Afghanistan) which was heard in July was won by the asylum applicant. They did decide that it was a breach of family life, but that this might be justifiable.
Since 2005, refugees have been granted five years of limited leave, at the end of which they are eligible to apply for settlement, or ILR. Before 2005, they were granted settlement straight away, on the grounds that this policy promoted integration.
One of the consequences of this change is that refugees with limited leave are unable to sponsor a new spouse or other family members under the main immigration rules (rules 281, 297, 317 and so forth). There is provision for admission of a pre-existing spouse or child (i.e. a spouse to whom the refugee was married or a child born before the sponsor fled to the UK) but this cannot be used for a new, post-flight spouse
The Court accepted that this was interference in family life. However, the Home Office failed to comply with directions of the Court, and thus full argument was not heard on any balancing public policy reasons that the Home Office might have for making refugees wait. 
The Asylum and Immigration Tribunal will now have to decide these issues in future cases and set an authority for such cases.

If an individual is facing such a situation, it is worth seeking legal advice.

 

Rumbidzai Bvunzawabaya is a Solicitor at RBM Solicitors based in Coventry. She can be contacted on e-mail info@rbmsolicitors.co.uk or telephone +442476520999

 

Disclaimer: This article only provides general information and guidance on immigration law.. The specific facts that apply to your matter may make the outcome different than would be anticipated by you. The writer will not accept any liability for any claims or inconvenience as a result of the use of this information

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Tags: asylum, Chikwamba (FC) (Appellant) v Secretary of State for the Home Department (Respondent), discretionary leave to remain, family reunion, immigration lawyers, immigration solicitor
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  • Belinda- Please Can Anyone Hel

    Please Can Anyone Help

    My name is Belinda and for over 2 years myself and my family have been left in a state of limbo and consent anxiety over the home office handling our immigration case.

    My father came to the UK in October 2002 and was granted a Work Permit for 5 years working with Children as a residential Social Worker. At the end of the work permit my father applied for Indefinite Leave to Remain, however due a administrative error by his local authority employer his initial work permit was never transferred from his previous employer. Therefore he was technically working illegally for the local authority and this subsequently invalidated his claim to remain. Him and all his immediate family members have been ordered not work or face prosecutions. This leaves us in a real desperate situation not only financially but mentally and emotionally.

    My father has exhausted all the obvious avenues for help and even after consulting a lawyer we are totally at a lost of where to go forwards. I have two siblings who are 8 and 14, who like myself see the UK as their home now and have built various networks of support and friendships. Without the help from some of our family who have been granted UK residency, we would be even more on the verge of destitution.

    Please if anyone can help me and my family get out of this situation, we would be entirely grateful. My email address belinda.nya@live.co.uk if you could get back to me.

    Thank you for taking the time to read this.

    Belinda

  • Belinda- Please Can Anyone Help

    Please Can Anyone Help

    My name is Belinda and for over 2 years myself and my family have been left in a state of limbo and consent anxiety over the home office handling our immigration case.

    My father came to the UK in October 2002 and was granted a Work Permit for 5 years working with Children as a residential Social Worker. At the end of the work permit my father applied for Indefinite Leave to Remain, however due a administrative error by his local authority employer his initial work permit was never transferred from his previous employer. Therefore he was technically working illegally for the local authority and this subsequently invalidated his claim to remain. Him and all his immediate family members have been ordered not work or face prosecutions. This leaves us in a real desperate situation not only financially but mentally and emotionally.

    My father has exhausted all the obvious avenues for help and even after consulting a lawyer we are totally at a lost of where to go forwards. I have two siblings who are 8 and 14, who like myself see the UK as their home now and have built various networks of support and friendships. Without the help from some of our family who have been granted UK residency, we would be even more on the verge of destitution.

    Please if anyone can help me and my family get out of this situation, we would be entirely grateful. My email address belinda.nya@live.co.uk if you could get back to me.

    Thank you for taking the time to read this.

    Belinda

  • killjoy gwenzi

    u shld state that u quote exceptional cases as egs. reality on the ground z the asylum systm in the UK z v f*up. parents w grown ups in the UK army r illegals coz ‘ey did not claim asylum soon as ‘ey arrived. most who left school & bcame illegal had p/ports confisticated, & those that claimed whilst in school were categorically reminded that their visa was issued on the condition that ‘ey return soon as done. bsides, can’t afford paying lawyers, given that illegals only survive coz ‘ey stay as communities that support each other wn certain difficulties come. kuchena misoro muchingoti ndiri student vanopedzisira vazviziva, vokwenyera.

