FLR M refused - do I face deportation?

I have applied on the basis of exceptional circumstances.

Alsace67000 wrote: ↑

Sat Sep 12, 2020 4:44 pm

I have applied on the basis of exceptional circumstances.

Having a brother in law with arthritis is "exceptional circumstances"?

You probably confused France and United Kingdom when it comes to immigration.

In France, the rule is: just stay by any means. Fill as many applications as possible. Make it complex. Drag it over time. Then sooner or later, they are fed up of seeing you and they will issue a residence card.

I don't believe that this is the correct approach with the Home Office.

Sorry to be honest, but you sound like just someone who want to flout the rules. As you may know, there are a lot of British people living across the world with their other half and kids because they don't meet the criteria to return to the UK. There are even separated households, involving kids who see a mother or a father on FaceTime or Zoom. This is just to articulate how strong these immigration barriers are.

You can't just expect to jump the stack by claiming your wife has a brother in law with arthritis and depression. In my family network, I can easily identify 5 people with arthritis and twice as many feeling depressed to various levels. In this day and age, pretty much everyone has someone in the family with depression, obsessional troubles, insomnia, epigastric hernia... etc. But you can hardly build a valid immigration case by the claim that this person needs your constant care.

Your wife is British. She can stay as much as she wants. She doesn't need to justify her presence by being a carer of anyone. But she doesn't meet the criteria to sponsor you.

There are other British people who MUST stay in the UK because themselves have NHS treatments, or kids at school... but they can't bring their other half because they don't meet the criteria.

So beyond your specific circumstances, there is nothing that says if a British can't leave the UK for whatever reason, the Home Office must drop the revenue and housing eligibility criteria.

@Zerubbabel
If you read my post correctly my wife has depression and arthritis.
Regarding the brother in law he’s my brother in law, not hers.
As I’ve mentioned to you before i am not obliged to tell you the reasons why I’m applying - there is more to my application but I don’t HAVE to mention it on a public forum.
You sound very stern. No need to be. There’s no hate

Saying that your family members have arthritis and depression too is like saying “don’t be sad. There are people more upset than you.”
She’s had multiple operations, complications and secondary conditions related to her arthritis and permanent cartilage damage. So please don’t underestimate medical conditions. I’m sorry to hear your family members are suffering with these problems but my wife is just as important too.

The way I see it, it has nothing to do with the situation regarding your family members. It's a case of (if I understood the situation correctly) you came to the UK on a visa visit, knowing that it is a condition of that visit visa that you leave at the end of the permitted time. Period. If you overstay you only undermine any possible case you might have to apply to come again, on whatever basis. Most other people follow the rules. That's the reality of it.

@arjay yes you’ve understood my situation correctly. I did not do the application myself rather my solicitor did It for me, she told me it was fine because of COVID and that if I could apply on basis of exceptional circumstances (which I do have but haven’t mentioned everything here, hope you understand). She said the visa in which I entered the UK with didn’t matter. But then again she told me my application was FLR M and allll this time I thought it was so she may just be wrong.

Thanks for your reply.

Alsace,

How can you receive accurate advice if you will not give your circumstance? This is a public forum, yes, but no one knows who you are, and so telling people your situation does not identify you, but will let the knowledgeable people here help better.

As has been pointed out, what you might feel are exceptional circumstances, could in fact be unimportant in the eyes of the HO. But no one on here can help until you tell what it is all about.

THO.

Alsace67000 wrote: ↑

Mon Sep 14, 2020 5:25 am

@arjay yes you’ve understood my situation correctly. I did not do the application myself rather my solicitor did It for me, she told me it was fine because of COVID and that if I could apply on basis of exceptional circumstances (which I do have but haven’t mentioned everything here, hope you understand). She said the visa in which I entered the UK with didn’t matter. But then again she told me my application was FLR M and allll this time I thought it was so she may just be wrong.

Thanks for your reply.

You keep repeating you can not tell everything yet you want appropriate advice, how are you going to get it then?
Maybe you should stick to your knowledgeable lawyer while others who do really need and got no means to a second opinion can be assisted by the mods and gurus on here.

I believe that the OP doesn't realise what "exceptional circumstances" mean.

This couple doesn't meet the financial criteria. So they came in with a visitor visa for the husband then immediately registered for benefits and claimed that exceptional circumstances such as arthritis and depression for the brother in law happened during that visit.

It looks like a blatant disregard of immigration laws. I understand that such attitudes are rewarded in France, but I am really interested by the outcome of this case in the UK. If it works, it means that thousands of British citizens that are stuck outside the UK with their other half or sometimes in the UK with kids but separated from wife/husband can just use a visitor visa and claim "exceptional circumstances" based on any illness in the family.

I got a reply for my original post. I then asked if I’d face deportation and I got my response. I didn’t ask for further advice. I’ve literally been explaining myself in circles for the past god knows how many replies. That’s why I’m saying I don’t need to say anything because I’m not excepting any further advice...i know that if I need further advice I’ll need to explain my situation.

And no we didn’t just enter on a visit visa to stay permanently. My wife was claiming these benefits already - we didn’t come on a visit to claim benefits...that’s stupid and immature. I know people who have broken immigration laws and I’ve condemned it - I’m not one to do the same. Seems like I didn’t explain properly because somehow everyone has the impression I’m doing something wrong.

I came here as a visitor. I got held back because of corona. It was 4 months into my stay when I planned to stay 1 month. My wife meanwhile has some medical problems and also cares for my brother in law. (She’s been caring before my visit) There are also significant problems arose that Meant I’d find life difficult if I had to go back to France or Bangladesh. It’d also be difficult for my wife and I to integrate there.

