Advice for next steps: FLR FP rejected

[bathanza]

To admins and gurus if this site, a little help is needed for my husbands case.

I met my husband in early 2016 and moved in together pretty quickly, completely falling for each other. He told me he was an overstayer and on a solicitors advice we applied FLR FP.

Now moving on almost 19 months later, with thanks to this forum I am far more knowledgeable about the HO immigration rules than I care for! We have had a rejection and preparing for next steps: a little history about my husband.

May 2006 entered child visit visa and overstayed
Dec 2008 applied asylum on basis of threat to life (family member murdered)
May 2009 refused, no appeal rights, reconsideration sent Feb 2010 then in 2013 and 2014.
March 2016 Refused again. (we didn’t know about this at all)
Aug 2016 FLR FP applied and varied to Partner following marriage Jan 2017.

My husband said cowboy solicitors provided the worst advice and created a real problem for him. He absconded his reporting duties after an incident whereby people were being filmed and spit on by on lookers. He is incredibly remorseful for the mistakes made but we are trying to make things right by regulating his legal status. I asked for his IS96 to be drawn up again back in 2016 under the new representatives and was told not to worry. This was brought up and doesn’t give him good weight in character.

The FLR FP case we submitted was not considered as a partner application, but part of the “claim”. It’s noted that we have demonstrated that we are in a genuine and subsisting relationship, but note that I embarked in this relationship knowing he was illegal (I don’t see why that matters) that was the extent of my involvement in the refusal and the remaining was about his ties to his home country and refusals from previous cases.

I am in a bind to decide what we should do next. The solicitor states this is a legal matter as we applied as partners and were treated as a claim instead.

1) I fail to see the value of challenging via PAP and JR. even if there is error in law, any reconsideration may just come back as a rejection - time and a LOT of money wasted and back to square one. A court wouldn’t issue a visa would they?

2) Re-apply again FLR FP partner route as married couple: we have lived together for 2 years with cohabitation documents from 3 sources, legally married for just over a year, I own my own home and financially stable. I would like to apply in person in Croydon, I am aware that complex cases may not be decided on the day, but if we fulfill all requirements shall we go for it? Family/children is planned for the future God Willing but we do not have children yet.

3) Husband voluntarily returns back to home country, gets his medical and English test sorted and I apply for his spousal visa - HOWEVER I don’t know if he will have a year ban or get refused completely for frustrating the immigration rules for absconding and applying so many times. Seems risky for me; I am not fluent in his home country language and it would be difficult for me to re establish my career again. I have an auto immune disease which I didn’t mention but in real life terms, I can’t risk getting treated in a different country after being so well looked after here in London which I can back up with medical history. Not sure if I should even bring this up...

Any advice would be greatly appreciated. I have all my documents to hand (pay slips being stamped by HR this week) and need to print a few things off. It’s a bit of a mess but determined to move forward.

Thank you in advance.

[Wakanda]

Hi Bathanza,

I'm sorry to hear about your recent refusal letter.

I've been a silent reader on the forum for a few years now and based on my own experiences thus far, I might be able to share some advice if that's ok.
Firstly I just wanted to confirm if your husband was given an appeal right?

[bathanza]

I don't believe appeal rights given but can put in another application if there are changes. Looking forward to your reply

[bathanza]

Hi Bathanza,

I'm sorry to hear about your recent refusal letter.

I've been a silent reader on the forum for a few years now and based on my own experiences thus far, I might be able to share some advice if that's ok.
Firstly I just wanted to confirm if your husband was given an appeal right?

also thank you in advance. It's all too real now.

[Wakanda]

Hi Bathanza,

In a way I think it's a good thing you weren't given appeal rights because your case as it is now might not be compelling enough before a judge. As you know if an overstayer applies via Flr fp then they have to fulfil either EX 1 or EX 2. I believe EX 1 relates to having a British child which doesn't yet apply in your case. Therefore you have to rely on EX 2 which means that you have to show very compelling evidence ie insurmountable obstacles, why you would not be able to leave the UK to live with your husband in his home country.

You mentioned you have an auto immune condition. Now this is the sort of evidence you absolutely need to disclose - make it compelling and complete. Medical records/history, GP advice and recommendations and if possible a report from your GP or another health professional which goes into substantive detail on how and why it is vital for you to remain in the UK to continue treatment and how your condition makes it an obstacle for you to live in your husbands country. Even better if you/they could include objective evidence that the treatment you require is not available in your husbands country, and/or how conditions in his country could exacerbate your condition such that it would be impossible for you to live there and for you both to continue your family life.

