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?

people are confusing asylum and economic migrant - none of us know the situation in this case, but you don't have to be poor to be an asylum seeker. You could be in fear of your life because of, eg, political activism, because of your ethnic group, because you are a journalist...

metoo

He can't be that scared now because OP has said if his application fails they will move over to his country of birth.

@MrsC I thought that as the 18,600 was being challenged in the ECHR there was a moratorium on any action taken on those grounds? Has there been a judgement on That?

@metoothree well the home office which had access to all the necessary information decided that the asylum claim was rubbish. Op never mentions appealing that....

MrsC2810 of course you won't need to earn as much if you are receiving carer's allowance... because to receive carer's allowance you have to be caring for someone full time... which means you can't go out to work as well. It's mad that you think that's unfair

I've not read the whole thread, but you should consult a competent immigration lawyer. Here's a list recommended by the Legal 500 (you want the second catergory - human rights appeals and overstayers etc). www.legal500.com/c/london/human-resources/immigration

You have various options including appeal, but assuming you are British/EU you can also look at exercising treaty rights yourself (Ireland) and seeking a spousal visa after having an immigration lawyer review what has happened for you both.

Who is the Home Office?

I would assume OPs DP was refused asylum for failing to claim asylum in the first 'safe' country he arrived in (Italy) after escaping his home country or maybe his claim was just completely baseless.

The Home Office cannot not refuse permission to get married as it would be contrary to the ECHR 'right to marry' but a sham marriage is of course an immigration offence.

OP - why doesn't your DP go back to his home country voluntarily and then apply to join you from abroad so he shows he is trying to comply with the immigration rules of this country?

DAILY MAIL ARTICLE IN 3... 2...

Sounds like the system is working as intended to me and presumably he will be returned to his own country at some point, quite rightly. He has been here illegally for ten years, contributed nothing as I assume he couldn't work legitimately and pay tax.

I would advise you to think very very carefully before you go to his home country. Once there with a child you may never get permission to return here with your child.

steff do you not know what the Home Office is? Are you in the UK?

If you do abandon your house and job to move with him and subsequently have a child in his home country - should it all go tits up it's highly likely that you wouldn't be allowed to return with the child so essentially you'd be setting yourself up for even further devastation.

I do think the system can at times be entirely fucked up - but I don't understand why a businessman with homes couldn't just get a plane? or go through standard channels. Why the need to be trafficked and 'owe' money.

Do you suspect that he infact sought you out 2 years ago as he'd run out of options and getting you pregnant and weaving a story of personal wealth would be his last chance saloon?

Don't call him an asylum seeker, it is insulting to genuine asylum seekers.

You say he didn't know the system when he came here but he obviously didn't care about the system or he wouldn't have "gone under the radar" for 20 years.

The system is there to stop this sort of thing happening. I don't care what skills he has, he might be a brain surgeon. But the minute he tried to claim asylum when he obviously didn't need it then disappeared should negate any legitimate claim later to try and stay. Sorry, but I hope his application is refused as it's unfair on all those that apply through the correct channels.

You've knowingly decided to get pregnant with an illegal immigrant, you were both irresponsible to do that before sorting his visa out. I don't believe (from his perspective in any case) that this pregnancy hasn't been partly motivated by improving his chances of a visa.

Only thing wrong with the system is not sending him back 10 years ago
I feel for you OP, you are in a very dodgy situation

@bunnybardot- no of course I totally understand, I'm don't mean that people who receive it should be excluded. I think the whole income level is unfair, if you worked 39hrs a week at living wage (£7.50) you wouldn't meet the requirement.

@biggreygoose not that I know of.

I don't know what the Home Office is, I'm in the US. I know that The Company is the CIA. Is it like the CIA?

TodaysUser And you for being rude, goady and extremely condescending. How dare you say something so ridiculous as to be offensive.

@todaysuser
I wouldn't talk too much about being easy. You allow your H to 'domestically discipline' you and beat your DSS. People in glass houses and what not.

Vladmirs it is not kind I agree but I think we may have a reputation abroad.

I'm a bit confused by your narrative. If he is wealthy enough to have businesses and properties that generate enough income to support him in the uk why didn't he just fly straight into the uk and over stay on a student visa
Trafficking is the route for the poor and desperate

Steff - it is equivalent to your Department of Homeland Security

"He's not desperate to stay"

Well then, see ya.

@todaysuser As the Christian you proclaim to be, try practicing what you preach and not judging women for whom they sleep with.