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Flr fp refused what can we do now

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Marriage | Unmarried Partners | Fiancé/e | Ancestry

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Daisy1977
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Flr fp refused what can we do now

Post by Daisy1977 » Sun Jun 22, 2014 10:55 am

Hi
I was wondering if anyone can give some advice please, my husband came to uk in 2006, unfortunately he overstayed, we have been trying to apply for leave to remain, the home office granted us a certificate of approval so we could marry in 2010 but have been living together since 2006. We are in a genuine relationship and i love my husband so very much, i could not live without him. I fell pregnant last year with my husband after years of trying, but unfortunately our baby died i suffered a missed miscarriage. We have placed many applications flr o flr m and recently flr fp, with the flr o and flr m HO implied our marriage was not genuine, when in fact it is, flr fp has been refused on grounds that there are no insurmountable obstacles was to why i can not move to Pakistan with my husband , on the flr fp they now admit that we are in a genuine relationship.
I stated on form that i have asthma and diabetes and hypertension and that due to my diabetes i am having specialist diabetic pre conception treatment that i would not get in Pakistan, i have never been there i do not speak the language so how would i get a job there.
The HO state that my husband will still have ties to Pakistan, his ex wife will not let him have contact with his children, his mum and dad are dead his brothers no longer talk to him, he has no job over there, no house he has been in Uk with me since 2006 and has established a life here as my husband.
Does anyone know what the HO mean by insurmountable obstacles?
is there anything else we can do now the flr fp has been refused? I really can not go to Pakistan as my mother is elderly and is not well i am her power of attorney and her carer.
i can not cope without my husband, he also looks after my mum when i am working.
Does anyone know that if my husband has to return to Pakistan, would they place a ban on him re entering? Would he be able to apply for husband visa in Pakistan so he could return to me and how long that would take?
I look forward to hearing from you and i really do appreciate any help.

Amber
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Re: Flr fp refused what can we do now

Post by Amber » Sun Jun 22, 2014 11:08 am

3.2.7c Assessing whether there are insurmountable obstacles
In determining whether there are “insurmountable obstacles”, the decision maker should consider the seriousness of the difficulties which the applicant and their partner would face in continuing their family life outside the UK, and whether they entail something that could not (or could not reasonably be expected to) be overcome, even with a degree of hardship for one or more of the individuals concerned.
The decision maker should look at whether there is an inability to live in the country concerned. The focus should also be on the family life which would be enjoyed in the country to which the applicant would be returned, not a comparison to the life they would enjoy were they to remain in the UK.
Lack of knowledge of a language spoken in the country in which the couple would be required to live would not usually amount to an insurmountable obstacle. It is reasonable to conclude that the couple must have been conversing in a commonly understood language whilst in the UK. Therefore, it is reasonable for that to continue outside the UK, whether or not the partner seeks to learn a/the language spoken in the country of proposed return.
The factors which might be relevant to the consideration of whether an insurmountable obstacle exists include but are not limited to:
(a) Ability of family to lawfully enter and stay in another country. The decision maker should consider the ability of the parties to lawfully enter and stay in the country concerned. However, the onus should be on the applicant to show that this is not possible in order for this to amount to an insurmountable obstacle. A mere wish/desire/preference to live in the UK would not amount to an insurmountable obstacle.
(b) Cultural and religious barriers. This might be relevant in situations where the partner would be so disadvantaged as for it to be unreasonable to expect them to live in that country. The test is a high one. It must be a barrier which either cannot be overcome or is unreasonable to expect a person to overcome.
(c) The impact of a mental or physical disability. Whether or not either party has a mental or physical disability, a move to another country may involve a normal period of hardship as the person adjusts to their new surroundings. But a physical or mental disability could in some circumstances mean that the degree of hardship which would be experienced by the person would be unreasonable to the extent that it amounts to an insurmountable obstacle.
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Daisy1977
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Joined: Sun Jun 22, 2014 10:14 am

Re: Flr fp refused what can we do now

Post by Daisy1977 » Sun Jun 22, 2014 11:22 am

Thank you Amber for that information, my husband does speak English, Urdu and Punjabi, i only speak English, the main language in Pakistan is Urdu i would not get a job in the hospital there as i would not be able to speak the language, My asthma is a disability, when i am in a hot country i suffer greatly with severe asthma and so i stay in the uk due to climate.
There is just no way i can move to Pakistan, feeling very stressed at the moment i just hope there is a solution to this. Thank you for the information.

Zee ali
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Re: Flr fp refused what can we do now

Post by Zee ali » Sun Jun 22, 2014 9:42 pm

Daisy1977 wrote:Thank you Amber for that information, my husband does speak English, Urdu and Punjabi, i only speak English, the main language in Pakistan is Urdu i would not get a job in the hospital there as i would not be able to speak the language, My asthma is a disability, when i am in a hot country i suffer greatly with severe asthma and so i stay in the uk due to climate.
There is just no way i can move to Pakistan, feeling very stressed at the moment i just hope there is a solution to this. Thank you for the information.
U can't speak urdu or punjabi

I doubt.

Telling the truth will give u help.
I am not an immigration adviser
Any views expressed are my own opinion and should not be considered as legal advice
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Daisy1977
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Joined: Sun Jun 22, 2014 10:14 am

Re: Flr fp refused what can we do now

Post by Daisy1977 » Sun Jun 22, 2014 10:01 pm

Zee Ali if you cant say anything helpful then don't bother saying anything at all. I was born in the UK i am British my language is English and Welsh i don't speak write or read Urdu or Punjabi. I find your comments very offensive and ask you please to not write on my post.

Amber
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Re: Flr fp refused what can we do now

Post by Amber » Sun Jun 22, 2014 10:24 pm

My husband is Pakistani and speaks Urdu and Punjabi, I can't speak or read either.
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Wanderer
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Re: Flr fp refused what can we do now

Post by Wanderer » Sun Jun 22, 2014 10:58 pm

I don't speak Urdu or Panjabi but I do speak reasonable Russian, one of the more difficult languages with monumentally complex inflections but let's not go there. That being the native language of my partner.

I could survive there if I had to, and I wouldn't mind the adventure to be honest, but ultimately, I shouldn't have to, and whilst I pretty much in favour of tight immigration controls, the argument that you could just to to his/her country and relocate is absurd.

I haven't got an answer, just venting!
An chéad stad eile Stáisiún Uí Chonghaile....

jak91
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Joined: Mon Nov 24, 2014 4:37 am

Re: Flr fp refused what can we do now

Post by jak91 » Mon Nov 24, 2014 4:43 am

hi, just checking any update on your husband case<i have similar situation please update me whats going on with the case.
many thanks,

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