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Being pregnant won't make any difference. Also I feel it only fair to say Jamaica is just about the hardest place to get a visa from, I think the last figures show roughly 1000 refusals out of 1500.frances2 wrote:Hello everybody. I hope I'll be able to get some help with my very complicated problem.... Here goes....
I am in a relationship with a Jamaican man whom I met 4 years ago whilst he was here in the UK.
He returned to Jamaica three years ago Oct 2004 (he was deported, left of his own volition, but had overstayed). He was married whilst in England (not to me), but to an English ex girlfriend who offered to marry him to help him with his reapplication for a UK spouse visa when he returned to Jamaica.
He applied for a spouse visa on three occassions and each one was turned down for a number of reasons - mainly doubts over the wife's financial stablity and doubts over the validity of the relationship.
Meanwhile I have made several trips to visit him, and we have a strong relationship and plenty of evidence to back this up. He is now persuing a divorce, which his wife is sorting here in England.
Following my most recent visit, I now am pregnant - planned. Baby should be due around May.
I'm going to seek legal advice, but stumbled across this site and wondered if anyone could help me here. What I want to know is what is the best way of getting him here at least for the birth of the baby.
Fraid not, or everyone would be getting preggers to get a better change of a visa so u can understand it.frances2 wrote:Thanks
I'd heard Kingston was one of the toughest places from which to get a visa.
Just to add.... My own position makes me an excellent candidate as a sponsor... financially and proffessionally, so it's just a case of knowing what's the best way of going about things....
Shame the pregnancy makes no difference, are compassionate grounds not taken into account?
I think a VV would be refused give either his relationship with u (ECO will assume he intends to settle on it) or independent of that, his deportation.frances2 wrote:I can definately do that. I earn stacks of cash, own my own home and have been to Jamaica about 8 times in the last three years. Have phone records, pictures etc etc
My concern is his previous applications which not surprisingly were turned down. Obviously they weren't with me, and I will make sure our case is water tight.... With the help of much advice and a specialist solicitor...
However... We can't marry untill his divorce comes through, then when it does come through I don't think that will gives us time to get the application processed. What I was wondering was whether it's worth applying for a visitors visa in the short term so at least he'll be here for the birth....
I don't think u can really. UK gov wants him here on the right visa, we all know it's stupid, but the tenet is a tourist visa is for touring, nothing else. Same as a Student visa is for studying, so u cant say bring ur gf/bf on a study visa and admit really it's cos ur together. Badly put, hope u get the picture.frances2 wrote:Thanks for your interest.
No we never lived together in the UK. We just dated for about 12 months. But he wasn't deported, he left of his own free will. thinking he'd just get back easy peasy because he was married. Bit numb really, but things are easy in retrospect.
So you think applying for a VV so he'll be here for the birth and a bit after is a bit of a none starter. I thought may be if we can convince them he'll go back, which he definately will, so we can get things sorted legitamately ie married then a spouse visa application. More than anything we want to live a normal life, it's just convincing the ECO (is that right?), and inorder to do that he'd have to go back after his VV was up so we can apply properly.
Any ideas how we get that across?
Thank you Amanda, I value your opinion, it looks like a VV is a none starter, but I suppose there may be nothing to lose whilst waiting for his divorce to go through.avjones wrote:You can always try to apply for a VV, but I would rate your chances as very, very low. You've got previous overstaying, previous unsuccessful attempts to enter as a spouse with another woman, incentive to stay because of the baby - I bet the ECO would say this has overstaying written all over it, sorry.
Hiya, Hun I am in the same postion as you although our cases may seem complex there is hope! this borad is very good as you can get a lot of help here.frances2 wrote:Up date....
I went to see a specialist immigration solicitor, this was time and money well spent. We went through previous refusals of his marriage applications and the current situation as is.
She felt that unless we waited for the divorce and applied for a fiance visa the only option we had was a visitor visa, detailing our "friendship" which has developed into a relationship, and a planned pregnancy - which it is - to request a visit visa to be here for the birth, explaining that this is the only visa we can apply for and detailing our long term plans to marry so that we can apply for a settlement visa, all of which is reliant on him returning. Because the main block, as mentioned before, will be ECO believing he will not overstay. Which her wont, we want to live a normal life and be able to travel etc... We/I need to come up with proof that this is the case.
