Scared my partner will be taken from me

[Derrymare]

Please don't judge me but I have been in a relationship for 6 years with a Pakistani national he has been in the country 10 years.
We have lived together 5 years and we are very close. He supports me emotionally as I suffer from depression adhd etc I can't imagine life without him.
The homeoffice refused him any kind of stay and its going to appeal but I'm so worried that the judge will refuse.
We was refused because they say our relationship didn't start at least 2 years before he seeked asylum and that he hasn't been in the UK 20 continuous years.
We don't have any children to help our case and I don't meet the financial requirements.

Click on the link I've supplied a few posts above.

@saraclara from halfway down that page:

”The 2014 Immigration Act gave instructions to judges on how to decide Article 8 human rights appeals. That legislation says that “little weight” should be given to a private life or relationships formed if you are in the UK unlawfully, or to private life established when your immigration status in the UK is “precarious”.
This means that it is difficult to succeed with family life arguments based on time in the UK when, for example, you had no application pending with the Home Office and no leave to remain (immigration status), or private life arguments when you had no right to remain or had time-limited leave to remain.”

Which is what people have been telling the OPz

Could you possibly explain more clearly what is going on? So list when he came here, how he came here, what he has been doing since, when the detention happened, etcetc.
The whole thing is completely garbled and confusing and maybe that's why people are not understanding you properly.
I hope it's just the way you've explained it on here and that you actually do have a much better understanding of the situation than it would appear.
You need to be absolutely clear of what is going on and clear on the law too and don't just leave it to some random solicitor. Is this solicitor a specialist in this sort of thing?

You don’t live together like husband and wife. You like together as a couple. That’s not the same as husband and wife. Husband and wife is a legal status. I live with my dp. He isn’t my husband or like my husband. Because we aren’t married.

You chose to get close in those 4 years knowing his asylum application was a lie. That 4 years was after he was detained. You lived together like that for one purpose. You thought it would allow him to stay. But it is unlikely to. That decision has taken its toll on you. But you did it knowing the risk.

The HO should be much quicker, but you chose this.

I really think you need to be realistic and build a support network away from him. You need to understand, there’s a good chance he will have to return home.

Yes. And I told OP near the beginning of this thread that this is likely to fail. I posted that link for posters who asked where human rights come into applying for leave to remain.

When he was released from detention he wasn’t granted leave to remain in the UK. Building a relationship with someone who was here illegally and who you absolutely 100% knew would have to face that fact was your choice

That's how it appears to me too, and yet we're told it's all the Home Office's fault?
Hard, too, to understand how he's "learnt from his mistake", when his reaction is to lie about his status and encourage OP and her family to do the same

How did you meet him in the first place OP?

OP has been asked that question numerous times and yet she seems reluctant to answer it.

My guess is a dating website or similar. The kind of place men go to prey on vulnerable women.

Sorry @saraclara my bad I probably wasn't clear earlier, I am familiar with the act and as you've said it is incredibly unlikely to apply to OP's situation as her partner was already here illegally when they met and has stayed illegally since. I appreciate that in other situations an established relationship could be taken into consideration.

I'm shocked they're getting legal advice encouraging them they have a strong case as they really don't.

In that case, if it were my partner, I wouldn’t be investing too much hope in a “private life” 30 month visa plan, because of the online guidance (I’ll C&p it below).

You also need to be realistic that past breaches will count against him.

**

Apply on the basis of your private life
You can only apply on the basis of your private life if you’re already living in the UK.
You must be able to prove that you’re:
under 18 and you’ve lived in the UK continuously for at least 7 years, and it would be unreasonable to expect you to leave the UK
between 18 and 24 and you’ve lived continuously in the UK for more than half your life
18 or over, have spent less than 20 years in the UK and would have very significant problems living in the country you’d have to go to - for example, you do not speak the language and could not learn it
25 or over and you’ve been in the UK continuously for 20 years

To a layperson it sounds worrying on that count. Is it automatic legal aid because he’s made an asylum claim or something like that?

How long did it take him to learn from it?

So did he even have a visa on arrival, or ever have any intention of legitimising his stay?

And who is paying all the legal fees ? It seems that every penny you earn is spent on him .

The agent who left him at the airport? So he never actually got a visa? So it's not a case that he let his visa expire, he's never had a legal right to remain?

My guess is a dating website or similar. The kind of place men go to prey on vulnerable women

The thought had occurred to me, AlternativePerspective, but like you I didn't want to make assumptions

And this "agent" who dumped him on arrival has the sound of a people trafficker

Yeah, this genuinely doesn't seem like it'll work out, OP.

Your boyfriend doesn't have any right to remain in the UK. He's an illegal immigrant.

The fact that he's dating you is not going to be relevant. Your relationship has no legal status - you aren't married, don't have children.

& for the love of everything, don't jump into marrying him or getting pregnant - it'll be seen as contrived & won't help.

Basically, the fact that your chap is seeing you is no more relevant now than if you'd met down the pub yesterday, to be blunt.

He has no legal right to remain in the UK.

You can always see how it goes as a long distance relationship once he heads back to Pakistan? Because, honestly, he's going to be deported.

We might argue about whether immigration policies are right or not, & he might or might not be an asset to the uk if the rules were different, but he has no right to stay based on the fact that he's dating you.

You need to plan for this honestly.

This is what makes me so sad 😞

OP clearly thinks she can't cope without this man but in reality her mental health has almost certainly been negatively impacted by having to support another adult for years as they can't work due to being here illegally. The pressure of being sole earner is huge.

I think she feels he's saved her when the reality is the opposite.

He is clearly not an asylum seeker and should be deported.

It is cases like this that can make it so hard for those in genuine fear or persecution and should rightly be given refuge.

If you love and need him as much as you say you do OP move over there and let him support you. Your argument about low wages is true but millions of men in Pakistan support their families.

If you love each other as much as you say you do this is your only option as he has no legal or moral right to stay.

But OP said he had some kind of lapsed visa before the “agent” at the airport.

This is such a confusing thread.

Hopefully he’s getting some legal aid in his own right and the solicitor isn’t as crap as they sound.

They financial strain on OP must be massive.

You are pinning your hopes on the length of your relationship. I really don't believe that will have any bearing on the case.

I watched a tv programme about the Immigration Service. On two occasions they removed the men from the registry offices where they and their British GFs were waiting to get married, and both were subsequently returned to their own countries.

Yep. I've seen people with what I thought was a cast iron case, end up being removed. This appeal is paper thin, sadly.

There are some dreadful immigration lawyers out there. I've sat through hearings absoutely astonished at the ineptness of them.
There are also some really good ones of course, but it's an area populated with a fair few cowboys, because they know that there's easy money to be made from people with a poor command of english, or of the law here.

But OP said he had some kind of lapsed visa before the “agent” at the airport

You're quite right, though I'm not sure how it could have expired before he even got here - unless it was from a previous visit perhaps?

I also agree about OP's account being confusing, and if even MNers feel this way, imagine what an immigration officer will make of it

White saviour to the rescue! Listen to the actual Asians here.
OP's mental health won't improve by people being dishonest with her and pretending all is well.

@saraclara

There are also some really good ones of course, but it's an area populated with a fair few cowboys, because they know that there's easy money to be made from people with a poor command of english, or of the law here.

Absolutely this.