Voluntary return or Flr (FP)

[sparky1]

I am a South African over stayer since 2003.

October 2000 - 2 year Visa
June 2002 - Met my partner; Palestinian asylum seeker - his case pending
September 2002 - Extended stay for 6 months
May 2003 - Leave expires; tried other ways to stay to be with my partner but no real solution at that time
2010 - Partner application approved under legacy cases given ILR and then becomes a British Citizen. Decide to try and regularise my stay. Solicitor suggests we get married and apply to stay as partner outside rules.
August 2010 - Apply to HO for COA - granted
May 2011 - married
June 2011 - Apply for Leave to remain as spouse of settled person
August 2011 - refused; no right of appeal; ask for reconsideration several times but no success
May 2013 - fresh application as spouse of settled person.
June 2013 - refused
October 2013 - applied for JR
Feb 2014 - refused JR after oral hearing
Since then several letters to HO by solicitor to reconsider or remove to get right of appeal.

HO keeps saying no exceptional circumstances and we have no children yet either.

During this time my husband was working part time and not earning the required amount so return was not an option.

Since September 2015 my husband now meets the required amount.

At this time I considered return and waited the 6 months for required documentation.

My passport has expired and I will get emergency documents from Embassy to travel.

However, I went to go and see another solicitor just last week who advised that I don't return but apply on FLR (FP) 10 year partner route instead since I may get the Spouse visa refused and I'll be stuck there. He says its a very strong case since the last application was refused on the salary requirement not being met and an English test no longer valid (bad advice from previous solicitor); among the top reasons. Surely no leave to remain will be an issue when applying??? And are these applications also not measured by the special circumstances rules???

I am now horribly scared and confused.

Will a spouse visa from South Africa be refused and I have to stay there without my partner waiting for lengthy appeals?
Will a Flr (FP) just be refused on the same old grounds of no exceptional or compelling circumstances? And I know I will have no right to appeal since no valid leave to remain and it just drags on for longer and longer?

All I know is I have to do something so that I can be with my partner here in the UK.

Many thanks for any advice.

[Wise]

The key in this situation is to see a strong comitment between two of you. When it comes to western world relationship is always in different view, but if any third world citizen involved that will be no if it come to immigration issues. Sorry but in most cases is a fact.

Because there wasn't any kid between two of you if you try and go to Africa just forget it, they will do everything to end your relationship with your partner by refusing again.

Any fight over your immigration status should be dealt with in UK not in Africa . While you're waiting for your own kids why don't you ask your spouse to adopt a child and make good impact on the child lives and you never know yours will come in a short time of prayer. With that you will have strong case.

Good luck.

[Casa]

Adopt a child? Not good advice. Children aren't 'bargaining tools'!
If you are able to meet all of the standard conditions a spouse visa application submitted from outside of the UK shouldn't be refused under 320(7b) and can only be refused under 320(11) if it can be proved that there has been a 'frustration of the Immigration Rules'.
i.e deception, false documents, outstanding NHS fees.
Very difficult to prove there are exceptional or compelling circumstances for a FLR(FP) application.

[noajthan]

Any fight over your immigration status should be dealt with in UK not in Africa . While you're waiting for your own kids why don't you ask your spouse to adopt a child and make good impact on the child lives and you never know yours will come in a short time of prayer. With that you will have strong case.

Good luck.

It's an extremely non-trivial matter to adopt a child in UK. Takes a long time too.

[Casa]

Any fight over your immigration status should be dealt with in UK not in Africa . While you're waiting for your own kids why don't you ask your spouse to adopt a child and make good impact on the child lives and you never know yours will come in a short time of prayer. With that you will have strong case.

Good luck.

It's an extremely non-trivial matter to adopt a child in UK. Takes a long time too.

Even more so when one of the couple is here illegally.

[secret.simon]

why don't you ask your spouse to adopt a child and make good impact on the child lives

I might be mistaken, but I think Wise meant fostering rather than adoption and that as a means to demonstrating parental ability.

But even that would be non-trivial, especially given that the partner does not have any existing demonstrable parental experience.