I'm well aware that it still may be refused, but at least our relationship and the pregnancy will be on record. This will only help future applications.
What a ridiculous nightmare. Why can't life be simple?
Please excuse the mistakes I have reading and Writing problems!sally12345 wrote:Hiya, Hun I am in the same postion as you although our cases may seem complex there is hope! this borad is very good as you can get a lot of help here.frances2 wrote:Up date....
I went to see a specialist immigration solicitor, this was time and money well spent. We went through previous refusals of his marriage applications and the current situation as is.
She felt that unless we waited for the divorce and applied for a fiance visa the only option we had was a visitor visa, detailing our "friendship" which has developed into a relationship, and a planned pregnancy - which it is - to request a visit visa to be here for the birth, explaining that this is the only visa we can apply for and detailing our long term plans to marry so that we can apply for a settlement visa, all of which is reliant on him returning. Because the main block, as mentioned before, will be ECO believing he will not overstay. Which her wont, we want to live a normal life and be able to travel etc... We/I need to come up with proof that this is the case.
I'm well aware that it still may be refused, but at least our relationship and the pregnancy will be on record. This will only help future applications.
What a ridiculous nightmare. Why can't life be simple?
Can I ask what Lawyer did you go and see? it;s just that London lawyers are so pricey! and your lawyer seemed like she gave you hope which is a good thing.
Keep faith and pray god see's all hun:))
I understand that you dont want to leave details thats fine! I do have a few people in mind it's just knowing who to trust? what do you do work wise? as this seems like it could help your case the fact that you have a good job and own your own home. Is a good thing? I wish you well I am, in the smae boat. Just have faith if you love your man like you say you do then you will fight untill the end! dont give up hunfrances2 wrote:My solicitor was in Manchester, she was very good, but NOT cheap, but I felt like I got value for money. I wouldn't post her details on the internet - I would like advice from mods regards passing on details of a solicitor.
She did give me hope, but was very realistic that are chances are poor and very reliant on my ability to put our case very strongly. I plan to do both personal statements and email them to her, and she'll advice accordingly. The key is to be totally honest and speak from the heart as far as I can see. Plus my own credibilty due to my proffession should rate high. But I need to help my partner with his, he's a good man - just been ill advised - and made mistakes in the past with his previous applications. Unfortunately the law does not allow for ignorance as an excuse....
If hope swings a client into a net then why wouldn't hope be handed out in big doses by every lawyer going? And it is. It's also usually followed by a "I don't guarantee anything" just as a CYA. There is no substitute for doing a lot of research yourself and using your solicitor's advice as only one input into your understanding and decision/s. In my experience a lot of solicitors specialising in immigration matters can help you less than many lay people on this board.your lawyer seemed like she gave you hope
Thank you for your comments.OL7MAX wrote:frances2 and sally12345, you do realise you can exchange solicitors' details via PM?
Anyway, with respect the problem at hand: the man lied, violated visa conditions, entered into a sham marriage and, generally, seems to have no problem with duping his way. This board is not about giving you relationship advice so I won't comment on "basis for trust" but to an ECO he looks dodgy, dodgy, dodgy. There may be circumstances that he could use in his defence but I can't see mitigating circumstances for wilful default being swallowed up by the ECO.
If hope swings a client into a net then why wouldn't hope be handed out in big doses by every lawyer going? And it is. It's also usually followed by a "I don't guarantee anything" just as a CYA. There is no substitute for doing a lot of research yourself and using your solicitor's advice as only one input into your understanding and decision/s. In my experience a lot of solicitors specialising in immigration matters can help you less than many lay people on this board.your lawyer seemed like she gave you hope
On a different note you may want to explore your boyfriend applying for stay in an EC country other than the UK.
Obviously a sore issue then. As I pointed out, it's the ECO you need to convince so all the best with that.He may to you and others look dodgy, but he is not. And I do not appreciate ..