What form ?

[welshoz]

Hello, newbie with a question regarding what form to use.
I am australian in uk on visitor visa and I am an overstayer.
My 14 yr old son is British and in school in uk
I came to uk with my son as he is autistic and australia education system wouldnt help him.
My husband is in UK and british and was in uk ahead of me but lost his job. That is why I am an overstayer as we don't have the money for spouse application.
I have read that I could apply for leave to remain and am asking what the correct form is. Problem is that I have no cash for the fees. Is there any way that the fees are waived. If so, what do I need to do, I am going to citizens advise also.

THanks in advance

[CR001]

Is your son British too??

How long have you been in the UK??

When did your 6 months as a visitor end?

You should have returned home. You wouldn't have been able to switch to a spouse visa as a visitor anyway, it is not permitted in the immigration rules.

You should apply on FLR(FP) 10 year partner route. Don't think you will qualify for a fee waiver though and on top of the visa fee, you have to pay the immigration health surcharge of £500.

[welshoz]

Thanks for your post.
I am australian, my son and husband are british (son born in australia but british by his father)
I am overstayer by one year.
With my son being autistic he needs both parents here in uk. I am not scared of telling the home office that I am here as an overstayer as I believe that I have an extremely strong case for remaining.
my husband is working on a low wage but still supporting me and I haven't taken any illegal work while here.

I would say that if the home office wants to remove me, I would be entitled to free legal help for an appeal which would be a waste of time and money to the government given my case to remain is certainly strong:

14 yr old BRITISH SON IN SCHOOL WITH SEVERE DISABILITY
BRITISH HUSBAND IN UK SUPPORTING ME

Thoughts ?
Thanks

[CR001]

14 yr old BRITISH SON IN SCHOOL WITH SEVERE DISABILITY
BRITISH HUSBAND IN UK SUPPORTING ME

No need to SHOUT!!

FLR(FP) partner route is the only option to you then if your husband does not earn at least £18,600pa but it is a long route - 2 x 2.5 year visas - before you will qualify for Indefinite Leave to Remain. FLR(FP) approval of course is also not guaranteed and HO can and often do refuse requests for a fee waiver.

No one here is judging you, so not sure why you are getting defensive.

An example so you understand what you are up against, recently a woman who had lived here for around 30 years with a British spouse/children and grandchildren was deported.

We tell it as it is, no sugarcoating and only give advice based on what the rules are. HO applies the rules and sometimes discretion, but they don't base decisions on emotions.

[welshoz]

My husband says that our situation could be covered by article 8 of the human rights convention as it relates to, family life.
Family life includes the right to have and maintain family relationships. It covers your right not to be separated from your family. ???

I am fully aware that the HO applies rules and within those rules, discretion. My husband prefers to use LAW as a starting point, not rules and as such will find anything in law that can be used to bolster a case. We are both fully aware that decisions aren't based on emotion however, my husband is 54, lived in canada 19 yrs, australia 15 years and now back in uk and has dealt with many government agencies including the UK and he says that emotion does in fact travel long distances when you get the attention of your local mp's, especially when you get that MP to emotionally request the "discretion" you mention.....

Thanks

[CR001]

Oh well, if he knows LAWS, then good luck. Immigration Rules are actually LAWS, just called rules.

Private life after only living 1 year in the UK?? HO could well take the view that having lived in Oz for 15 years, you could go back (it is after all not a third world country or one ravaged by war). He wouldn't be the first that HO says this to after an FLR(FP) application is refused for a spouse who entered the UK on a visitor visa.

I will leave others to advise, should they wish to.

[Casa]

I believe that CR001 intended to write in her earlier post...10 year route = 4 x 2.5 year visas under FLR(FP) Partner route.

[welshoz]

Oh well, if he knows LAWS, then good luck. Immigration Rules are actually LAWS, just called rules.

Thanks for taking the time to respond. For the record though I believe that closer scrutiny will show that rules are not laws. The weight of Law is much heavier than any rule. In simple terms for a layperson on an internet forum, Laws can be described as the "legal" version of the rules and that Sir, is the reason that rules most often have doors open for discretion where laws mostly do not.

Mind you, you could have found that out with a simple google search if you didn't know the difference...

Cheers

[Casa]

Both CR001 and I are female.

Note:
"The Immigration Rules are some of the most important pieces of legislation that make up the UK’s immigration law"

https://www.gov.uk/guidance/immigration-rules

[welshoz]

Thanks to both of you for your replies.
My being in the uk couldn't be planned as my son is high functioning autistic and the education system in Australia is sadly lacking for ANY child with special needs.
We fought long and hard for him but realised the best chance he had at an education and preparation for worklife was in UK.
My husband came to UK ahead of myself and son to get a job and house rental in March 2015 & we followed in October 2015 with the intention that I would return to Australia until we were financially ready for me to apply for spouse visa.
Husband got laid off from his job 2 weeks after I arrived and things went pear-shaped. Job seekers and housing benefit for months and with me on visitor visa, no recourse to social funds.
Fought with council to get son a school for a year and he now is settled in a wonderful school that has transformed him.
Now if I were compelled to return to oz my son would suffer as he needs both parents right now.
Financial problems even now husband back working as not entitled to help for son as even though british citizen, doesn't qualify as not in uk 3 yrs.

So............ the fight goes on for my son, for my family. We are without funds, not without passion for a fight though......

[Casa]

Regarding your financial circumstances, have you looked into claiming Child Tax Credits and Child Benefit? These aren't subject to the habitual residence test.

Tax Credits must be claimed in joint names, child benefit in your husband's name only.

[welshoz]

Husband receives child benefit & tax credit however, the tax credit will end soon I think as he was working overtime for a while and this will be reflected on his tax credit or child benefit for 2017 tax year. Issue there is that he hasn't worked any overtime since autumn last yr.

At least if I can somehow get legal with work rights I can get a job. part time minimum wage income would equal a liveable income.

Husband was on jobseeker's so passed the habitual residency test