7 Years waiting - Help

[gavzim]

Hi all. Need help with my Visa troubles.
Briefly, Iam a Zimbabwean Citizen and arrived in the UK in July 2002 as a Visitor. I applied to stay as a student and was rejected as application was incomplete - I resubmitted application to remain on Ancestry grounds and provided all required documentation. I received confirmation of 'valid application' in Dec 2003.
I have continued to chase up the ancestry case and received no reply from Home Office. In 2007 I wrote my MP, who contacted the Home Office and they advised him my case was not considered a priority as my application was submitted when my leave to remain had expired. This was the first time I got a 'reason' for the delay.
In the mean time I have been living with my partner who has ILR and together we have a 4year old child. My partner is pregnant with our second.
Following advise of lawyer I completed application for LTR as unmarried partner and submitted partners passport, proof we have been living together for 5years. Submitted documents in Augast 2009.
Biometrics done in Sep 2009.
At the same time I did get my MP involved again and he did write representations on my behalf in October 2009 - based on the delay in processing my Ancestry application and the fact that delay is causing hardship - Iam not permitted to work or claim benefits etc, while we have a child to look after and infant on the way. When I got no responce from UKBA to MP representations I requested Ombudsman involvement and completed the form for MP to foward.
We did receive reply from UKBA in January 2010 saying my case will be refered for 'Priority Consideration' and also 'Offering voluntary repatriation' as they again made reference to my initial delayed application.
In January received letter from Sheffield CRU requesting copy of my daughters Birth Certificate and Letter confirming my partners ILR Visa. I provided both. I am however concerned as we have got nothing further?
I continued to chase my MP on the Ombudsman route but he claimed to have posted the forms and these may have been 'lost in the post'. I completed a second form 2 weeks ago but the Ombudsman has still not received?

Questions - Should I continue to pursue the Ombudsman route, and what can I do about my MP not being that helpful?
Is there anything else I can do to get my case resolved ASAP, my partner is nervous as our second is due in June!
Who else can I complain to?

[John]

Should I continue to pursue the Ombudsman route

I think you should do exactly that. At the very least, it cannot do any harm.

and what can I do about my MP not being that helpful?

Vote for someone else at the General Election!

The two of you already have one child. Please confirm that Child Benefit is being claimed, and also that the two of you are jointly claiming Tax Credits?

[joe777]

Vote for someone else at the General Election!

he doesn't have the right to vote, need to be British, Irish, Commonwealth or European Union citizen.

[John]

He is from Zimbabwe, and does have the right to vote.

[mochyn]

Vote for someone else at the General Election!

he doesn't have the right to vote, need to be British, Irish, Commonwealth or European Union citizen.

The OP is a Zimbabwean Citizen and therefore has the right to vote

[gavzim]

I am a commonwealth citizen and registered Voter, so is my partner.

I today received a letter from MP dated 17th March saying he has posted the Ombudsman complaint and also an Email from my MP's secretary saying he was out of the office and will only post it today! I have been leaving messages and emails daily for the past week, so hope at the very least the complaint has gone out today!

We are not claiming tax credits, I do not know how to go about claiming tax credits for myself? I do not have any ID or NI as I have not had the right to work while my documents have been held by the Home Office. I am lead to believe claiming any sort of benefits will negatively affect my application!

[John]

gavzim, given your partner has ILR, I don't understand why you and your partner have not jointly claimed Tax Credits? And what about Child Benefit? Is your partner claiming that?

[gavzim]

Hi John,

I have been advised that claiming any benefits can be used as a reason to deny my claim for LTR under the 'unmarried/marriage visa rules'. Do you know what the rules are on this?
I have also been 'advised' to go to Citizens advice Bureau? Has anybody received help through this route?
My partner has also suffered depression as a direct result of the delays and I know this cannot be good in pregnancy... Is this a valid reason to push the UKBA to speed up consideration of my claim - I can get medical confirmation of this.

Thanks

[John]

I have been advised that claiming any benefits can be used as a reason to deny my claim for LTR under the 'unmarried/marriage visa rules'.

Who advised you of this?

Do you know what the rules are on this?

Yes. Which is why I am asking why those benefits are not being claimed.
Are you telling me that your partner is not even claiming Child Benefit, even though she has ILR?

[gavzim]

John,

I will definately look into this and see what I can get. The 'advice' I received was from a friend. I may have misunderstood.
Do you know how I get around claiming when all my paperwork is being held by the UKBA?
My partner is receiving child tax credits only. She is not in in a job at the moment and therefore has little prospect of getting one while she is pregnant and obviously for some time after the birth of the second child.
As one of the key requirements of the 'partner Visa' is the ability to self support, would these factors not affect my application?