virus10 wrote:
unexpectedly separated from wife 3 months later.
Unfortunately, this meant that the conditions under which he was admitted to the country were no longer in place and he should have left the country.
This applies to all the immigrants who come here under various categories - they must meet all the conditions for the whole duration of their visas.
For example, if a student drops out of the college, even if he is within the currency of his visa, he is no longer entitled to remain in the UK under that category and must either switch to another or depart from the UK. The same applies to Work Permit holders, as another example.
The Immigration Rules are just as blunt and as straightforward as that. They have no provisions of adjustment to the circumstances of the individuals. If you meet all the criteria - you are through, if one of them is not met - you are out.
So there wasnt much evidence of us being in a relationship akin to marriage because we dont have joint bills together I guess, so because we didnt do what our parents generation did and live like we are joint at the hip that somehow means we dont love each other as much as a couple with joint bills, apparently.
Again, this is just talk. The Rules state that the applicant
must provide evidence of cohibition for 2 year period in order to fulfil the criteria. The ECOs cannot care less if you love each other or not (as long as you prove that you intend to live together as partners or if married, as husband and wife), as far as their job is concerned is to check the application against what is written on the paper in their instructions. If you cannot provide the required evidence, even if you are in a loving relationship and all that, as per the caseworkers' guidance, you do not meet the necessary criteria for admission under the relevant visa. That is the full stop and your visa falls to be refused.
At the end of the day, you both do not have to be in the UK to enjoy your relationship and this can be done in New Zealand, which is in fact, to the opinion of many UK citizens, is a lot more attractive country than the UK. If you both want to live in the UK, however, you must make sure all the relevant UK immigration rules in respect of your relationship are met. This should be very simple to understand...
They said he broke the rules of the EEA family permit because apparently when you separate from your spouse you should inform them so they can deport you (well thats really fair isnt it? I wonder how many people are in threatening blackmailling relationships because of that rule?)
If he broke the conditions of the EEA family permit, no matter how it happened (the BIA is not under obligation to take these things into consideration except for domestic violence reasons, which come within the assessment criteria under the relevant paragraphs of the Rules), he must have either obtained another leave to remain or left the country.
So he did what he thought was the right thing, now hes been punished in the worst possible way.
It is not about punishment - you are completely missing the point out here. You should think in terms of the legal requirements and not be consumed by your frustration, which everyone, I am sure, perfectly understands. The ECOs have no personal feelings towards applicants - all they are required to do is to follow the procedure bluntly and strictly. If you fulfil all the criteria - you are through, if you do not meet at least one of them - you are rejected outright. This is just as simple as that.
He said there is no point appealling, I say get advice from a lawyer who knows what they are talking about tihs time and see what they think our chances are of a successful appeal.
My personal advice would be to rely on yourself in such a situation. It is always better to sort things out yourself rather than giving this to someone else's hands. Reading, learning and understanding the requirements, which is all readily available on the Net nowadays, is fairly simple and the best approach, from my experience. Also, when you are knowledgeable enough in this subject, you get more respect from the people you are dealing with especially when you talk to them at their level using their own professional language. I have been let down by two lawyers in the past and decided that I would never use them again - this proved to be the correct avenue.
He said he is going to apply for a tourists visa instead, so he will be able to come back for a few months to sort stuff out, I dont think they will give him a chance to come back at all after he has been refused, doesnt a refusal mean never being allowed back into the country ever?
His visitors visa will fall to be refused because he will never be able to fulfil the returnability criterion, as he already had intentions of settling in the UK with you, for which he already applied for before.
Please any advice greatly appreciated, we cant really afford to risk paying for a crappy lawyer again who will only give us bad advice.
Knowledge is the power. I suggest reading the relevant Rules in the Unmarried partners categories, collect all the evidence required and submit with the new application. If the evidence is not sufficient, go to NZ, get married and then apply for a spouse visa after again, reading the relevant Rules.
but I am merely offering that holding a certain position against marriage may be detrimental to an easy resolution to some immigration problems.