Partner here illegally. Cannot go on like this....

[anon247]

I have been with my partner for over 3 years. We live together in London and have an 11 month old son together. I work as a nurse on the NHS and take home just enough to cover the bills for all of us.

My partner came here illegally over 4 years ago. Originally he was working but now has no job, no papers, nothing. He is very depressed, losing a lot of weight, unable to sleep. His fear is that he'll be sent home never to return and see his family.

We paid a solicitor £1000 cash to try and sort this problem, he sent in an application for him to stay on the basis that he had a British child, but as he is not the sole carer of the child it was refused. He has offered to do a different application but that will be another £500+ I don't want to keep throwing money away on failed applications.

I am finding it very hard to see my partner now weighing under 60kg and barely eating. I had even considered calling UKBA ourself as a kind of 'do or die' because we cannot go on like this.

I cannot move to his country as I have an 11 year old from a previous relationship.

Does anyone have any good advice for what I can do now?

[INSIDER]

Any reason why he can't return to his own country and make an application to join you in the UK from there in the appropriate category?

[wiggsy]

I work as a nurse on the NHS and take home just enough to cover the bills for all of us.

perhaps this?






I kinda know what you mean OP. my wife has been here under an IS96 for three years now.

UKBA cannot (attempt) deport him, it would open up a JR... under article 8 most likely fail.

the UKBA will most likely wait until after april and then start breaking families up - using the fact that legal aid cannot be applied for immigration cases post april.

LEGAL AID: have you tried using it?

we were advised not to use it, by our previous solicitors, and forked out rediculous amounts of cash... to no luck etc... (cash for applications etc)

BTW: you paid a grand for a solicitor to fill in the EEA2 form? ?

keep applying under EEA2, state lots of reasons why YOU are not the primary carer ie: you work to support your family... etc.

an application under EEA2 is FREE (just pay postage and photos and print off the forms...)
http://www.immigrationboards.com/viewtopic.php?t=122482

the advise i have been given in my thread will most likely help you.

but:

i know you cannot leave the country indefinately... how about short term? six months?

use freemovement EU law... work in another country. get an EEA national worker card in that country. and then return to the uk LEGALLY with your husband after six months?
- he doesnt necessarily need a visa at this point. freemovement states he can rock up to the port and expect entry - just needs proof of identity and family ties to you or your child etc.

is it a serious relationship?
GET MARRIED: registry office is cheap etc... it will strenthen your case.
and you can normally be married within a month or two.


I fear after april all bets are off and UKBA will attempt removals. hoping people cant afford the £1500 JR fee etc.

go to a solicitor and get them to open a FLR(M) application and sort legal aid certificate now. (cases that go past 1st of april can still be funded by an exisiting LSC cert as long as the work falls within the scope of the cert (IE: appeals and JR ETC)

FLR(M) application fee is about 580 quid (not certain sorry) but you can actually ASK FOR EXCEMPTION because paying the fee could cause you hardship (your OH does not/cannot work, you are the sole earner with two children to provide for ETC)

BTW: do you claim tax credits ETC? is your OH on your claim if so, if not its fraud - and will go against you... legally he is allowed to be on your claim... since youve put an application for leave UKBA know about his presence etc so nothing to loose.

what reasons were given for refusal? just that he is not the sole primary carer? - you need to remove yourself as a primary carer in some (honest) way.... the best way would be you would be left as a single mother to two children, and therefore unable to continue to support your family - and therefore reliant on the state for funding etc. (this approach our solicitor agreed was a good one) = state your partner is the full time carer for your child from previous relationship etc whilst you work too.

the best interest of any child, even step children need to be considered - include supporting evidence (letters from yourself, and partner etc)

when was the last refusal - if it was less than 3 months ago, have you approached a solicitor about appeal/judicial review?