Partner refusal

[Jules2011]

Hello

My fiance has been refused indefinate stay and we have to appeal next month.
I am a British Citizen. he is from the Seychelles. We have two children together who were born here.

The UK Border agency has accepted we are a family however say that I could move to the Seychelles for us to stay together.

I have many medical problems here and feel that a move abroad would not help me and infact make them worse. I need my family for help and support, including my fiance. I am classed as a vulnerable person
because of my depression

There are various issues which I think would stop me from getting a residence permit for the Seychelles.
Mental Health issues,
No money to support myself, no job and no way of making a significant contribution to the country that I can forsee as I dont know when I can go back to work.
My children have health issues that are being seen to locally

I can support this with written evidence from mecial experts.

Can they enforce tjhis and make me go to the Seychelles so our family can stay together?

And is this a good enough reason to accept that my partner should stay?

Thanks in advance

[Kitty]

Hi Jules2011. Sorry to hear about the refusal. It would help if you could post the exact refusal wording from the refusal notice, and say what kind of application your partner made (for example, was it on form FLR(M)?), and what his immigraion history is in the UK.

[Jules2011]

Hi

We are appealing on Human rights grounds. this is because I cant go back to Bahrain where my family is settled because we are not married.

the appeal is on a form IAFT-1

Immigration history is that he has been living here on a vistors visa since July 24th 2009. I sent off my paperwork before my visa expired.
I have had no problems with immigration. They have my pasport and Im ok to stay whilst the appeal is ongoing.
The wording says:

Refusal to vary leave or variation of leave Paragrah 322 (1) of HC395
(Name Solicitors) applied on your behalf for leave to remain in the UK for purposes not covered by the immigration rules and under artcle 8 of the European convention on Human rights but your application has been refused
The Secretary of state is not satisfied leave to remain is being sort for a purpose covered by Immigration Rules
Your right to appeal against this decsion under section 82(1) of the 2002 Act is limited because it was taken on the grounds that you are seeking to remain in the UK for a purpose other than one for which is permitted by immigration rules section 88 (2) (d)
You should not appeal on grounds that do not apply to you. You must also give arguments and supporting evidence which justifies your grounds.

then the human rights have decided:
Given the evidence provided it is accepted that these relationships do constitute family life for the purposes of Article 8 (human rights)Hope this is ok I know its about Human Rights and its confusing sorry

[Jules2011]

sorry I said I in the first paragragh and not "he" my partner and his family are in Bahrain

[Kitty]

Are you still getting advice from the same solicitor? What do they say?

The reasons you have posted are confusing: you are talking about your partner/fiancé, with whom you have children, and you say that UKBA do not recognise these relationships as amounting to "family life".

Can you post the full text of the refusal?

[Casa]

If your partner has only been living in the UK since July 2011 I assume you're unable to show evidence that you have been living together in a relationship 'akin to marriage' for a minimum of 2 years?

[vinny]

What's your partner's current UK immigration status and how long has your partner been living with you?

[Jules2011]

Im confusing you, sorry...its a huge mess... they have established that we are a family.

My partner was here on a visitors permit which has been extended whilst this goes on. because he has children here he had no problems gettings in each time.
hes been here since 2008 using the visitors permit, going back after 6 months and re-entering the country.

The solicitor thinks we have a 50% chance.
in the original judgement they hadnt taken into consideration, my health, the childrens heath, the family connection..ie my network.

i posted the original text before regarding the judgement

we have evidence but they talked of us going to the SEchelles to keep the family together. but im not sure I can get a residence permit, he has no family there, they are in Bahrain. His visa to Bahrain has now expired and we couldnt go there because wwe are unmarried with children

[vinny]

The refusal against ILR appears to be correct. However, your partner may be granted Discretionary Leave.