Can We apply FLR(FP)?

[Charlotte94]

Hi,

I am a British National and my partner is a Pakistan national.

My partner and I are in a serious mess and it's a long story so please bear with me.

My partner came to England in Aug-2008 on a student Visa.

He got married to a British citizen in 2010, the marriage was annulled after a year but they never applied for a spouse Visa.

His Visa expired in October-2011, he applied for a new visa based on private life in UK which was refused, he went for the appeal and lost the appeal in May-2012. He exhausted his appeal rights.

He and I met in March-2012 and started living together in May-2012, UKBA enforcement team came to our house but we weren't home so they called him on his mobile phone and asked him to come to the reporting centre.

We applied for a new Visa FLR(M) based on our relationship before going to the reporting centre. They put him on reporting (every week).

They refused the application in September 2013 (we applied in August-2012), we asked them to reconsider which they also refused in April-2014.

In May-2014 when he went for reporting, they detained him, we applied again FLR(FP) and he was released from detention centre on our 2nd appeal in June-2014.

Home office refused our application in July-2014 and whilst he went for reporting, they detained him again. He was supposed to put on a plane to go back to Pakistan and our solicitors applied for asylum without our knowledge and also he refused to get on the plane so he was taken back to detention centre.

They booked him a 2nd ticket but this time on a chartered flight, our solicitor put in a JR on the basis that they did not consider our application properly as we had been in a relationship for 2 years and also that they did not consider the asylum claim as he was never interviewed. He was released in September-2014 on the basis of pending Judicial review.

In October-2014 Home Office asked my partner to come down to Croydon for Asylum claim interview to which he refused to go because we had a pending JR.

In October-2015 Home office finally decided to file a defence against our JR.

In Dec-2015 the judge decided that Home Office's decision not to grant us the Visa in July-2014 was correct based on our 2 years relationship.

Now we just don't know where to go from here, do we submit another FLR(FP) as I don't earn 18,600 a year?

I mean I am working and earning 1600/month gross but it would take another 4 months to get 6 wage slips but I am afraid they will detain him again the next time he goes for reporting.

Another problem is that I have a BIG operation next month which would put me on bed rest for 12 months as it's a major operation and I won't be able to do anything but I have been told that I can claim ESA (disability allowance), but would that exempt me from earning 18,600 a year?

Please I would appreciate any help!