Help plz

[Hende123]

Hi

My partner applied FLR O in January 2012 and was refused Feb 2013 no right of appeal. He is a overstaying visitor, who came UK 2002.

We have been together 3 years in May and lived together now 2 years.

Solicitor applied for appeal but refused as no removal directions given. Reconsideration letter was sent to more local UKBA office. No response and claim was lodged to ECHR Strasbourg in October 2013.

Any one have advice, I don't meet the financial requirements to apply from his country. This is getting us both really down.
Has anyone written to MP with refusal cases?

[MPH80]

What's the true impediment to you relocating to his country? (n.b. I don't mean language or such - I mean - reasons you can't leave the UK).

Your problem is that article 8 says you're entitled to a family life - not where - and (generally) the judges agree on that principle.

Writing to the MP will do little good given the appeal refusal already.

M.

[Hende123]

His home country is India, we would be leaving to no jobs, I have permanent full time job. My family and he has family here too.

[Hende123]

If removal directions given can appeal on human rights grounds

[MPH80]

You can appeal - but I'm really not sure there's much chance of success.

He's only been here a short time. You've only been together a shorter time. You haven't established an immovable family life and people cross borders every day to no job and away from family.

If you aren't willing to consider relocating to India - I'd suggest you look at the surinder singh route - but be aware that it's got significantly tougher as of Jan 1st.

[rose_sharon]

Our situations are quite similar.
I think your solicitor is not supposed to go down the appeal route as your refusal doesn't include the right of appeal.
My route was same: a refusal with no right of appeal. Then we went the judicial review path. This starts off with a pre-action protocol letter to the ukba, then on to the judicial review.
I wasn't permitted a review & will be in court in a few days, to be in front of a judge & appeal this.
It's a slippery, expensive & stressful slope.
Good luck!