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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

To think the system stinks??

181 replies

purpleprincessa · 25/07/2017 18:05

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?

OP posts:
YorksMa · 25/07/2017 18:43

Some very harsh people here. Yes, the system does suck as it's not allowed to have discretion or leeway. The idea that marriage solves all ills is a bit of a red herring as I know from a good friend of mine who has been resident in the UK for ages (prob nearly 20 years). She and her partner were going to marry to avoid future residency issues but were told it wouldn't count anyway as would be seen as a marriage of convenience - they've been together 10 years and have 2 kids. She is a well qualified, well paid professional Australian who is here legally and has paid more tax than most Brits. I hope you get things sorted OP. Best wishes.

Spangles1963 · 25/07/2017 18:43

The Home Office can refuse you permission to marry?! I've never heard of that before.

MumIsRunningAMarathon · 25/07/2017 18:43

Ugh, tell him to return to his home country and his homes and business!

gwenneh · 25/07/2017 18:44

Yes, Home Office can refuse permission to marry. Registrars are now required to check immigration details and can refuse to perform a ceremony if someone's not in on the proper visa.

It's a fairly recent change.

Cocklodger · 25/07/2017 18:44

The system stinks because an illegal who falsely claimed asylum then stayed here illegally for 10 years is refused a visa?!
Really yorks?
Hmm

Mummyoflittledragon · 25/07/2017 18:45

Is this thread for real? What a mess and an unavoidable mess. Please just go with him to his home country if you think your relationship is stable. Be careful where you do go though. You wouldn't want to be imprisoned for being an unmarried woman, which can happen in some countries.

HookandSwan · 25/07/2017 18:46

Your right our system does stink, because it let this man stay here for 10 years illegally....

Biggreygoose · 25/07/2017 18:46

I am married to an American who was living over in the US and came over here to marry. The visa system sucks, is complicated (and I'm no idiot or stranger to government forms and beacoracy) and expensive. (Nearly 5k in visas... I'm only slightly bitter). The level of service ranges from non existant to woeful.

You do have a tiny piece of sympathy from me on that front.

What really really fucks me off though is people who try to play the system, either fail or get caught and then proceed to blame everyone but themselves and wail about how the world is unfair. Own your decisions.

Judashascomeintosomemoney · 25/07/2017 18:46

To think the system stinks sorry but on the basis of this thread it sounds like it's working perfectly. Which isn't to say I don't have sympathy for the situation you now find yourself in. But he is playing the system and has been for ten years. He clearly thought he'd eventually get away with it.

YorksMa · 25/07/2017 18:48

Yes, Cocklodger, really. We've no idea why he claimed asylum or why it was rejected. None of us know enough about this story to be so judgemental. I can only speak from my own experience in saying that the system is flawed and that some genuine people get denied residence - and likely the reverse.

SendintheArdwolves · 25/07/2017 18:48

He was advised on his entry to the U.K. To claim asylum

But I don't understand why he entered the UK in the first place? Surely he could have claimed asylum in Italy and then returned home? And he isn't seeking asylum, since he is not at risk of persecution if he returns to his home country -- or your and he would not be considering it if his application fails.

I think the UK has a moral duty to offer asylum to people requiring it. And I also think that, generally, immigrants are good for our society and it should be made easier, not harder for people to work legally and be protected by the system.

But in this particular instance, I don't think you get to moan and feel sorry for yourself that "the system stinks". You went through the process, your partner was signing on once a month at the home office, and everything seemed to be progressing. Then you decided you wanted a baby (v selfish decision btw). Did you think it would magically make everything easier??

lmer · 25/07/2017 18:49

As someone who's currently on a visa this really winds me up- you can't just live in a country illegally for years and then expect for them to turn around and be like "oh it's ok sweetie we don't care, here's your visa to just keep living here"
The fact that you so easily say that you'll just need to go back to his home country if his applications keep getting denied also suggests that there isn't actually a need for asylum

namechangedforthisreply · 25/07/2017 18:49
Shock
VelvetSpoon · 25/07/2017 18:50

Sorry I don't get this.

