Do not meet financial requirement and cannot relocate

[beckytj]

Hi guys,

Hoping someone can spread some light on this issue.

My partner has been living with me and my 2 children for 3 years. I and my children are British citizens.

His visa is due to expire but we do not meet the financial requirement for unmarried partner visa.

May we be eligible to apply for discretionary leave to remain due to the fact that I would not be able to relocate to his country or move with him to a european country as my two children would have to be pulled out of school and they would lose their ties with their father and the rest of the family. Also we run a business together and if he is forced to leave the UK the business would have to be closed leaving me without a job and on benefits.

We are likely to meet the financial requirement for partner visa in 12months time.

What are my options

[Casa]

He could apply for FLR(FP).

[Obie]

I take it the children are yours , not his, is that correct?

[beckytj]

Yes this is correct, the children are mine and not his.

[beckytj]

Would this strengthen or weaken the case, as the children are 7 and 14yrs and have lived in England all their life. There is no way their biological dad would agree to them moving abroad and I couldn't go to his home country to live there and leave my children behind.

He has already had entrepreneur visa refused (3 days ago) so we only have a certain amount of time to get a new application in and cant afford to get this wrong.

Many Thanks

[beckytj]

Can anyone advise please.....
We have to make up our minds by tomorrow on what to do.

[Obie]

I believe FLR(FP) will be the best application.

You will need to explain why there is an insurmountable obstacle to your moving to his country, as he does not seem to have any parental relationship with the children.

[beckytj]

I believe FLR(FP) will be the best application.

You will need to explain why there is an insurmountable obstacle to your moving to his country, as he does not seem to have any parental relationship with the children.

Thankyou for the fast response

I was hoping to rely on the fact that I as a British citizen who have a right to a family life could not relocate with him in his home country due to my British children who need to stay in England to maintain contact with their father and the rest of the family. Also both children live with us so he is a step parent to them in our eyes. They only see their biological dad for 2 hours a week. The rest of the time they are with us.

[Obie]

If you present it well, he may succeed.

[beckytj]

Thankyou. We are seeing the lawyer tomorrow and going to present this option to him.

Thankyou so much for the advice. I will keep you informed.

[Obie]

Good.

If he is a decent lawyer, he should be able to assist.