Complex Immigration Issue

[desperate_for_advice]

I need to obtain some adviced with regards to immigration as I am unsure of a number of things. I will try to keep it as brief as possible as it is quite a long and involved story.

I overstayed my working holiday visa. In September of 2010 I was at a friend's house, his flat got raided due to suspicion of drug dealing of one of his flatmates. I had nothing to hide so I cooperated fully with the police, but they went and searched my room at my flat and found incriminating items and I was out on bail.

In November I applied for the Certificate of Approval for a Civil Partnership.

In February of 2011 I had and accident and a brain injury wihich left my vision, speech and fine motor function/movement affected permanently. I tried to stay on in spite of my immigration and police problems and I wanted to stay with my partner, but he could not assist me full-time as he is a student and was having financial problems. I therefore decided, despite having conditions attached to my bail to come to my family and sort things out from here when I am better. I was arrested at the airport and as I would have been remanded in custody for a trial and that would have lasted longer than the potential sentence, so I pleaded guilty just to get home sooner. I got a 15 week sentence and was "administrtively removed" from the UK. The thing is my single mother was awaiting income from investments for us to live off and pay for my medication and rehab therapy such as physio, speech and occupatonal therapy. I have only been able to afford my medication, but not my therapies and even that will not be for much longer as the investments were a scam and she lost everything.

Now I am uncertain of the best course of action: Whether I should go the route of civil partnership or a human rights application based on my medical reasons? Can this be done from here or will I be able to go there?

I am afraid that even if my partner comes to my country and we get married, that I will not be granted entry. I heard of a bill for leave applications for medical reasons and was wondering if that might be a better route?

I am desperate and at a loss...

[Greenie]

when were you removed from the UK?

What offence were you convicted of?

What is your nationality? What is your partner's nationality - if not British, what is your partner's immigration status in the UK?

You have referred interchangably to civil partnership and marriage. Are you in a same gender relationship (this is what a civil partnership refers to). If yes, does your country recognise civil partnerships?

[desperate_for_advice]

Does the type of offence matter?

It was something along the lines of "Possession of an item to be used in fraud" ie a credit card someone left at my flat.

I was removed 10 October 2011.

My partner is Czech.

[desperate_for_advice]

I'm South African and, yes, we do recognise civil partnerships

[desperate_for_advice]

Does anyone have any advice? Especially if you are a solicitor?

[desperate_for_advice]

Any advice?

[Mr Rusty]

I can't see any justification for a human rights claim on the grounds of your medical condition. I doubt there is very little treatment in the UK that isn't available in South Africa.

However, if your partner is Czech, and he comes to South Africa to formalise your relationship, you could then apply for an EEA Family Permit as the civil partner of an EU national who is studying in the UK. As you are applying under EEA regulations rather than the UK Immigration Rules, almost the only grounds on which such an application would be refused is that it is shown to be based on a "marriage of convenience". In considering this, your adverse immigration history would be looked at, but if you can show evidence of your previous time together, plus the fact that you once applied for a Certificate of Approval, this should be sufficient to demonstrate that yours is not a marriage of convenience.

There are provisions for refusing applications on the grounds of Public Policy, and Public Health, but the Entry Clearance Advice to ECOs does say that this should not be invoked because of a criminal record alone.

The UKBA website relating to EEA applications seems to be playing up at the moment, but I seem to remember that the right of residence of EU nationals who are studying in another member state (and of their family members) is conditional upon adequate financial provision and also health insurance being available, which from what you have stated might be a problem. However, I do note that there is no mention in the Entry Clearance Guidance of any refusal formula to cover this situation, so maybe they don't normally treat it as a significant factor - others might like to comment on this.

An EEA Family Permit enables the holder to enter the UK and stay for up to 6 months, and a further in-country application can then be made for a Residence Card lasting up to 5 years.

[desperate_for_advice]

Thanks so much for the response.

What kind of evidence of our relationship is required? I've heard of phone bills being one: do they have to be originals or would certified copies suffice? What if I know longer have such documentation?

Would sworn statements of friends suffice?