Visa refusal - British wife and child

Good afternoon.

I am looking for some advice/previous experience with a situation. My husband came to the UK as a student, he was an overstayer for only 2 months. We got married whilst he was an overstayer but he had an application pending which was refused. This was in 2014. Upon advice and several lawyers later we submitted a new application which was again refused, reason being that they could see no instroumuntable obstocale to stop us going to Sri Lanka, we appealed as I was pregnant but lost this appeal. The home office have accepted that our relationship is genunine (which it is) but they suggested he go to Sri Lanka and make an outside application, however we don't want to risk this and worry that he won't be allowed back.

We have been married 3 years, we have a new baby who is 4 months old I earn £30,000 a year in a job which I have studied for, I am currently competing further study.

Our lawyer has advised that we submit another new application for FLR (FP) as we now have a child. Im worried this is going to be another expensive application with no results. We have been at this for so long now. Any advice please

The simplest would be to apply from Sri Lanka.

FLR(FP) partner route applications are taking in excess of 6 months now and are frequently refused.

Did you marry in a Registry office?

Yes we married in a registry office in 2014.
Going back to Sri Lanka seems like a tough option for us as what if he isn't allowed back? At least being here he is with us, I know he can't help support us but he won't loose anytime away from his child.

CR001 wrote: ↑

Thu Oct 19, 2017 12:27 pm

The simplest would be to apply from Sri Lanka.

FLR(FP) partner route applications are taking in excess of 6 months now and are frequently refused.

Did you marry in a Registry office?

We got married in a registry office.
We would like to avoid going back to Sri Lanka as it means being apart and also there is no promise that he will get back to us.

Did you file an appeal against the refusal. That will be sensible if you have.

Obie wrote: ↑

Thu Oct 19, 2017 8:45 pm

Did you file an appeal against the refusal. That will be sensible if you have.

Yes we did but we lost the appeal. The judge said there was no instromoutable obstacles.basically the home office refused on the basis that I can live with my husband in his country. However my husband has been in UK 9 years and hasn't seen his family since. He doesn't have any relationship with family and would have no place to go.

I thought there has been a recent decision.

Obie wrote: ↑

Thu Oct 19, 2017 9:09 pm

I thought there has been a recent decision.

Yes sorry, we appealed which was declined then we asked for permission to appeal higher but it was refused.

Then a fresh claim is possible in light of the change of circumstances.