If the business he owns in his home country is sufficiently profitable that it can support him in the UK (and presumably you, him and your baby when you return to his country) why was he trying to enter the UK illegally in the first place?

I can understand those entering illegally who have no job, no home, no future (economic migrants) and those whose safety is at risk by reason of religion, ethnicity, gender, beliefs etc (seeking asylum) but a successful businessman who can freely return to his own Country?!

Sorry but something here doesn't add up!!

ChickenChica · 25/07/2017 18:52
Confused
MadisonMontgomery · 25/07/2017 18:55

If he can happily return to his home company how can he need asylum?

user1494237944 · 25/07/2017 19:01

Asylum claim failed - he dropped off the radar! For goodness sake - this man has been here illegally for ten years - he has property in his home country and can happily return - why was he claiming asylum then? Give me strength!!!

Atenco · 25/07/2017 19:04

"If he can happily return to his home company how can he need asylum?"

The OP has explained his particular situation, but he was claiming asylum ten years ago. A lot of things can change in ten years and places that were dangerous ten years ago can have become safe. In his case, he says that people traffickers in Italy were threatening his life, that is obviously why he didn't try to stay in Italy and presumably going home would have made him easy for the traffickers to find.

KimmySchmidt1 · 25/07/2017 19:07

it is frustrating but imagine what would happen if every single qualified person came to the UK from every other country?

If its not asylum then countries only let in people with qualifications in areas they need because they cannot fill from existing EU citizens. That's just how countries control populations.

jacks11 · 25/07/2017 19:10

We met when he first got here and was claiming asylum. Asylum claim failed, he went off radar

When you say "went off the radar", what do you mean? Was he given leave to stay on a non-asylum basis or did he remain illegally? If it is the latter, then I'm sorry- you are being unreasonable. If the former, I can understand your frustration but presumably there is a reason he has been refused?

Not everyone who wants to come to/stay in the UK has the right to do so because that's what they want. There is a visa system for a reason, and if your partner does not fulfil the requisite criteria (for whatever reason), then I'm afraid he can't stay.

If there has been an error in the assessment of the application, then that's a different matter entirely.

TeslasDeathRay · 25/07/2017 19:11

I do agree, for what it's worth.
I'm sorry you're getting such a hard time, OP. None of us know your situation outside of what you've told us, so some of the judgements being made are a overly harsh.

All the best with your pregnancy. Flowers

ClarkWGriswold · 25/07/2017 19:14

So he is a massive bullshitter trying to get into the UK to squeeze out what he can? Yep no sympathy here.

CouldntMakeThisShitUp · 25/07/2017 19:14

OP, you're such a fool and sooo naive it would be laughable if it weren't so serious.

He buggered off when he realised you would not endanger your own security to get him a visa.
Now he's back because no other woman wanted to endanger their security for his visa either.
He's done bugger all to get the legalities sorted.

So he's come running back to you, spun you a story about his 'wealth back home' and you fell for it.
I guess you're footing the legal costs for his visa?

And all other bills?

Then you go and get yourself pregnant - like that's going to resolve all the visa issues Hmm

Now you're believing all that bollocks about houses and business without any proof.
Culturally, they're owned by families and not just one person - therefore you are subject to what the family says happens.
Plus they've paid the expense of human traffickers - probably loaned against their assets.

Now you are prepared to go to a country people are fleeing from to claim asylum in the west, have your baby there and think you'll have financial security...all based on bollocks.

Have you thought what happens if you don't like living there?
Or your relationship breaks down?
Will you be able to get a job there?
Be warned - you will not be allowed to remove your child from that country in the event of a relationship breakdown.

I can't believe how naive and gullible some people are.

MumIsRunningAMarathon · 25/07/2017 19:17

He's been here for ten years illegally

How has he obtained healthcare?
How has he afforded to feed/clothe/house himself? ( funded by home country business? Don't believe that)

VelvetSpoon · 25/07/2017 19:18

So he claimed asylum because he was scared of the traffickers.

But he's a successful businessman who can return safely to his home country at any time...why was he being trafficked in the first place?!!

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