The point is you want to raise a very strong and compelling argument that requiring your husband to leave the UK would violate your right to family life because due to the aforementioned insurmountable obstacles you would not be able to live with him in his country, thus you would be separated. Try to include other factors as well e.g. you can't speak the language, you've lived in the UK all your life, any support or care for or by family members etc.

[Wakanda]

The advice I was given by my solicitor is that HO absolutely hate insurmountable obstacles and almost always refuse them, however you stand a much better chance before a judge who will review the same evidence. This is why it is paramount that your application and case is robust and as complete as possible so that even if you get refused by HO, you have a very strong argument before a judge.

Personally I wouldn't recommend going for a same day interview as from what I know they would not be able to decide on your case, due to it not being straightforward (overstayer), and it will be forwarded to a caseworker. I also would be very hesitant for him to apply from his country, because due to the factors you mentioned were raised in the refusal letter, he might be refused under section 311 (I forget the number - but the section that covers "aggravating circumstances"). He may not be, but it's a risk, and if he does get refused and has to appeal from overseas, you may be separated for a significant period of time which may weaken your family right argument during the appeal (as the judge may consider that you've already been living apart for a while). So personally I would advise fighting this as much as you can from within the UK.

I would recommend that you look for a very good solicitor with experience in putting together "insurmountable obstacles" cases so that they can advise you on the full spectrum of evidence, reports, supporting statements, other factors etc that you need to make your case compelling. They should also help draft questions for the health professionals to answer in their reports, and help to find objective evidence of reasons why you couldn't live in your husbands country e.g. evidence on the lack of treatment which might put you at risk, what about any stigma or limitations in that country facing people with a disability, would you be able to practise your career there etc.
If you want I could advise the name of a good firm in the city with a lot of experience in these sort of cases. They are very detailed and thorough.

Your application should also contain substantial evidence of your relationship - marriage certificate, living together, photographs, greeting cards to you and between you etc so that there is no question of your relationship being genuine and subsisting. This should also guarantee that your husband has an appeal right in country, as he will be applying based on a qualifying relationship with a British citizen.

Remember - think about the long game. I hope your application gets approved the first time, but make sure you make it so strong, well put together, full of strong evidence, reports and facts, such that you have a compelling argument before a judge.

[Wakanda]

Sorry for my posts being so long this is actually the first time I've responded to a post on this forum. But I've come across your posts so many times, and you've always come across so positive, helpful and sweet, that I just really wanted to help in any little way I can, which I hope I have.

Let me know if you need any more info. My case is a bit similar to yours (I'm also relying on insurmountable obstacles, flr fp partner, no children yet. Although in my case my husband is the British citizen lol ) so happy to share my experience thus far xx

[Amelia4784]

Hi, I was so gutted for you bathanza when I read your rejection and specially after so long, like wakanda says you must disclose your illness that should be your insurmountable obstacle, like I said before I got my flr fp refused in nov 2017 we returned from Mexico in January 2017 due to my partners multiple sclerosis diagnose home office said my obstacles were not exceptional enough and his extended family can look after him and our daughter so I’ve appealed and in June is my hearing my appeal bundle is basically saying that the treatment he is undergoing can’t be available in Mexico at all and being autoimmune the stress can flare his symptoms up. Get an experience solicitor and All the luck in the world try to keep calm and everything will be all right you’ll see I’ll update when I have my hearing outcome.

[bathanza]

Wakanda Amelia - thank you thank you thank you

Met with lawyers and the case is bring reviewed by a barrister. We will find out Monday with the way forward.

I'm far more happier knowing what we can do from here, after reading your posts.

There's several stages so WHEN it comes to presenting evidence to the judge, I'll ensure all my paperwork is top notch. Will keep my progress updated

(Amelia - I have the same condition but I'm very stable. Due to treatment and care)

Bless you all.

[bathanza]

The decision completely ignored our application as partners. The decision came back as an asylum which was so odd. Not even the private life box was ticked. It was partner route.

If we put in another partner route it'll be treated and certified as the same case. Which is a waste of time and money long term.

The lawyers said HO are wrong and should go down PAP route with reasons. So .. have some time on our hands..