  • killjoy gwenzi

    u shld state that u quote exceptional cases as egs. reality on the ground z the asylum systm in the UK z v f*up. parents w grown ups in the UK army r illegals coz ‘ey did not claim asylum soon as ‘ey arrived. most who left school & bcame illegal had p/ports confisticated, & those that claimed whilst in school were categorically reminded that their visa was issued on the condition that ‘ey return soon as done. bsides, can’t afford paying lawyers, given that illegals only survive coz ‘ey stay as communities that support each other wn certain difficulties come. kuchena misoro muchingoti ndiri student vanopedzisira vazviziva, vokwenyera.

  • http://newzimbabwe sodoyi

    Thanks for your informative Blong Rumbie some of these guys write for the sake of writing.Say someone has ILR and they want marry someone from zimbabwe is it possible to go and get married in South Africa and then try and get them to join you in the UK Many thanks

  • dilemma tirivazhinji

    used 2 live in a dilemma wn I abused miself in2 alienship there. best decision I ‘ve eva made was leaving. I regathered mi, & can b in the UK @ anytyme of mi choice. I can’t imagine how much I humiliated miself prior 2 seeing that the world has better. the only experience I carry z not all that glitters z gold. varikumba vanofunda mugere musimama, kuyaura chaiko. kusvikepi tichitiza mimvuri yedu?

  • dilemma tirivazhinji

    used 2 live in a dilemma wn I abused miself in2 alienship there. best decision I ‘ve eva made was leaving. I regathered mi, & can b in the UK @ anytyme of mi choice. I can’t imagine how much I humiliated miself prior 2 seeing that the world has better. the only experience I carry z not all that glitters z gold. varikumba vanofunda mugere musimama, kuyaura chaiko. kusvikepi tichitiza mimvuri yedu?

  • Miss UK

    My daughter and myself where granted Discretionary Leave To Remain this year, and no where on my papers does it say i cannot travel to Zimbabwe, my case worker said i cannot travel home but a solicitor said i could because their are no restrictions printed that i cannot go to Zimbabwe, my initial claim was Asylum but that was refused, so my question is, if i was not given humanitarian protection but instead DLR why can i not travel home?

  • Miss UK

    My daughter and myself where granted Discretionary Leave To Remain this year, and no where on my papers does it say i cannot travel to Zimbabwe, my case worker said i cannot travel home but a solicitor said i could because their are no restrictions printed that i cannot go to Zimbabwe, my initial claim was Asylum but that was refused, so my question is, if i was not given humanitarian protection but instead DLR why can i not travel home?

  • mai tendai

    kids born in foreign lands are not automatically citizens. ‘ey make the choice wn 18. howeva, some r renegoitating the age @ wc ‘ey bcome citizens given changes in the US systm ‘ats demanding p/ports 4 minors…being on a parents p/port is no longer nuff. musaremedza vana. vamwe vana vanoziva kuti door rakaknockwa, hakuvhuriwe nekuti mai vangatoriwa. zvakaoma!

  • mai tendai

    kids born in foreign lands are not automatically citizens. ‘ey make the choice wn 18. howeva, some r renegoitating the age @ wc ‘ey bcome citizens given changes in the US systm ‘ats demanding p/ports 4 minors…being on a parents p/port is no longer nuff. musaremedza vana. vamwe vana vanoziva kuti door rakaknockwa, hakuvhuriwe nekuti mai vangatoriwa. zvakaoma!

  • kk

    Mai Tendai you cant travel home because you told the Home Office that it was dangerous to stay. So why do you want to come here. Stay there where it is safe for you.

  • kk

    Mai Tendai you cant travel home because you told the Home Office that it was dangerous to stay. So why do you want to come here. Stay there where it is safe for you.

  • pretty

    Hi Miss UK if you were given your papers under the legacy casework malakey you can go to zim, all you need to do is if you have a valid zim passport go onto the b.i.a website and download the NTL (no time limit) form and send it off with your passport and fee to have the visa put in your passport n ur daughter’s.

  • pretty

    Hi Miss UK if you were given your papers under the legacy casework malakey you can go to zim, all you need to do is if you have a valid zim passport go onto the b.i.a website and download the NTL (no time limit) form and send it off with your passport and fee to have the visa put in your passport n ur daughter’s.

  • killjoy_ma_cd’s

    MISS UK ndiko kunonzi kujuruja majuru nemboro kwamakuda kuita uku! really pisses me off when i c a scumbags like u dat get lucky then try n fck up d path 4 everyone jus coz ya things r alrite now, wah bt d rest of ya zim bros n sisters dat r trying 2 go thru d same way u did, how r dey gon blive dem when dey c pple like u dat go bac home straight afta dey get a stay, aint u got any heart? jus really sad how u c certain pple dat try n badmind others jus coz dey alrite now. is zanu not in power now that u want to go bac, what happend to ya asylum claim? sure u know how dey goin on bt bogus claims, its pple like u deh talking bt, SCUM! jus so sad how deh is genuine asylum seekers out deh dat get refused yet dey grant scumbags like u. fix up! might aswel say goodbye 2 fish n chips when u board dat air zim to zim kmt!

