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Pregnant Partner, Leave to Remain Denied

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Slider1338
Newly Registered
Posts: 3
Joined: Fri Sep 22, 2017 2:16 pm
United Kingdom

Pregnant Partner, Leave to Remain Denied

Post by Slider1338 » Fri Sep 22, 2017 2:36 pm

I'll try and keep this complex matter short. I'm new to the forum so please excuse me if this is posted incorrectly.

I am a British national who was working in the USA. I met my partner at my work place, but unfortunately I broke my back and legs in an accident while working.

We didn't have money, she was working 3 jobs and I sold everything I owned just to afford plane tickets. I literally could not even wipe my own arse, she done it for me and our plan was to just get to England and go from there. The truth is that I was working illegally in the USA, I know it was wrong but I was a young man running away from a mother with mental health issues. I needed the escape and found it.

We handed in our leave to remain late as we were broke and I was getting multiple surgeries, its been a long recovery and she stood by me through it all. To top it off our lawyer even died and it's like his whole office disappeared, we got no contact from a Secretary or anything.

We've exhausted all our appeals and she has been denied again, there was no date saying when to leave.

She is also due to give birth any day now which is a blessing I can't describe as we thought we would never have children after trying for years; especially with an incomplete spinal chord injury. Now with a letter from the Home Office I think we are both a bit shell shocked. The judge said there was no reason I couldn't go back to the USA, even though I showed them my Esta refusal.

They don't know she's pregnant and I'm terrified to tell them as I'm afraid I'll lose her.

I'm sorry if this post sounds erratic, is missing important information or even convoluted, I'm just a bit exhausted. It's been a tough day. The judge was brutal the last time we went to court, so brutal that the Home offices' argument of us not being a real couple was withdrawn when he seen our tears. I understand the system is abused, but we are the real thing :(

My question is, can they deport her?

New on forum
Member of Standing
Posts: 324
Joined: Fri Mar 31, 2017 4:13 pm
Pakistan

Re: Pregnant Partner, Leave to Remain Denied

Post by New on forum » Fri Sep 22, 2017 2:48 pm

Slider1338 wrote:
Fri Sep 22, 2017 2:36 pm
I'll try and keep this complex matter short. I'm new to the forum so please excuse me if this is posted incorrectly.

I am a British national who was working in the USA. I met my partner at my work place, but unfortunately I broke my back and legs in an accident while working.

We didn't have money, she was working 3 jobs and I sold everything I owned just to afford plane tickets. I literally could not even wipe my own arse, she done it for me and our plan was to just get to England and go from there. The truth is that I was working illegally in the USA, I know it was wrong but I was a young man running away from a mother with mental health issues. I needed the escape and found it.

We handed in our leave to remain late as we were broke and I was getting multiple surgeries, its been a long recovery and she stood by me through it all. To top it off our lawyer even died and it's like his whole office disappeared, we got no contact from a Secretary or anything.

We've exhausted all our appeals and she has been denied again, there was no date saying when to leave.

She is also due to give birth any day now which is a blessing I can't describe as we thought we would never have children after trying for years; especially with an incomplete spinal chord injury. Now with a letter from the Home Office I think we are both a bit shell shocked. The judge said there was no reason I couldn't go back to the USA, even though I showed them my Esta refusal.

They don't know she's pregnant and I'm terrified to tell them as I'm afraid I'll lose her.

I'm sorry if this post sounds erratic, is missing important information or even convoluted, I'm just a bit exhausted. It's been a tough day. The judge was brutal the last time we went to court, so brutal that the Home offices' argument of us not being a real couple was withdrawn when he seen our tears. I understand the system is abused, but we are the real thing :(

My question is, can they deport her?
Sorry to hear your situation.
When is she due to give birth?

Slider1338
Newly Registered
Posts: 3
Joined: Fri Sep 22, 2017 2:16 pm
United Kingdom

Re: Pregnant Partner, Leave to Remain Denied

Post by Slider1338 » Fri Sep 22, 2017 2:51 pm

The 9th of October, I'm going to be having a little girl. :)

Wanderer
Diamond Member
Posts: 10511
Joined: Thu Apr 21, 2005 1:46 pm
Ireland

Re: Pregnant Partner, Leave to Remain Denied

Post by Wanderer » Fri Sep 22, 2017 2:53 pm

How did she enter the UK - visit visa (waiver)?
An chéad stad eile Stáisiún Uí Chonghaile....

