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

[Puzzledandpissedoff]

Could it be because their immigration rules are tougher than ours?

There's no "could be" about it ... at least for those who apply legally, the US immigration/naturalization requirements are an absolute swine

[AliceDoesntLiveHereAnymore]

Roisin He DOES have that right, but they chose to ignore the laws regarding immigration and didn't apply for the appropriate visas. It appears that she's basically been living here illegally for the last few years since they've married.

Yes, the laws are hugely restrictive, but that means that they need to be changed, NOT that people should just ignore them.

[Fairenuff]

The millions of people who voted for the Tories were heartless bastards or stupid or naive. Not all were heartless bastards.

Genuinely ItsAll, would you not have any immigration control? I'm interested in where you stand.

[Rebecca2014]

I think it is terrible we have open borders to the EU which allows criminals to freely walk in yet they make it so hard and expensive for people outside the EU to immigrate here. Not fair and I feel for you OP, to be honest this country going to shit anyway so your family properly better off in America.

[HermioneWeasley]

Last week we had the grossly irresponsible parents of Evie in the DR. This week, this.

Is nobody responsible for their decisions any more?

[AnneElliott]

Op, I agree with ithers who have questioned your solicitor. I've worked for UKBA and sols that advise this sort of this sort of thing are ones to be avoided.

I am sympathetic to your situation, but you would need to show why you all can't live in the U.S., as that is going to be their first question at appeal ( if you are turned down).

Also, you haven't been clear about your previous status here, but I find it hard to believe you've been on a visitor visa the whole time. I think you would have been picked up at entry after a coupe of times and denied entry. I think it's more likely that you came on a visitor visa and then overstayed?

[MargoReadbetter]

There are three children who need their mum. Wrangling over what should have been done is not going to change that. People ask for the help of strangers when they're desperate. Leave her alone, ignore her if you can't bear it, don't make her feel worse.

[MargoReadbetter]

BTW I got married under a visitors visa. Too young and unworldly wise at the time. It's twenty years later now, stil married. I also took ten years to change my passport. I didn't want to become a subject, I wanted to stay a citizen. People just do weird things. Doesn't make them evil FFS.

[AliceDoesntLiveHereAnymore]

We're not saying she's evil FFS. We're saying she stayed illegally and should have known better. Twenty years ago, things were a lot different. The laws were different, information wasn't nearly as accessible as it is now. She's desperate now because she deliberately ignored the laws in place when she got married and in the years since then.

We're also saying she needs a better solicitor, and that she does have other options if her Leave to Remain is denied.

Personally, I'd have more respect for her and her situation if she said "We were stupid and broke the laws over this, but I need to sort this now, and need suggestions on how to fix it." Not this pretence at being victimised by immigration laws and puling out her children's disabilities as a focal point.

[Nonnainglese]

The OP's situation is as clear as mud.
There's a half-cocked story, a dubious tale about a solicitor telling her to set up a petition and ,to put it mildly, she's being at the very least economical with the truth not to mention extremely devious.

Desperation perhaps, but only because the sh1ts hit the fan because she 'forgot' to follow the correct procedure.

Yep, I'm a cynic.

[MargoReadbetter]

Well, ok, it's maybe a cultural thing. It's the sentimental shite that would work in the USA, you know big Govt against independent little people, not letting us own guns and stuff. (Just by way of example, before anyone jumps on me.) Utlimately it needs sorting out. A petition is a bizarre way to go about it but don't kick Her when she's down. I think that's what I meant.

[Micah]

Those saying we're all horrible bitches...

If I knowingly decide not to pay my council tax, or some other illegal activity, I can simply start a petition, cry that my children need a mother, I can't possibly be separated from them and imprisoned.

You will all say no it's ok, Its in the past, I didn't mean to put my kids at risk of a mother in prison, and I should just be allowed to get away with it? People shouldn't make me feel worse?

Or maybe you'd say I knew the consequences of my actions and I should take some responsibility. Maybe negotiate a payment plan or some other attempt to put myself back within the law and escape being separated from my kids.

[ObsidianBlackbirdMcNight]

I'm not heartless
I have been through the process of my spouse applying for ILR and yes that was after we had a child - and we messed up with dates and were unable to apply for an extension to his TLR and he hadn't passed the test to apply for ILR so for about 2 months he had no visa yet was here. We were shitting ourselves. We had nobody to blame but ourselves and I wouldn't have dreamt of starting a heart tugging petition before his application was even heard!
The rules are awful and complicated and even harder now than when we applied but you have to follow the process

[MargoReadbetter]

Micah, that's hardly comparing like for like. i would have sympathy for you too in that situation as I'd assume you were stupid (not the kids' fault), overwhelmed (not their fault), mendacious (not their fault) etc.

