FLRM REFUSED

[alf32]

My husband applies for FLRM 3 years ago as fiancée. This got refused as they said there was insufficient evidence of our relationship, and that my husband overstayed. With then put in a reconsideration, and also applied for a second FLRM after we got married. Both decisions have come back now as refused and my husband now has to return back to his country. We are devastated, and I am very depressed. We have been advised that he should return to his home country and apply for a spouse visa from there. I don't know how I will live without my husband by my side not knowing if he will ever come back or not. I now have another concern, my husband has had medical treatment under the NHS, will this go against his new application when he applies? He has visited a GP twice.I'm going out of my mind now as my husband will new to leave in the next couple of weeks. I am a British citizen.
Many thanks in advance

[Indie007]

Hi, I am in a kind of similar situation.I was also declined recently with no appeal because i did not submit sufficient tax information, and the issue that i am an over stayer also came up.i was referred to our local enforcement unit to make arrangements to leave and was told if i arranged to leave it might generate an appeal for me.However , i have decided to try one more time and i rang the enforcement unit and told them i was planning to go to court and they told me to communicate in writing .UKBA did not dispute the genuineness of my relationship and i am due to give birth soon and i don't want to raise the baby on my own.My partner is British.I have been doing some research and will try a judicial review .Obviously it is going to be costly and challenging because of all the new rules but i have no choice and i have no idea how to best deal with the situation.I understand your frustrations.Have you seeked any legal advice?

[alf32]

I'm sorry to hear about your current situation. We have sought legal advice, but unfortunately the lawyer did nothing for us except take our money. I'm so scared my husband will not return I just don't no what to do. It was stated in the refusal that we don't have children together but I find that discriminatory. I believe the route you have chosen is very costly, I hope you have a good lawyer to assist you.

[Indie007]

I have heard of the surinder singh route.You might have to google it to get more details.I think you can move to ireland ,but before ,apply for an irish visa for your husband and then live and work there for about 6 months.On return i think you will be able to exercise your EEA rights and it will be easier for you guys to make your application.For me that option is a non starter as i am expecting and about to deliver soon.Its all very complex ,I hope i am making the right decision as i have not met anyone in a similar situation and do not know what the best course of action is.

[alf32]

Yes I have heard of that route as well, I'm a family members main carer so wry hard jut to up and leave. It is all very daunting, just be ready to fight and stay strong!!