private life case 9 years residence

[hasy2017]

Hi all, I am finding myself in a rather tricky situation. I am married to a british spouse but getting divorced as she had an abortion without my consent. I understand she is within her rights to do it but this has psychologically affected me and I don't want to carry on with this relationship. Hence applying for a divorce. I am putting in a private life application as I thought Ill give it a shot. This board is full of family life cases but nothing solely on basis of private life. I have a house here which I will loose if I have to leave the country as I can't rent it(govt help to buy scheme) and ill be made bankrupt, I am in education right as part of my job (i work for the government ironically!). I have looked into it I wouldn't qualify for a work permit. Would these issues qualify as human right breaches? Atleast the bankruptcy should be as it will impact me making any future applications to UK and living here generally if I were to return. I have many private life interests to name. CInema, consuming alcohol, running half marathon, swimming which a majority I can't practise back in my home country. I don't want to be adding irrelevant details to my application which will make the credible factors loose value in my application. ANy ideas? any experiences? How long will it take them to decide application these days? will they actually consider these factors to give me an in country right of appeal? just throw any information that you have? I am all ears. Will wait till this friday while I am working on the FLR FP application.

[CR001]

From what you have stated there are no private life issues that you can claim or that you would qualify for. I think you are possibly misunderstanding the private life phrase in relation to immigration and HO. It has nothing to do with "consuming alcohol" or "swimming/running" etc.

How long have you been in the UK??

[hasy2017]

@cr001 I have been here for 9 years now. What is the meaning of private life from immigration perspective? Private life seems to have a very broad meaning as per eu courts. I know these little things on there own not amount to much but if you consider the whole picture together I have a private life established here probably to an extent greater than some prople who are residents by birth. Thanks for your comments as I have to be objective in what to expect and be able to prepare for any outcome. Would you know if they would give me a right to appeal considering the situation with my house and current education?

[CR001]

Without a spouse or child in the UK, FLR(FP) is likely to be refused as HO could take the view that you could return to your home country. FLR(FP) is not an easy 'get our jail free' visa. Many people face refusals and HO frequently see these applications as 'frivolous and vexatious' and simply used to 'buy time' to get to 10 years long residence, which is what it appears you are trying to achieve.

A user posted today that they have been refused FLR(FP) based on two UK born children older than 7 years. User has been in the country since 2009 and his children have never left the UK and know no other life other than the one here. Still they were refused.

[Wanderer]

I think what you define as human right breaches are merely minor inconveniences in reality, I think you need to get your GP to prescribe you a course of Growsum....

[hasy2017]

Wanderer@ loosing your house is that a minor
Inconvenience? Being made bankrupt is that a minor inconvenience? To me it seems like completely turning someone's life upside down. Cr001@ you are right about frivolous and vexation claim thing that's why I asked I only want to add any credible factors if there maybe. I am just gonna keep it simple only add factors that I can evidence and see if my government department can make a request to home office as well. I just feel if they don't give me an incountry right of appeal that would be very harsh given my current situation. Doesn't seem to me anybody is got an answer what private life factors are considered. Reading about people's experience no matter what argument you present HO would turn it down with a counter argument as there is one for every argument.

[doubledee]

Wanderer@ loosing your house is that a minor
Inconvenience? Being made bankrupt is that a minor inconvenience? To me it seems like completely turning someone's life upside down. Cr001@ you are right about frivolous and vexation claim thing that's why I asked I only want to add any credible factors if there maybe. I am just gonna keep it simple only add factors that I can evidence and see if my government department can make a request to home office as well. I just feel if they don't give me an incountry right of appeal that would be very harsh given my current situation. Doesn't seem to me anybody is got an answer what private life factors are considered. Reading about people's experience no matter what argument you present HO would turn it down with a counter argument as there is one for every argument.

If there is no child involved, it will be very difficult to succeed in the Private Life route based on the reasons you have listed, please think carefully before you proceed.