^ and NO this isn’t me asking for advice this is me explaining how I’m not breaking any rules and how my application was genuine because at the time I could switch my visa due to COVID.I literally feel like everything is attacking me or blaming me for something that I haven’t done. I wouldn’t like to discuss this further as like I said I’ve got my answers ages ago and don’t need advice. So yes instead of everyone wasting their time here they can help people who need it. I’ve seen loads of unanswered topics.

Zerubbabel wrote: ↑

Mon Sep 14, 2020 11:00 am

I believe that the OP doesn't realise what "exceptional circumstances" mean.

This couple doesn't meet the financial criteria. So they came in with a visitor visa for the husband then immediately registered for benefits and claimed that exceptional circumstances such as arthritis and depression for the brother in law happened during that visit.

It looks like a blatant disregard of immigration laws. I understand that such attitudes are rewarded in France, but I am really interested by the outcome of this case in the UK. If it works, it means that thousands of British citizens that are stuck outside the UK with their other half or sometimes in the UK with kids but separated from wife/husband can just use a visitor visa and claim "exceptional circumstances" based on any illness in the family.

Not at all @Zerubbabel. If that’s your interpretation then fine, but I don’t need you telling me what my application is based on. Seems like you think you know more about me, well either way hard work pays off and so does a GENUINE application because I got my BRP on Tuesday. So thanks for your advice.

Alsace67000 wrote: ↑

Thu Aug 27, 2020 8:46 pm

I am a Bangladeshi national and French resident. I applied for a visit visa and arrived in the UK from France in January 2020.
I travelled with my wife who was living with me for 3 months in France, she is a British National.
We ended up facing some unexpected problems - my wife ended up becoming a carer for my brother in law in the UK and she herself became diagnosed with a disability. She now receives carers allowance and the limited capability for work and work related activity element of universal credit.

Alsace67000 wrote: ↑

Mon Sep 14, 2020 12:15 pm

And no we didn’t just enter on a visit visa to stay permanently. My wife was claiming these benefits already - we didn’t come on a visit to claim benefits...that’s stupid and immature.

She cannot claim Universal Credit while living abroad. Up to one month is the limit to be on holiday outside the UK for Universal Credit, provided she informs the DWP before she goes.

Benefit fraud

You’re committing benefit fraud if you:

do not tell the office that pays your benefit you’re going abroad, even if it’s just for a visit

https://www.gov.uk/claim-benefits-abroad

Alsace67000 wrote: ↑

Thu Aug 27, 2020 8:46 pm

I am a Bangladeshi national and French resident. I applied for a visit visa and arrived in the UK from France in January 2020.
I travelled with my wife who was living with me for 3 months in France, she is a British National.

What was she doing in France? Explore Surinder Singh route.

Alsace67000 wrote: ↑

Thu Oct 01, 2020 7:35 pm

Zerubbabel wrote: ↑

Mon Sep 14, 2020 11:00 am

I believe that the OP doesn't realise what "exceptional circumstances" mean.

This couple doesn't meet the financial criteria. So they came in with a visitor visa for the husband then immediately registered for benefits and claimed that exceptional circumstances such as arthritis and depression for the brother in law happened during that visit.

It looks like a blatant disregard of immigration laws. I understand that such attitudes are rewarded in France, but I am really interested by the outcome of this case in the UK. If it works, it means that thousands of British citizens that are stuck outside the UK with their other half or sometimes in the UK with kids but separated from wife/husband can just use a visitor visa and claim "exceptional circumstances" based on any illness in the family.

Not at all @Zerubbabel. If that’s your interpretation then fine, but I don’t need you telling me what my application is based on. Seems like you think you know more about me, well either way hard work pays off and so does a GENUINE application because I got my BRP on Tuesday. So thanks for your advice.

All the best then mate. You are the luckiest person alive then.

JB007 wrote: ↑

Thu Oct 01, 2020 8:29 pm

Alsace67000 wrote: ↑

Thu Aug 27, 2020 8:46 pm

I am a Bangladeshi national and French resident. I applied for a visit visa and arrived in the UK from France in January 2020.
I travelled with my wife who was living with me for 3 months in France, she is a British National.
We ended up facing some unexpected problems - my wife ended up becoming a carer for my brother in law in the UK and she herself became diagnosed with a disability. She now receives carers allowance and the limited capability for work and work related activity element of universal credit.

Alsace67000 wrote: ↑

Mon Sep 14, 2020 12:15 pm

And no we didn’t just enter on a visit visa to stay permanently. My wife was claiming these benefits already - we didn’t come on a visit to claim benefits...that’s stupid and immature.

She cannot claim Universal Credit while living abroad. Up to one month is the limit to be on holiday outside the UK for Universal Credit, provided she informs the DWP before she goes.

Benefit fraud

You’re committing benefit fraud if you:

do not tell the office that pays your benefit you’re going abroad, even if it’s just for a visit

https://www.gov.uk/claim-benefits-abroad

She was claiming these benefits before moving to France, notified DWP and they ended her claims. Upon arrival in Uk she resumed receiving these benefits.

vinny wrote: ↑

Fri Oct 02, 2020 1:55 am

Alsace67000 wrote: ↑

Thu Aug 27, 2020 8:46 pm

I am a Bangladeshi national and French resident. I applied for a visit visa and arrived in the UK from France in January 2020.
I travelled with my wife who was living with me for 3 months in France, she is a British National.

What was she doing in France? Explore Surinder Singh route.

She joined me in France after we got married. It was temporary - if we stayed longer and if she knew some french or had a sense of community there we could’ve gone down that route. But she has no links to France e.g residency so we didn’t apply for Surinder Singh. Thanks for your suggestion. I got my brp Tuesday