Need support in remaining in UK with my family. Can you help?

[englishgarden370]

Hi Everyone,

I am an American citizen. My husband and two children are British citizens. I am having to make an application for Leave to Remain in the UK with them and as a precautionary measurement I have started a petition to aid in my application to remain in them. It used to be that anyone who married a British citizen had the right to stay in the country with them but so many immigrants have taken advantage in the past just to gain citizenship that the government has made it much more complicated and expensive now. My three year old son had autism and Sensory Integration Disorder. I am everything to him and my family is my whole world. If any of you could possibly take a second to read my petition and if you were happy to sign it, in support of my application to remain with them, I would be extremely grateful!

Thank you so much for your consideration!
Jennifer

She is!

OP, There are a lot of unkind people here. Although one suggestion that was made out of spite may not be so silly. Have you looked at all moving back to the USA. I think you will find, depending on the State, that life will be easier, cheaper and the care offered to your autistic child will be better and more affordable. Despite what people think in the UK, there actually is a system of support for the poor and disabled in the USA. And you certainly won't get the bitter jealous judgment that you got here on this thread.
Having a disabled child myself, I can completely understand how 5 years can go by in a blink of an eye and you look up and realize all the things you were supposed to be doing as a "sensible, responsible citizen" and didn't do because caring for a disabled child can take 150% of your day.

Well then she doesn't need signatures on a petition which lets face it, is 1) odd and 2) not going to do anything

I agree your petition is far too waffly and full of stuff no-one needs to know about. If you want to do one, stick to the black and white facts. A border official won't give a flying fart that you had tea at Betty's for your first date (!)

Have your dcs been here the whole time? If not, then they must have US and UK passports, so they can go to the US, however, I can understand that if they've been here and they have SNs, the cost of medical insurance is going to be astronomical.

Actually Alice that's not correct. If your child has a disability, they are automatically entitled to Medicaid which is free and although not perfect, certainly as good as the NHS.

In addition, you can purchase a policy for your child that will cover what Medicaid doesn't cover. And the cost of that policy will be a lot less than what you pay in taxes for the NHS in the UK.

That's assuming that you pay taxes Sofia

We emigrated with a child with cerebral palsy, Sofia, where immigrants with disabilities are refused as being 'a burden on the state'.
The point at which she should have sorted out her immigration status was somewhere in between Betty's and getting married. Nowhere near having given birth to one or even two children. If it had been sorted out properly in the first instance, when it should have been, there would have been no difficulty at all with mummy getting deported.

That's my problem - the trying to pull the poor disabled child routine. Feel sorry for me even though I broke the rules because my child has a disability. It's not cool. And if anyone ever feels sorry for me because my child has a disability, I will put them right. It doesn't make me a fool that breaks the rules and then uses my child to try to circumvent them.

And I'm cross on behalf of the child too. He should never have been put in this position by his mother.

I'll second the comments that your solicitor really shouldn't have advised you to start a petition which makes your behaviour so far seem so questionable. It could well be grounds to doubt your character, which won't help your case.

Have you been told to prepare to be rejected due to the financial rules? That would make this a little more understandable, but it's still a very bad idea.

Pull the petition and all mentions of it online, ask people to stop sharing it and get a solicitor with experience of parents not meeting the guidelines. Experienced with visa breaches and appeals. You will need one.

I'm astounded that a person would have one child, let alone two, without first ensuring that they aren't going to have to be separated from them.

I know life is busy and circumstances change but OP and her dh could see this coming. Whether they stay here or go to the US with their mother, they are going to have to lose one of their parents

If her husband has a job he's paying taxes.

mad her children would not be immigrants. They are us citizens. The only person who is an immigrant would be her husband who is not disabled. And it's very nice for you that you are so perfect that despite having a disabled child you managed to do everything correctly and perfectly. I certainly didn't and it sounds like the OP didn't either. One of the wonderful things about moving back to the USA from the UK was the significant drop in judgey pants around me.

I'm not sure how the rules for medical insurance coverage apply when they've not been living in the country, even if US citizens. I wouldn't want to assume anything. I also don't know the extent of the OP's children's SNs/disabilities, so obviously cannot just make assumptions on that either.

If the OP has been living here for a number of years, it's likely she will also have to pay a fair whack for medical insurance for herself (and her DH).

I lived in the US for over 35 years. My friend had a child with disabilities that was born and raised in the US and yet still funding and medical coverage for specific things, support, and aids was a struggle.

In addition, you can purchase a policy for your child that will cover what Medicaid doesn't cover. And the cost of that policy will be a lot less than what you pay in taxes for the NHS in the UK.

You absolutely cannot know that it will be less or even at a reasonable cost as you do not know the actual circumstances of their disabilities.

