I got my decision today and it was refused.
this is the relevant parts:
You have therefore lived in the UK for 15 years and it is not accepted you have lived
continuously in the UK for at least 20 years. Consequently you fail to meet the
requirements of paragraph 276ADE(1)(iii) of the Immigration Rules.
You are over the age of 18. Consequently you fail to meet the requirements of paragraph
276ADE(1)(iv) of the Immigration Rules.
You are not aged between 18 and under 25 years. Consequently you fail to meet the
requirements of paragraph 276ADE(1)(v) of the Immigration Rules.
In order to meet the requirements of paragraph 276ADE(1)(vi), an applicant must show
that they are aged 18 or above and that there would be very significant obstacles to their
integration into the country to which they would have to go if required to leave the UK. It
is not accepted that there would be very significant obstacles to your integration into the
country of which you are a national of as stated in your passport , if you were required to
leave the UK because you spent most of your life in that country until 2005 when you
came to the UK. Consequently you fail to meet the requirements of paragraph
276ADE(1)(vi) of the Immigration Rules.
Exceptional Circumstances
We have considered, under paragraph GEN.3.2. of Appendix FM, whether there are
exceptional circumstances in your case which would render refusal a breach of Article 8
of the ECHR because it would result in unjustifiably harsh consequences for you or your
family. In so doing we have taken into account, under paragraph GEN.3.3 of Appendix
FM, the best interests of any relevant child as a primary consideration.
Based on the information you have provided we have decided that there are no such
exceptional circumstances in your case.
You have told us your partner has had back and knee surgery so his mobility is not all
that great and he is due to have his left knee done whenever the pandemic is finished.
You have also advised that cannot live in part of that country as you do not have a visa to
live there. Medical treatment isn't free for you there as you are a non citizen and it would
be the same for your sponsor as he is a non national and liable to pay. T he medication
and conditions that he has are not eligible for free medicine under the CARICOM
agreements. He will not have access to his Attendance Allowance or Pension Credit as it
is not paid outside of the EU and UK and will be difficult to live in either country.
You advise that you would have no means to provide a home for both of you as it would
be very difficult to find a job in the current climate.
We have reached this decision because you have stated in your application form that you
have family and friends remaining in that country. Although I note that you advise that
your mother disapproves of the relationship with your sponsor, you have provided no
evidence that they would not be able to assist you or accommodate you on your return to
that country.
It is expected that you could continue to care for your partner in other areas of the
country of which you are a national of as stated in your passport. There are areas where
you would be able to legally work to help support him financially too.
Your spouse may remain in the UK and support any application you make from abroad
for entry clearance to return with a view to settlement on the basis of your
relationship.Refusal Paragraph under the 5-year and 10-year Partner Routes and 10-
year Private Life Route
In light of the above, your application is refused under paragraph D-LTRP.1.3. with
reference to paragraph R-LTRP.1.1.(a), (b), (c)(i), (ii), (d)(i), (ii) and (iii) of Appendix FM,
and under paragraph 276CE with reference to paragraph 276ADE(1)(i),(iii), (iv), (v), and
(vi) of the Immigration Rules. Accordingly, you do not qualify for leave to remain under
the 5 or 10-year partner routes of Appendix FM, or the 10-year private life route of Part 7
of the Immigration Rules.
I am really discouraged and some help with the insurmountable obstacles bit. They listed my whole immigration history and something I admitted 3 years ago about my mother but they did not mention that I have a lasting power of attorney for my partner which I do. And although they said I can care for him in another part of the country they have confused it as although my partner is British he is born in another country and its not where I was born and they know this and have continually put another country that we can live in that we are both not from in every refusal letter.
Please help.
- FAQ
- Login
- Register
- Call Workpermit.com for a paid service +44 (0)344-991-9222