Advice before I make more mistakes

[Fate]

Hi everyone,

Did not think I would end up on here as it's nerve racking as is. Thank you all in advance for your comments and advice and suggestions.

I have been in the UK since 2002 and my visa expired 2 Decembers ago. I have never intended to stay here this long. I don't have a difficult life back where I came from originally but things have changed here for me.

I am HIV positive and been diagnosed here in London and getting treatment here. Not only am I getting treatment but the doctors and nurses are sooo dedicated and invests not just their skills but their selves into everything they do. In my country I would never get this level of privacy, dedication or treatment medically.

I won't get a job and I would definitely be socially belittled by one and all.

I do not claim benefits, never did and never will as I am young and hard working and did not come from an environment where I have to rely on the government for help.

I have previously seeked help via a solicitor but at the time everything I was told I could have saved my money and just googled it. I don't make a lot of money but I get by and I am glad for that alone. I am going to seek another solicitor's advice before I decide on whether to continue living here, where my life is...or going home where treatment will stop and I will have to start my life all over again. Scary for me as once my treatment stops I will surely be dead in a year.

Anyways, I was once told that I could apply for the visa for HIV sufferers article 3 I think... but then I would not be able to work. Working on my own for my own money and not relying on anyone is one of my biggest motivations. So I declined that avenue. Also, I had no time guarantees on the article being considered positively. I was also told that because the British Government would not consider my country destitue like an African nation or such they would send me back home.

I was also advised that if I was not near death then my consideration for staying here based on my HIV status would be denied. So I thought what's the point?

So now I am this person who is here and for me not wanting to be here illegally but not wanting to go home to die either. Selfish I know but I just want to live.

Can anyone advise me on what to do legally? What questions to ask the solicitors? Or just give me some stories of anyone else being thru this?

It's hard but I am alive and kicking I just want to know what is the right thing for me to do.

Thanks!

[Frontier Mole]

There is no easy option with your circumstances. Article 3 claim is pointless, if your country of origin has treatment for HIV, regardless of the fact that you can afford it or not, your claim will fail. As you note, the only individuals with any hope are those with full blown Aids. HIV+ is not seen as such an onerous imposition, as medical advancements can at best keep it in check or at worst prolongs the on set of Aids for many years. The cost is not the issue when considering the immigration law; availability of treatment is the only consideration.

The other avenues are work or study related. Can you fund a higher level education course or do you have skills that would allow for a work permit visa?

If the answer is no the above then you are struggling. That would leave marriage / civil partnership to an EEA (non UK) national as a final option.

Perhaps someone else has a better idea?

[Fate]

See this is exactly what I knew and feel. I am currently employed in the same job for the last 4 years or so. Sigh getting married is not always that easy... everyone wants your soul on a plate with an extra side of cash. I earn less than 400 a week so how am I gonna take care of me annnnnddddd pay some money fiend £7,000 and up?

Sigh!

Life is never easy is it? I thank you for your prompt reply tho. Welcome many more suggestions too.

[Twin]

There is no easy option with your circumstances. Article 3 claim is pointless, if your country of origin has treatment for HIV, regardless of the fact that you can afford it or not, your claim will fail. As you note, the only individuals with any hope are those with full blown Aids. HIV+ is not seen as such an onerous imposition, as medical advancements can at best keep it in check or at worst prolongs the on set of Aids for many years. The cost is not the issue when considering the immigration law; availability of treatment is the only consideration.

The other avenues are work or study related. Can you fund a higher level education course or do you have skills that would allow for a work permit visa?

If the answer is no the above then you are struggling. That would leave marriage / civil partnership to an EEA (non UK) national as a final option.

Perhaps someone else has a better idea?

Off topic...

Frontiermole, this is probably the most pragmatic yet compassionate response i've read you offer on this site. I read with relief!

I just want to say - thank you.

[Frontier Mole]

Twin,
Don't jump for joy too soon.
There are a couple of other posts where I left the OP licking their wounds, just like always

Fate came to the forum clear in the knowledge that he is in a very difficult position, has few options and is trying to see if there are any other points to consider. I wish him luck, not because of his HIV but because he accepts that his position is without immigration status and he knows if caught he will be returned. He is every bit as illegal as those that I tear a strip off but the difference is he realistic in his expectations. Above all he does not expect UK plc to bale him out or offer an easy ride.

Fate : I hope someone can offer you better advice than I could.

[vinny]

I am HIV positive and been diagnosed here in London and getting treatment here. Not only am I getting treatment but the doctors and nurses are sooo dedicated and invests not just their skills but their selves into everything they do. In my country I would never get this level of privacy, dedication or treatment medically.

Don't Be A Sicko!

[Fate]

Lol for what it's worth I am a woman, not a guy.

I also think that no one should get special treatment because of their illness on a board ie sympathy so I expect none. Sympathy won't get me sorted.

Also I really don't understand the (joke???) in the last response...but to each their own. Some folks can be great contributors in all things and some can not.

Thanks for the well wishes Frontier and the advice. I have made an appointment to see a solicitor (again) but this time I am gonna suck it up and go home if I have to.

Cheers!

[vinny]

Also I really don't understand the (joke???) in the last response...

Apologies. No offence intended. It was a hyperlink to a talk, given by a wise monk. He explains how when the body is sick, the mind can remain well - and even find deep peace. Hopes that it helps. Good luck and best wishes...

[Fate]

Oh!

thank you hun. I can always use the knowledge and pick me ups. I really appreciate the thought behind that.

Cheers!

[Fate]

I guess no one has any other solutions or advice! wow!