Spouse Visa Refused due to suitability

[London54321]

I have previously submitted two spouse visa applications and both has been refused
Please see below reference numbers of both applications
Both have been refused for reasons below.
This decision takes into account as a primary consideration the best interests of any
relevant child in line with section 55 of the Borders, Citizenship and Immigration Act
2009.
We have considered your application under paragraph EC-P.1.1. of Appendix FM.
However, you do not qualify for entry clearance under the 5-year partner route for the
following reasons:
Home Office Records held in the UK confirm the following:
• 08/04/2009 - Entered the UK T4 LTE
• 14/07/2010 - T4 LTR - Rejected
• 12/10/2010 - T4 LTR - Granted
• 09/05/2012 - T4 LTR - Rejected
• 11/11/2012 - T4 LTR - Refused
• 10/09/2013 - Overstayed, served with IS151A
• 10/05/2017 - Overstayed served with Red.0001 for Absconding
• 26/01/2024 – You departed the UK
• 04/06/2024 - refusal partner standard
In light of all of the above I am satisfied that you have previously contrived in a
significant way to frustrate the intentions of the Immigration Rules by overstaying
the length of your original visa terms.
There were additional aggravating factors in that you were served as an absconder and
continued to stay in the UK for over 6 years. I therefore consider it appropriate to refuse
your application under paragraph 9.8.2 of the Immigration Rules. This application was
referred to an Entry Clearance Manager prior to being refused and application of
paragraph 9.8.2 was agreed.
Suitability
Under paragraph EC-P.1.1.(c), your application falls for refusal on grounds of suitability
under Section S-EC of Appendix FM.
Given what has been stated above, I have considered the circumstances of your
application, but in the light of your conduct I consider it undesirable to issue you an entry
clearance and I am not prepared to exercise discretion in your favour. I therefore refuse
your application under paragraph EC-P.1.1(c) of Appendix FM of the Immigration Rules.
(S-EC.1.5)

In My cover letter I did explain about my overstay and also Red.0001 absconding notice which I never received and I was completely unaware of.

My partner and I have been together for 6 years since 2019. We had a religious ceremony in July 2022 in the UK and a civil marriage in January 2024 in India. My partner is 40 weeks pregnant now and due any minute. We had mentioned about her pregnancy and provided all the hospital letters to support it as evidence as well but home office did not take anything into consideration.
My Partner is a British citizen and employed by NHS full time. We have provided all the documents to meet requirements of financial, relationship, Accommodation, English Test, Medical Test. I meet all the other eligibility requirements.
I am a person of good character with no prior criminal offenses or conviction. We are both eagerly anticipating the birth of our first child, and it is deeply distressing that I have not been present during my wife’s pregnancy and now will not be there to welcome our child into the world
Home office letter also said “You have provided no information or evidence to establish that there are any exceptional circumstances in your case.” But we submitted all the evidence regarding my wife’s pregnancy and her mental health being not stable and she has mind depression.
I have spoken to immigration solicitors but they all saying different things now.
I have had few questions as below if you could help me with them to unit me with my wife and child.
1. What can I do to explain in detail about my previous refusals decision

2. If I do fresh application after my child is born with birth certificate will it be considered as exceptional circumstances under paragraph GEN 3.1, GEN 3.2 or GEN 3.3 and will I be qualify for 5 year or 10 year partner route despite my previous immigration history. I will be biologically father of the child. After birth of our child my wife will not be able to cope with the child on her own she will need my support to raise the child.

3. Main reason for refusal is my conduct and character. If I submit character reference letters from my friends in UK will it help in any way.


I look forward to hearing from you

Thanks & Regards