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?

He is an illegal economic migrant who has lived here for 10! years and even got a woman pregnant in the hope it will help him to legalise his status, and you think the system stinks because they won't allow him to stay here?!

And he tried to pretend to be an asylum seeker!!

I hope they will send him back!

Velvet - Exactly!!

Which country is he actually from? If he has a business and money coming in from it and you think you could live there, it's unlikely he's going to suffer any persecution if he returns so not granting him asylum was the correct decision.

I thought people got trafficked (among other reasons) because they had no or very little miney and wanted to get into another country. How does someone who has property/business get trafficked? Either way, illegal for ten years? He needs to go. Sorry op.

velvet OP clearly isn't going to answer about the alleged trafficking.
I asked twice already about it.

I think he is playing you, sorry. I bet there's no business or property and he's using you and the pregnancy as his last option to stay in the U.K.

The system does indeed stink. Your partner should have been removed after his asylum claim failed. He shouldn't be allowed to go off the radar. I presume he has been breaking the law by working illegally. The UK needs to toughen its response to illegal immigration and failed asylum seekers and make it very plain that we are not a soft touch for economic migration.

Mind boggles that someone would get themselves pregnant when their partner's immigration status is so unsettled. Well good luck raising your child alone when he's kicked out.

I'm sorry but this sounds fishy on his behalf.

Got refused stay.
Disappeared so has been here illegally ten years.
Reunites with you.
Still fails his applications.
And now you're pregnant.

It's a myth that when you get pregnant it strengthens their application, it did help once upon a time but no anymore.

So in Forrinland, do people really pick you up off the streets, when you have family, friends, businesses and homes, and dump you in Italy, without you asking them?

I have some sympathy for your personal situation as I would for anyone (although if you deliberately got pregnant in this situation I think that is at best...unwise).

However, I don't think this an example of where the system stinks. And I wouldn't expect the system to bend because your personal situation is unfortunate if the criteria for a visa are not otherwise met.

fwiw I would look into your legal position in any new country you might move to in the future very carefully and would not marry if it would compromise your rights (or those in relation to your child). From what I understand in some countries you cannot remove a resident child without both parents consent. Further, in some countries custody goes to the father rather than the mother on a relationship breakdown.

OP I'm worried about you
I appreciate he might have been trafficked from a country that was not safe at the time
But if he's been living on money from there and it's now safe to return, and possibly has been for some time, my worry is that he is using you to find a way to stay in the UK. From the time you got back together, couldn't he already have returned home?

The fact that he was happy to stay here illegally suggests that, while he's not desperate to stay, he is extremely keen, and that might be why he is with you. A baby will of course cement his case.

Sorry to be so blunt but I'm not reading your post thinking about our system, I'm thinking about how the story appears in relation to you.

OP so sorry you have naively gotten yourself into this situation, time to wake up, smell the coffee. You need to fully understand all the risks, and they are likely and serious, of moving to his country and start accepting you are going to be a lone parent with no emotional, practical or financial help from your child's father. Whether or not you are ready yet to accept it, he has played you. It will be much safer for you and your child to remain in the UK.

It's so obvious he is using you.

So he hasn't worked for a decade and has supported himself by getting money sent over from the business he owns in his home country? Sounds bloody unlikely to me

He won't want to move to his country, he is using you to stay in the UK.

YANBU at all and the system 100% stinks. Regardless of what happened in the past, you are now starting a family with someone. Why should you, as a British person, not be able to have a family life with whoever you choose? And a child with its father?

MeToo
Because he tried to enter the UK as an asylum seeker, failed because he's not a fucking asylum seeker then stayed here illegally for 10 years.
I'm not sure if I'm more shocked or worried that he's not been deported already

So 'if two people' make the decision to get pregnant why were you stupid enough to plan a pregnancy with an illegal immigrant?

I hope they send him back, his country can't be that dangerous if his business is still funding him

@metoothree and should the father not face the consequences of his actions?

On what grounds did he seek assylum? If the Home Office have refused him assylum then he needs to go back. I have every sympathy for someone who genuinly needs refuge in this country - but non whatsoever for someone who lives here illegally for ten years and then tries to get round immigration laws by fathering a child with the intention of pulling the 'human rights' card. And yes, it takes two to make a baby - which makes you just as bad as him. Bloody disgrace the pair of you.

No the system doesn't "stink" what gives your partner the right to stay in the UK? He's already disappeared once I don't blame the home office to reject his application.

The system does stink... for genuine people. My sister for example has been married to her Jamaican husband for 4 years, however to get a spouse visa for him she needs to earn £18,600 per year. She doesn't earn this amount so she either has to work 12 hour shifts to make the wage or get another job to make up the extra.
However, if she were claiming carers allowance or another qualifying benefit she would be exempt from meeting the financial requirement and would only have to show she can sustain the amount to live on which they deem as £112.50 or thereabouts per week. Which she could do by working 16hrs p/w alongside caring for somebody.

It makes no sense as carers allowance per year is nowhere near £18,600 as I'm sure many of you know, yet if she works she has to earn that to satisfy the visa requirements.

So at the moment she is working 12hr shifts, her husband is doing the same to save for NHS fee, flights etc and hopefully he will be living here by January 2018.

Also confused on how a businessman can be trafficked and then claim asylum, yet could go back to his home country quite freely? Are the traffickers not around anymore?