Uganda Gay Sex Case Briton To Return To The Uk.

[anotheoldgit]

http://www.bbc.co.uk/news/uk-england-kent-25896416

For right or wrong this man broke another country's laws, and instead of serving a prison sentence he is very lucky to be sent home, but have Britain any obligation to allow his partner to seek asylum in this country?

If so should we also welcome all those other Ugandan gays who wish to come and live in Britain?

[anotheoldgit]

/// Let's get back to your question. ///

/// You asked whether Britain has an obligation to grant right to remain in the UK. I believe the answer is 'yes'. ///

Once again I am at a loss where did I ever ask that?

What I actually asked was this:

*** but have Britain any obligation to allow his partner to seek asylum in this country? ***

Even if you twist that around no where will you see "to grant right to remain in the UK".

Simply because his patener is not in the UK he is in Uganda.

So I think one of us must be on something that is making one rather mixed up and this I can say for certain it certainly isn't me.

[sp1814]

AOG

You asked:

"but have Britain any obligation to allow his partner to seek asylum in this country?"

If he is claiming asylum, then the answer is 'yes'.

However, he wouldn't necessarily need to claim asylum because as the law stands, he may have a better chance of seeking residence because he is the partner of a British citizen.

Hope that answers your question.

[THECORBYLOON]

ANOTHEOLDGIT, I think you are getting tied up jn knots. With asylum comes the right to remain. It follows that if someone is granted permission to apply for asylum, they are applying for permission to reside in the UK too.

[jomifl]

/he may have a better chance of seeking residence because he is the partner of a British citizen./
Does he have civil partnership, are they married? If not then he is a friend nothing more and has no more roghts than any other Ugandan and rightly so.

[sp1814]

jomifi

Partner in the old fashioned sense, meaning 'boyfriend'.

With regarding to immigration, the legal definition of 'partner' can be boyfriend/girlfriend.

I was surprised at this, but that's what the law states (see my earlier link).

[sp1814]

jomifi

This is a better link:

http://www.stonewall.org.uk/at_home/immigration_asylum_and_international/2666.asp

Not understanding your conclusion that two men who are in a gay relationship can only be considered 'friends' of they are not in a civil partnership.

If you have a girlfriend, with whom you are in a committed sexual relationship, can she only be regarded as a 'friend', rather than a partner? Even if you lived together?

I've never heard that before. Is this a popular attitude? Would you introduce her as your friend, partner or girlfriend?

Would she be insulted by the description of 'friend'?

[jomifl]

sp, I have to confess that I thought that you had made a mistake as the implications run counter to the intention of the law. I have a relative who had a Phillipino girlfriend, he could only bring her into the UK after he had married her and only then after a delay of 2 years.

[sp1814]

I can't comment on that - but as the law stands now, it appears that the British half of the partnership needs to earn in excess of £18,000 and then it looks like 'plain sailing'.

In real life situations, I'm sure, as you have pointed out, that there may be other obstacles in the way...

[jomifl]

sp, I may be well out of date but it seems strange that a government that is trying to restrict immigration from the EU should make immigration from non EU countries easier. I also have a friend who's wife was born in India and they had a joint passport. When she tried to get a British passport for the purpose of separate travel to a holiday destination abroad, she had to prove that her parents were British and just happened to be working in India when she was born. The whole situation re. immigration seems to be a complete dog's breakfast.

[anotheoldgit]

sp1814

/// You asked: ///

/// "but have Britain any obligation to allow his partner to seek asylum in this country?" ///

Ah settled down now have we sp, you are now quoting correctly what I actually put.

/// However, he wouldn't necessarily need to claim asylum because as the law stands, he may have a better chance of seeking residence because he is the partner of a British citizen. ///

Some would class him as just a friend, since there is no proof that they have gone through a civil ceremony together.

So I don't think he has a chance of seeking residence, because this privilege isn't afforded to friends of British citizens.

[anotheoldgit]

THECORBYLOON

/// I think you are getting tied up jn knots. With asylum comes the right to remain. It follows that if someone is granted permission to apply for asylum, they are applying for permission to reside in the UK too. ///

I am quite aware of that, the confusion you are experiencing is the fact that sp got things tied up in a knot by stating something that I did not put, which was this;

Even if you twist that around no where will you see "to grant right to remain in the UK".

I was just correcting him and not stating anything more.

[sp1814]

AOG

"Some would class him as just a friend, since there is no proof that they have gone through a civil ceremony together."

I wonder if those same people would regard all unmarried couples as mere friends.

"So I don't think he has a chance of seeking residence, because this privilege isn't afforded to friends of British citizens."

Only if the Immigration Services operated under the bizarre assumption that you have to be married or in a civil partnership to be in a relationship, and as my earlier Stonewall link proves, it doesn't.

And thank goodness for that.

[sp1814]

AOG

So the answer to your question as to whether Britain has any obligation to allow his partner to seek asylum in this country is this:

As he is the partner of a British citizen, he can apply for leave to remain based on that relationship, rather than seeking asylum.

Regarding other Ugandans, they would need to seek residence as asylum seekers.

I hope that clarifies everything.

Let me know if it doesn't. I'm more than happy to explain further, with links if necessary.