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?

How can you return so easily to his home country if he is seeking asylum?

My view has always been that seeking asylum would mean that you absolutely cannot return to your home country?

Yes basically said we can get married but there is no guarantee that they would then grant him a spousal visa and could turn up on the day and arrest him. So we thought best not to chance it.

I see everyone's point, i really do and I think about all this myself.

We love each other and I'll go wherever if he doesn't get his visa but I have a stable, well paid job and my own home and my family are close by which obviously means it would be better to stay here.

If he fails in his application you will both go to his home country to live?

So he isn't a genuine asylum seeker, but an economic migrant?

On what grounds was he claiming asylum if he owns homes and part of a business in his home country, is well educated with good earning potential and free and able to return home with a family?

That's my understanding of asylum too dad
Seems he was quite rightly refused in that case...

For what reason does he qualify for aslyum if he has homes, businesses, and can easily live in his own country, even talking you with him?
He doesn't, does he? The system might stink but in your case it sounds like its doing what its supposed to: your boyfriend is not a legitimate asylum seeker.

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

Well he's not an asylum seeker then is he? He's an illegal immigrant

He was trafficked into Italy and basically made to work for nothing. He escaped whilst still "owing" money to the traffickers who have threatened his life.

So they haven't said you can't get married? What they did was remind you, you will get in trouble if it's a fake marriage.
If you plan to live together and raise your child together then it's not fake.
Get married. No guarantee of spousal visa but a better chance than not trying. Unless you were only planning to marry for the visa?

Of his home country is safe enough to move to then he isn't really an asylum seeker

If he was trying to claim asylum why would he take you and more importantly your child back to his home country?

He was advised on his entry to the U.K. To claim asylum, I don't think he really understood the process at the time.

He is not claiming asylum now, he has built a life in the U.K.

So he's claiming asylum from...Italy? Not his origin country?

What makes you think you will get residency in his country?

No the traffickers are from his home country

Surely his first port of call should've been returning home not coming to the UK?
Why did you allow yourself to be in a position to have a child?
Why have you shacked up with an illegal and most importantly why are you blaming the system when he has broken the law?!

but without a visa that life he has built in the UK has been done illegally.
Why was he trafficked to Italy? How the hell does that fit in?

So, he tried to lie his way in? Nice. Zero sympathy.

Hang on so he applied for asylum and was refused, chose to stay illegally for the last 10 years then applied through legal channels despite having no legal right to even be here to access those channels and despite rejecting those legal channels previously and is now whinging that those legal channels have given him legal right to appeal their decision? Seriously? Fucking listen to yourself.

So he claimed asylum seeker status when he wasn't as asylum seeker, and previously disappeared off the home office radar. And you wonder why they refuse him a visa? Really?

If you are happy to move to his home country and he has a successful business there, why aren't you doing that? Have you actually seen evidence of this successful business?

Ok everyone thanks for your input.

It's not the system that stinks.

Still not answered my query as to the circumstances of his apparent trafficking to Italy...

He's not legal in the country he needs to leave.

The system does stink. But there are a lot of things that don't add up.

For example, a family visa is exponentially more difficult to get than a spouse visa, even with the complications of a refused asylum claim and an overstay. An enormous percentage of even the most straightforward reunification cases are refused for non-EEA migrants. So why would you even go that route?