  • killjoy_ma_cd’s

    MISS UK ndiko kunonzi kujuruja majuru nemboro kwamakuda kuita uku! really pisses me off when i c a scumbags like u dat get lucky then try n fck up d path 4 everyone jus coz ya things r alrite now, wah bt d rest of ya zim bros n sisters dat r trying 2 go thru d same way u did, how r dey gon blive dem when dey c pple like u dat go bac home straight afta dey get a stay, aint u got any heart? jus really sad how u c certain pple dat try n badmind others jus coz dey alrite now. is zanu not in power now that u want to go bac, what happend to ya asylum claim? sure u know how dey goin on bt bogus claims, its pple like u deh talking bt, SCUM! jus so sad how deh is genuine asylum seekers out deh dat get refused yet dey grant scumbags like u. fix up! might aswel say goodbye 2 fish n chips when u board dat air zim to zim kmt!

  • CHAKANETSA

    Thank you Rumbie for shedding light to various asylum situations. However, I have a slightly different scenario. My wife came in UK in 2002 and claimed asylum at the port, I then followed two months later and did the same, we were already legally married prior to coming here. Our claims were both refused and appeal dismissed in 2003. It was until Dec 2005 when I made a fresh claim in which my wife is an exclusion. My case is a Legacy, so my question is, does my fall under legacy as well despite having not presented a fresh claim. We have been here for seven years and we have a four month old baby?

  • CHAKANETSA

    Thank you Rumbie for shedding light to various asylum situations. However, I have a slightly different scenario. My wife came in UK in 2002 and claimed asylum at the port, I then followed two months later and did the same, we were already legally married prior to coming here. Our claims were both refused and appeal dismissed in 2003. It was until Dec 2005 when I made a fresh claim in which my wife is an exclusion. My case is a Legacy, so my question is, does my fall under legacy as well despite having not presented a fresh claim. We have been here for seven years and we have a four month old baby?

  • Miss UK

    Thank you Pretty that was helpful.
    @ killjoy_ma_cd’s , kana zvinhu zvako zvakaramba dont take it out on others, i was not granted Asylum , and the reasons i claimed asylum had nothing to do with the Political situation, that was the chanel i was adviced to take to get a DLR, i feel for my brothers and sisters that are having a rough time and zvadiri kufambira kuZimbabwe will prove it. Scum? thats rich coming from you , who obviously is going through a rough time sorting themselves out.

  • Miss UK

    Thank you Pretty that was helpful.
    @ killjoy_ma_cd’s , kana zvinhu zvako zvakaramba dont take it out on others, i was not granted Asylum , and the reasons i claimed asylum had nothing to do with the Political situation, that was the chanel i was adviced to take to get a DLR, i feel for my brothers and sisters that are having a rough time and zvadiri kufambira kuZimbabwe will prove it. Scum? thats rich coming from you , who obviously is going through a rough time sorting themselves out.

  • tia

    why do people seek aslylum and once they get papers they are the first ones to go to zim especially some people who lie that they were affected by the situation in zim but they were the ones that were causing the issues.there are some people who got papers and instead of doing something usefull with their lives they are breaking the law being involved in fraud.how can you come here to commit crime,these kind of people make me sick

  • tia

    why do people seek aslylum and once they get papers they are the first ones to go to zim especially some people who lie that they were affected by the situation in zim but they were the ones that were causing the issues.there are some people who got papers and instead of doing something usefull with their lives they are breaking the law being involved in fraud.how can you come here to commit crime,these kind of people make me sick

  • tirivangani

    ndirichi bora ngoma chekumufakose cha garisa mu england from 20001 need help its 2010 madhiri haacha bhadhara steraki sista pliz help i had three dayz wen i came here iam

  • tirivangani

    ndirichi bora ngoma chekumufakose cha garisa mu england from 20001 need help its 2010 madhiri haacha bhadhara steraki sista pliz help i had three dayz wen i came here iam

  • Achimwene

    @tia I agree with you fake assylum seekers like Miss UK should never be granted leave to remain on assylum basis. Even though i’m not Zimbabwean but iknow there are genuine Zim assylum seekers out there that deserve the grant than these fake seekers who are not even ashamed to publicly ask for advice on such forum

  • Achimwene

    @tia I agree with you fake assylum seekers like Miss UK should never be granted leave to remain on assylum basis. Even though i’m not Zimbabwean but iknow there are genuine Zim assylum seekers out there that deserve the grant than these fake seekers who are not even ashamed to publicly ask for advice on such forum

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