settlement refused

[estell47]

i have just received a refusal from BHC Kampala, iam so disappointed i dont know what to do, i need help to find a good representative for my appeal. i had traveled to Uganda before oct 1st, hoping to take advantage of the so called concession, well, this is an extract of the reasons for refusal,
i am satisfied that you have a subsisting relationship...........however i am aware that your permission to stay in uk expired in 2001, you made no attempt to regularise your stay in the uk until after you met your partner, you claim to have been confused and not knowing what to do( i told her that my ugandan passport was lost, and it was very difficult for me to obtain one from the ugandan high commission at that time thats why it took me a while to make an application to regularize my status, also although i met my partner in june 2004 we started leaving together in dec 2005, so i could not have lodged an application before then, bse we would have needed evidence of living together)she goes on to say, as evidence that you have attempted to regularise your stay on the basis of your relationship with your partner you have submitted a copy of a home office letter dated 25 april 2008. you have submitted nothing prior to this date despite your claim to have submitted an application between april and june 2006( now the home office letter clearly says that my application was still under concideration, there is a date and address for her to verify her facts, i thought the latest letter ie april 2008 was enough to show that we had been waiting for an application and indeed decided to withdraw it!!)........you have submitted nothing to show that you made an attempt to regularise your stay btwn 2001 and 2008!!( does the letter from home office not prove this?? am confused) i further note that you have submitted nothing to show how you supported yourself in the uk between 2001 and moving in with your partner. i find it entirely lacking in credibility that you supported yourself from your savings. you have submitted no evidence of being self supporting during that time and i am not satisfied that you did not work illegally or claim public funds. ( i submitted 2 p60's and a letter of resignation dated 15th july, the same job i had done since 1999, so i did not hide anything from her, also with my national insurance number she should have easily verified that i have never used public funds, in the interview i said to her that i used my savings to study and gain an MBA, that is when i spoke about savings not to support myself entirely like she implied!!) i noticed that you have an nhs card and have admitted to receiving free nhs treatment to which you had no entitlement. you have also been working illegally with barchester healthcare. i am satisfied that that you were aware that you had no entitlement to receive employment or receive free nhs treatment ( we submitted letters from hospital showing our ivf treatment and confirming our frozen embryos!! the treatment is for a couple, not just me, how about my british partner? i have always had an nhs card from when i first went to uk legally!!). i am satisfied that you have contrived in a significant way to frustrate the intentions of the immigration rules described in ECG 26.18. you met your partner in 2004 yet you still made no attempt to regularise your stay in the uk( we started living together in dec 2004 and made application 5months later!!!! wots wrong with this woman!!) on balance i am not satisfied that your particular circumstances are of a sufficiently compelling nature for me to exercise the powers of discretion granted to me by paragraph 320(11) of the immigration rules i am therefore refusing...........under paragraph 320(11) of the immigration rules.........furthermore there appears to be no insurmountable resons as to why your partner could not come here and live with you(my partner is an engineer with a reputable company, earning 35,000pounds a year, also, is she implying that we fly our frozen embryos to uganda? what an inconciderate woman!) sorry for the long complaint but someone please advice!!!!

[Frontier Mole]

It will be far quicker and easier to get married in Uganda and apply again for a spouse visa.
You are not going to get very far with the appeal for a good number of reasons.

[chibage]

FM How would applying again make a difference?

[Twin]

FM How would applying again make a difference?

very good question indeed. i would also like to know.

[Wanderer]

Because reapplying with refusal points addressed is always quicker than appealing?

[Frontier Mole]

The unmarried partner claim fails at the first hurdle as the claim was first made after less than two years of living together. So the basis of her attempting to regularise her stay in effect becomes nonsense.
From then on it all goes down hill. The use of the NHS is a negative but not normally a visa killer. What it was used for was a visa killer - IVF is a high cost use of the NHS for zero medical gain in terms of a preventive or curative procedure. In effect it is a major abuse.

Then they withdrew the unmarried partner application (primarily to return to Uganda by all accounts to take advantage of the concession) suggests there is not the commitment to the relationship that there could be. If marriage took place that would be a more tangible event than all the trying to prove two years of living together. There is no need to demonstrate any pre marriage time together, just that there was a relationship.

If this case goes to appeal it will fail because the credibility of the OP is nil. The relationship is suspect although the refusal will say otherwise. The PO will still drive a coach and horses through the UK partner. The final point will be – so you knew she did not have status in the UK but you helped her to access a high cost treatment by deception? Oh dear, dismissed appeal and no hope of recovery even by marriage.

Perverse though it might seem accepting the refusal and getting married sweeps a great deal of the negatives away. The “we are in love and want to have childrenâ€

[republique]

...you made no attempt to regularise your stay in the uk until after you met your partner, i met my partner in june 2004 we started leaving together in dec 2005, so i could not have lodged an application before then, you have submitted nothing to show that you made an attempt to regularise your stay btwn 2001 and 2008!!( does the letter from home office not prove this?? am confused)
You really see what you want to see. It is irrelevant that you didn't meet your partner until 2004. You willingly stayed in the UK illegally until you found an easy route so the letter for the application in 2005 is pointless.

i further note that you have submitted nothing to show how you supported yourself in the uk between 2001 and moving in with your partner. i submitted 2 p60's and a letter of resignation dated 15th july, the same job i had done since 1999, so i did not hide anything
Well good for you, you didn't hide anything but that isn't the point. She found it incredulous that you would brag about using your savings when you were working illegally.

i am satisfied that that you were aware that you had no entitlement to receive employment or receive free nhs treatment ( we submitted letters from hospital showing our ivf treatment and confirming our frozen embryos!! the treatment is for a couple, not just me, how about my british partner? i have always had an nhs card from when i first went to uk legally!!).
Again, so what? you used nhs for costly frozen enbryos treatment. Shame on you. How do you think she is going to react to that. It is for you and your partner, just because your partner is British doesn't give you a freebie. For goodness sake, use some common sense.


i am satisfied that you have contrived in a significant way to frustrate the intentions of the immigration rules described in ECG 26.18. you met your partner in 2004 yet you still made no attempt to regularise your stay in the uk( we started living together in dec 2004 and made application 5months later!!!! wots wrong with this woman!!)
Again, you forgot about the other 4 years you were in the UK illegally. What is wrong with you?


Furthermore there appears to be no insurmountable resons as to why your partner could not come here and live with you (my partner is an engineer with a reputable company, earning 35,000pounds a year, also, is she implying that we fly our frozen embryos to uganda? what an inconciderate woman!)

What an inconsiderate woman!? You are completely out of order. You are not entitled to your embryos, you got it from treatment you weren't entitled. IN fact, no you dont'get it flown to Uganda, you get the doctors in uganda to freeze them for you. Second, so what your partner is an engineer in a reputable company making 35K a year. Is that supposed to make you so special? If he is such a hot shot, then he obviously can get a job there.

I think you need an attitude adjustment. But for sure, you have no entitlements in the UK so you can just get off your high horse and start from scratch from Uganda. That is clearly your best chance because your current case to appeal has not one drop of merit whatsoever.

[Frontier Mole]

Twin,
And you said I was unsympathetic........
Republique for president.