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ADVICE ON OPTIONS

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé/e | Ancestry

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Zulf27
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Ghana

ADVICE ON OPTIONS

Post by Zulf27 » Sat Nov 25, 2017 12:54 pm

I was married to an Australian National back in Ghana but we split for some time during which I met a British at a city for work and we dated briefly. I try to get a divorce but my husband suggested we at least work our differences so uk holiday was planned together. When my docs were submitted I discovered I was pregnant 18w so trip was canceled but the visa was granted anyways.

Complicated part of the story is, since we expecting a baby, me and my British partner officially started a relationship while divorce was filed. He was due for leave so we decided to take a 2w holiday to visit his family and a doc declared me capable of flying. Button line is I couldn’t go back cos of health issues and had my baby who’s British one month before my visit visa will expire.

I didn’t want to be an overstayer and I can’t return during the limited time left cos my surgery required a 8 weeks recovery period and the baby requires a bcg (tb vaccine) to enter high risk country like Ghana and other childhood immunizations. So we made flr (m) unmarried partner since my divorce was granted and it was refused with right of appeal.

Refusal stated my initial application didn’t include my sponsor so they believe I used deception. And I don’t have exceptional circumstances.

Options 1: do I apply to clear out the deception tag as I read it can take up to 10year ban. And also start fact that my British child required health care as he’s prone to disease. What are my chances.

We have to return to Ghana anyways as my partner works there and don’t require settlement visa at this stage. But latest we can leave the country will be after March when he’s got all his Immunisation. My visa expires 31.10.17 application made 29.09.17

Option 2: do we just leave and apply for family visit long term visa as my partner have a house he pays mortgage on here and grandparents will like to meet their grandson so we will need visits to the UK. What are the chances there too?

Which option will you recommend? We confused as the appeal process will separate us with him just working in Ghana and we here chasing appeal which can take up to one year. He will miss his son growing up :(

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CR001
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Re: ADVICE ON OPTIONS

Post by CR001 » Sat Nov 25, 2017 1:16 pm

Did you pay for the NHS services for the birth of your child as you were not entitled to this free service as a visitor?

When you applied for FLR(M), did you not mention your British partner (your post isn't clear)??

For an unmarried partner, you require a mandatory period of 2 years living together with evidence of this cohabitation in a relationship akin to marriage. If you don't have that, then the refusal was correct.

You are also not able to switch to any other visa category if you are in the UK as a visitor.

It would have been a better option to extend your visitor visa instead.
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Zulf27
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Posts: 12
Joined: Sun Nov 19, 2017 10:06 am
Ghana

Re: ADVICE ON OPTIONS

Post by Zulf27 » Sat Nov 25, 2017 1:23 pm

My NHS was paid for in full. And my British partner wasn’t started in my initial visit visa of entry.

Yes we don’t qualify but there’s no option for extensions in the uk. We looking for best options

Is there a way to write to HO and explain the situation with PAP for March or reapply or appeal?

Confused

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CR001
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Re: ADVICE ON OPTIONS

Post by CR001 » Sat Nov 25, 2017 1:46 pm

Would have been more sensible to do a Visit visa extension (click)
Char (CR001 not Casa)
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Zulf27
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Ghana

Re: ADVICE ON OPTIONS

Post by Zulf27 » Sat Nov 25, 2017 2:29 pm

thanks i just read it and it makes more sense since we all staying for medical reason. an additional couple of months is all we need.

will do that asap was my refusal was dated 16.11.17 and stated ROA or reapply.

really appreciate

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CR001
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Re: ADVICE ON OPTIONS

Post by CR001 » Sat Nov 25, 2017 2:38 pm

You might not be able to extend your visitor visa if your previous visa has already expired.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

Zulf27
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Posts: 12
Joined: Sun Nov 19, 2017 10:06 am
Ghana

Re: ADVICE ON OPTIONS

Post by Zulf27 » Sat Nov 25, 2017 3:03 pm

I applied on 29.09.17 for flr (M) a month before the expiry of my visa which was refused dated 16.11.17 with options to appeal or reapply.

in that case can i apply a new visa under flr (IR) to extend my visit visa?

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