Maybe the OP is one of those who'll then come back on threads to extol the virtue of staying at home and looking after your own and why have them if you can't look after them etc. I want to think I'm above keeping it against her and you can acuse me if being a bleeding heart who is fooled by 'won't someone think of the children'.

[specialsubject]

quote from upthread:

"Personally, I'd have more respect for her and her situation if she said "We were stupid and broke the laws over this, but I need to sort this now, and need suggestions on how to fix it." Not this pretence at being victimised by immigration laws and puling out her children's disabilities as a focal point."

yes. In spades. Exactly. Grow up, step up, recognise you messed up, 'fess up and then have an open mind for advice on how to fix your gross cock-up.

might get more sympathy and help that way.

[Kinsman]

As PPs have said the OPs solicitor has given her incredibly poor advice and seems to me to be downright lazy. The petition is a very bad idea and will not hold much sway.

If anything she needs a new solicitor, wait for the ILR application to be refused and then appeal through the appropriate channels.

As for the financial requirements, they are an absolute minefield, not clear cut at all and from personal experience are ridiculously 'open to interpretation'.

[PeopleLieActionsDont]

There are some proper spiteful posts here.
I don't think that a person's right to live as a family should depend upon salary - that's one step away from saying poor people shouldn't have kids!
Being on a genuine marriage should be a good enough reason to remain here!

I will sign your petition. Best wishes for the future x

[PeopleLieActionsDont]

Immigration solicitors can give fucking awful advice sometimes. I think there is some sort of grading system for these solicitors and you need one with a level 3 or something.

[AliceDoesntLiveHereAnymore]

People Most of us that have dealt with immigration laws don't think a person's right to live as a family should depend on salary either. The income requirements are just dreadful and make it very difficult for the average person to qualify. It doesn't, however, mean you can thumb your nose at the laws and then make yourself out to be a victim.

[PeopleLieActionsDont]

Some laws are bloody stupid though.

You can be the scummiest piece of shit alive, and be allowed to live freely in this country if you come from Europe, but an American, married to a Brit and with two British children, faces deportation. It's all arse about face!

[saucony]

Alice You speak sense. I think the children are victims, particularly OP's little one.

[AliceDoesntLiveHereAnymore]

I do feel it's wrong, but unfortunately those are the laws, and they need to be followed. Ideally, it'd be nice to see it changed, but it's unlikely to happen, as they place unrealistic income expectations on legal immigration IMO to offset the lack of control they have over illegal immigration and those coming from the EU. They also set these laws because many of the public like to hear a good sound byte about controlling immigration but don't stop to think that those paying the visa fees are NOT the ones coming in illegally. Politicians come out looking like they're attempting to control immigration, even though they've done nothing.

[Patapouf]

The PPs stating that criminals from the EU are allowed to stay etc etc you really need to read up on freedom of movement.
If you are not exceed owing a treaty right you have to right to reside, if you cannot prove you have a reasonable chance of exercising those rights in the near future you face deportation.
If you pose a threat to public health, public security or policy you face deportation. If the government isn't acting to deport EU criminals it's not because they can't legally. And quite frankly it's got fuck all to do with anything.
The rules were made stricter in 2012 I a pathetic attempt to stem immigration so the Tories could meet their annual target. They didn't but decided that they were quite happy to keep poorer families apart anyway, even if that means many had to rely on benefits because their spouse (who would have been perfectly capable of earning a wage) was kept out of the country.

I do think immigration controls are important but I lore the EU. However, it is not fair that a citizen of any other EU country can bring their non-EU spouse to the UK with no hassle but a British citizen has to jump through expensive hoops for years and years.

As many have said, just because the rules are shit doesn't mean you don't have to follow them and it's people like the OP that have led the govt, to crack down on immigration.

[Patapouf]

Exceed owing = exercising, lore =love

As for peoplelie I really hope you aren't suggesting American migrants are somehow better than citizens of any other country and are more deserving of a visa?

[PeopleLieActionsDont]

Patapouf I am certainly suggesting that a non EU citizen, married to a Brit and with British children should have more right to remain here than someone from Europe who just fancies living here, but has no ties to this country!