Slider1338
Newly Registered
Posts: 3
Joined: Fri Sep 22, 2017 2:16 pm
United Kingdom

Re: Pregnant Partner, Leave to Remain Denied

Post by Slider1338 » Fri Sep 22, 2017 3:33 pm

She didn't need anything as she's American. She simply flew in with me and her 3 month started. I think I managed to get the money to start her "indefinite leave to remain" about a week late.. but late is late. We were going to food banks to afford a lawyer and then, as I said, he died.

In retrospect, could I have done it without a lawyer? Yes. But at that time, no. I was dealing with possible amputation and we were just trying to survive. I didn't need the stress.

The judge looked at me in my chair and said "it says here you can walk short distances. Why are you in a wheelchair?" I was so shocked that I literally didn't know what to say, I just said "because 100 miles to London isn't a short distance"

Wanderer
Diamond Member
Posts: 10511
Joined: Thu Apr 21, 2005 1:46 pm
Ireland

Re: Pregnant Partner, Leave to Remain Denied

Post by Wanderer » Fri Sep 22, 2017 4:00 pm

Slider1338 wrote:
Fri Sep 22, 2017 3:33 pm
She didn't need anything as she's American. She simply flew in with me and her 3 month started. I think I managed to get the money to start her "indefinite leave to remain" about a week late.. but late is late. We were going to food banks to afford a lawyer and then, as I said, he died.

In retrospect, could I have done it without a lawyer? Yes. But at that time, no. I was dealing with possible amputation and we were just trying to survive. I didn't need the stress.

The judge looked at me in my chair and said "it says here you can walk short distances. Why are you in a wheelchair?" I was so shocked that I literally didn't know what to say, I just said "because 100 miles to London isn't a short distance"
Actually she would have a visa - it's a virtual one for six months but still a visa - for leave to enter and that's important to remember.

Indefinite leave to remain only comes after 5 years on 'further leave to remain' in two 2.5 year visas plus the NHS surcharge, around £1500 a pop or so postal.

But as she only has leave to enter as all visits are you cannot switch at all in-country so she would have had to leave anyway. Now you are in a right pickle since as she's officially only a visitor, the birth if in UK as likely will have to be paid for, around £3000.
An chéad stad eile Stáisiún Uí Chonghaile....

chickpea
Junior Member
Posts: 98
Joined: Wed Sep 02, 2015 1:44 pm
United States of America

Re: Pregnant Partner, Leave to Remain Denied

Post by chickpea » Fri Sep 22, 2017 8:31 pm

What a heartbreaking situation!

Just curious, as I have no answers, would it be a good idea - since she prbably can't fly - to go to Ireland for the birth?? Does a child born there become an Irish citizen automatically? (ie EU) Is it cheaper? And does that help her not overstay a visitor visa (usually mine were six months back when I was really only visiting)...?

Wanderer
Diamond Member
Posts: 10511
Joined: Thu Apr 21, 2005 1:46 pm
Ireland

Re: Pregnant Partner, Leave to Remain Denied

Post by Wanderer » Fri Sep 22, 2017 8:49 pm

chickpea wrote:
Fri Sep 22, 2017 8:31 pm
What a heartbreaking situation!

Just curious, as I have no answers, would it be a good idea - since she prbably can't fly - to go to Ireland for the birth?? Does a child born there become an Irish citizen automatically? (ie EU) Is it cheaper? And does that help her not overstay a visitor visa (usually mine were six months back when I was really only visiting)...?
I can assure you nothing is cheaper in Ireland, my car tax is €1890 a year!
An chéad stad eile Stáisiún Uí Chonghaile....

User avatar
CMOSUK
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Location: Glasgow, UK
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United Kingdom

Re: Pregnant Partner, Leave to Remain Denied

Post by CMOSUK » Fri Sep 22, 2017 10:56 pm

I would maybe try to find a immigration lawyer through legal aid, although i don't know how it may work if legal aid would be granted to you or your partner (unlikely i think) but considering your situation it is dire.

Also please get in touch with social work services they will have to help especially if the baby is born they would have duty of care at least towards the baby and his/her welfare and wellbeing. You also may want to try for immigration charity services such as these guys click here. they are based in Scotland, but do ask them if there are any like them in England, chances are there will be and maybe ask them for advice over the phone they are very helpful.
These are my 'views' and 'opinions'.
If in doubt always seek professional advice, or at least do a search for the relevant information. :P

If i make any mistakes, You are more than welcome to correct me.


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