To think the system stinks??

[purpleprincessa]

Bit of backstory...

DP has been in the U.K. almost 10 years now. We met when he first got here and was claiming asylum. Asylum claim failed, he went off radar. At the time I couldn't deal with the stress due to me being concerned about my job and whether I would lose it due to his status. (I work in a position of trust)

We got back together 2 years ago and sought legal advice straight away. Few problems with the solicitor not giving good advice and basically trying to scam more and more money, so we changed in November last year.

Applied for an unmarried partners visa initially and provided the evidence required. DP now has to sign on at the Home Office monthly and had an appointment for further submissions in July this year.

We have had to change our application due to me finding out I'm pregnant so are applying for a family visa rather than unmarried partners/ spousal route and have provided evidence of pregnancy (scans, hospital appointment, letter from midwife).

Had news today that the Home Office have denied his application and we now have to appeal (costing yet more money!!)

DP just wants to get the visa so he can work and provide for his family!! We are both feeling so low and the pressure is too much at what should be a happy time in our lives!!

I'd understand if he was playing the system and getting all sorts of money and support but he's not! He's very qualified to get a good job and contribute to the tax and national insurance system!!

AIBU to be pissed off at the system?

It sound all rather complicated, but I do wonder why you don't marry? It seems like the obvious thing that'd make this easier.

Of course YANBU and you shouldn't have to marry if you don't want too, but out of interest, why haven't you?

Yes i think you are a bit, sorry. Do you think all good, qualified people in the UK should be able to reside in the UK without permission or only the ones you are in a relationship with.

I hope this all gets sorted for you both but I think it is ok to have an immigration process (even an imperfect one).

Why on earth did you let yourself get pregnant with a man who might have to leave the country at any minute? And don't say mistakes happen, because they don't if you are sensible/abstain.

You knew the situation before you got involved with this man. Why is he different from everyone else asking for leave to remain in the U.K.?

Sorry I'm not very sympathetic, but I've heard this story so many times.

Sorry but by the sounds of it he stayed in the UK illegally for quite some time - it will complicate things.
It sounds tough my sympathies but I'm not sure you can expect anything different

Where is he from? Is it outside the EEA? Have you looked at a parent of a British citizen visa? I think this is different to a family visa but could be wrong?
Upside it would give him rights to work, but with no recourse to public funds and the years spent here on that visa don't add up to your application for permanent right to reside

Sympathies op, but...

Why did he go off radar?? Why did you get back together with him when you knew his status was unconfirmed / off radar? If you're committed enough to get pregnant, why can't you get married?

How has he supported himself financially for 10 years?

Sorry not legally married as refused permission from the Home Office.

Family Visa is parent of a child visa Article 8 of the Human Rights Act.

How can he have got me pregnant, I thought two people made that decision?

How had he supported himself for years whilst being 'off the radar'?

If he fails in his application here, we will both go to his home country to live there. I just feel it would be better that I could keep my job/ home here.

Ah,
So it was a mutual decision (as opposed to contraceptive failure or accident) well you knew what you were getting into.
Tough shit.

It sounds like he is illegal. I'm sorry but there is every chance he will be deported, and then you will be on your own.

The system is doesn't "stink"; the system is to decide who can have residency and who can't, and it sounds like he is one of the people who can't.

Will you get residency in his home country?

Tough shit indeed.

He's not desperate to stay, he owns homes in his home country (Non EEA) and owns part of a family business. That's how he's funded himself for 10 years.

Sorry OP, but you're not going to get much sympathy if his asylum claim was denied and yet he continued to stay here illegally.

He has been living here as an illegal immigrant for 10 years, you knew he was here as an illegal immigrant, you knew it would require a potentially complicated legal process for him to stay and you are surprised that he can't stay?

Getting a woman pregnant doesn't suddenly make the government say 'oh that changes everything. The law no longer applies to you, have your visa'

The system doesn't suck. People thinking they can play it or circumvent it baffle me though

Can you go and live in his country instead?

Home office can refuse marriages? Can they? Didn't know that.

Why was he seeking asylum?

If he's claiming asylum yet you're both willing to go and live in his home country with a baby, that doesn't make sense. What's the asylum from?

I hated writing that paragraph because it sounds a bit DM for me. I'm not anti immigration at all but your situation is confusing.

Must be a pretty good reason for them to not allow two consenting adults to get married....

Think there's a lot the op isn't admitting

If he owned property and a business in his country of birth, why did he need asylum?

No sympathy here either.

He's here illegally and the system may suck but tough really.

I wonder what country he is from. Must be somewhere high risk I am assuming based on the continued visa declines. How would you feel about the loss of your home and job and no NHS etc OP?