Fairenuff most people don't set out to have a disabled child. When I planned on two children, I had a job and a healthy career and it never occurred to me that I would ever have to rely on someone else for something. I am now 4 years into not working because caring for my child has turned into a full time job. It doesn't sound like the OP would be having problems if she was employed and earning which she could be if she had two healthy children.

Does her husband work or is he caring for the children (which is work but not work that you would pay taxes on). Also, they would still have to pay taxes in the US so I don't think it's going to be as cheap as you think. However, it might be their only option.

The fact that the child is disabled is nothing to do with it Sofia. OP had two children knowing that she might not be able to live here with them.

Actually Alice I do know that it will be less because things are very different in the usa since the passage of the Affordable Care Act. It has made some things more difficult, but some things are much much easier. Your insurance premiums are based purely on age, sex and residence and have nothing to do with health any more.

You are liable to get more knowledgable help here talk.uk-yankee.com/index.php#2

I'm confused. Does the OP meet the income requirements for applying for ILR, and started the petition as a backup anyway? Or she doesn't meet the income requirements at all?

OP, I understand predicament and also think moving back to US is a better plan - however a couple of years ago EU law much more lenient in terms of applying to stay on family grounds by challenge through European Courts

Are you applying to remain in UK with family? www.gov.uk/remain-in-uk-family which is able to be renewed?

OP can't work as she's here on a visitor's visa. Or was here. Not sure where she is right now. I think it's her dh that has to meet the earning requirement.

ukhumanrightsblog.com/2015/04/28/leave-to-remain-spouses-have-rights-too-court-of-session-affirms/

Art 8 & Art 12 rights engaged ?

Yep, I was really asking if her DH met the requirements I guess, it isn't really clear,

Yes, the UK Yankee site not only has good info, but a couple very good immigration solicitors that frequent those boards. You can get more accurate and correct info there.

OP, I work in immigration law. As you probably know from your solicitor, even if you met the financial requirement (income of £18.6k per annum, British children do not count towards the financial requirement) you would not be able to apply for leave to remain in country as my understanding is you are here as a visitor. However, it is possible to make an application if you can rely on EX.1 of Appendix FM of the Immigration Rules:

"EX.1. This paragraph applies if
(a) [does not apply to you as you are in a relationship with the relevant children's father]

(b) the applicant has a genuine and subsisting relationship with a partner who is in the UK and is a British Citizen, settled in the UK or in the UK with refugee leave or humanitarian protection, and there are insurmountable obstacles to family life with that partner continuing outside the UK."

Rules are here:www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-fm-family-members

If this paragraph applies, you are exempted from some of the normal requirements. It sounds like there are some grounds in your case, especially if your stepson has a relationship with his mother. Furthermore, it is always open to you to make an application outside the Immigration Rules relying on human rights law. If your solicitor has not discussed this with you please raise this with them or get a second opinion.

Petitions are not a common thing to recommend though, I am surprised that your solicitor suggested that to you. I doubt it will help, EX.1 applications are notoriously difficult. Prospects of success on appeal are very slightly better. You must ensure your solicitor completes your application properly and knows about the new appeal regulations to ensure you get a right of appeal if you are refused.

Finally, you may have been deceptive in what you have said at the border. For family based applications this isn't fatal on its own, but your solicitor must address this carefully. I hope this has helped. Please ensure you have a good legal representative.

To other posters, the financial requirement here sounds simple, but it is actually quite difficult to satisfy and many relatively well off families struggle because they cannot produce the correct evidence.

OP is not the first to be in this situation and won't be the last. I am not convinced about the persuasive value of a petition as evidence but OP is of course welcome to submit this with an application. As well as making an application within the Rules, OP has the right to make one outside the Rules. The Home Secretary retains a residual discretion to grant leave outside the Rules. In addition, she has to exercise her functions in respect of immigration having regard to the safeguarding and promotion of the welfare of children in the UK. It does not matter how those children came to exist, the reality is they do exist and their welfare is a key consideration.

Sofia, I was talking about her entering the UK under a visitor visa way back when, and deciding at that point that getting married and pregnant twice didn't necessitate a review of the immigration rules as they pertained to her situation. Nothing about the U.S. Nothing about her current situation. And nothing to do with being perfect. Bog standard common sense and most people manage it. Most people put considerable effort, and years of bloody work into making damned sure they know the rules. And it is just frustrating that there are people that don't bother. It makes it much harder for everyone else.

Thankfully people like Kitt might be able to steer her in the right direction. I hope she gets to stay, and I hope she gets the support she needs, hopefully avoiding the tendency to flounce if anyone asks any questions, because that is kind of inevitable. If she thinks mn is hard work, she hasn't even touched immigration yet.