I am looking for help in enacting my right to appeal a rejection to my application for an unmarried partner visa. I have refunded the the visa on the grounds that I will fail due to the financial requirement. But my partner of 6 years and I have a 15 month old child together. Both of them are born UK citizens, I am a Canadian citizen. We have experienced issues in the last 2 years while I was on a tier 5 yms visa trying to meet the financial requirements. Then we had our first child and she became pregnant again 6 months after. I had to leave back to Canada in December of 2016 and brought our son for a visit. She was due to come out in February to pick him up and fly back. But shortly before that we lost the baby. So I had to use my savings to fly back with our son and support her and grieve with her as we never expected to lose a child. We had to deal with the funeral process which was one of the hardest experiences of my life. Since then we have become distant and worsened by me having to leave back to Canada again. She is now alone with our son. I am alone in Canada where I have no job and finding one that pays what I need per year is impossible for me in my position in life and qualification. We are not doing well in our relationship right now as she feels alone and im not doing all I can to be there. When in reality I am trying everyday to find work and better my life to get there. Its just taking to much time. I feel im going to loose both of them forever.
How can I invoke my article 8 rights. We have been together for 6 years. She spent a year in Canada. And I spent 2 years in Scotland. We have a child together. And are struggling to meet the ridiculous requirements. For us this is a very hard thing to do. She has been signed off from work and is claiming benefits which the government frowns apon and I cannot maken the requirements alone. There has to be a way I can get the visa on the basis of my human rights to private life and family under article 8. I cant do anything for my family from over here.
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