spouses flr(m) refusal with no appeal HELP!!

[lucas10]

I am 38 and disabled I have 2 kids and I am trying to survive on ESA benefit at the moment. My partner is from Thailand and without boring you all too much I'll try to keep it short as poss., but she looks after the 3 of us.
She entered the Uk on a visitor’s visa Oct 2008 to get a taste of uk life and to see my 4 yr old son Lennon. During this time with me she fell pregnant and a very bad time with it. She was in and out of hospital and in the end had to have emergency c-section. I applied for a extension due to the fact she was too sick to travel. She was given a limited leave to remain to 19 July 09, this was impossible as she was 36 weeks pregnant. On appeal it was extended to 31st Oct 09. On 23rd July 09 Lucas was born with major complications to do with mother and baby.
I made a very detailed application flr(m) on 30th Oct 09 explaining our exceptional circumstances and the turmoil it would have on our family life if she had to leave the uk. It was rejected on 23rd Dec 09 because I forgotten to sign the cheque woops everybody makes mistakes what with 3 year old to look after a sick wife and a new baby! But due to holidays and a postal strike we did not receive the decision letter until 5th Jan 2010.
I was unwell with ongoing sickness and as a result was unable to resend the application until the following Mon 11th Jan 2010.
Yesterday we received the bad news her flr(m) had been refused and we have no right to appeal basically on the grounds of a out of time application and HO say she could easily travel back to Thailand and it wouldn't be to much of a problem and return. This is not an option for us ahe has 2 young kids to take care of and a sick partner. Also the UK high commission in Bangkok would take months and cost hundreds of pounds to get finance visa and thats if its issued given the over stayed stamp in her passport. The time would would be apart would be unbearable. I am too sick to travel with her and lack of funds makes this option unfeasible. If she went alone I could not take care of the kids in my current condition. This is beaurocratic nonsense with no common sense for the circumstances in our case.
We just don’t know where to go now I have suspected crones disease and I'm disabled. I don't were to start or if I have another option! All replies welcome please.

[Casa]

You really need legal advice on this from an OISC registered Immigration Advisor or a solicitor specialising in Immigration.
Under what grounds were you applying for FLR(M) as you aren't married and from your post, haven't lived together 'in a relationship akin to marriage' for a minimum of 2 years?

[lucas10]

Thanks for the reply. Yes we have been living together for 3 years now akin marriage a year in Thailand and 2 years in UK which HO accepted with the evidence provided constitute family life for the purposes of article 8 of ECHR. I assumed we could not apply for a COA because her Ltd leave status. I strongly believed she would get the flr m because of our family circumstances, her tough time during pregnancy, my ill health and pure common sense. Also the amount of time taken for the decision OCT 09- MAR 10. We were looking forward to getting married when we got the visa.
Last week the HO requested further information regarding my 4 yr old, they wanted his birth certificate giving both parents names and details about his Mother which I gave them. He has had no contact from his maternal mother since the age of 9 months and I have looked after him alone. My partner, my wife has been his mummy since they met and he loves her dearly which I explained in my detailed application. I am not a old man with a young Thai bride, we wanted everything to be perfect but are circumstances changed we were in love and she fell pregnant. If you require any further info please ask.

[Casa]

Thanks for explaining. I can sympathise and understand how you must both be feeling. Returning to Thailand may not be the best option for you, but if she does have to return the 'overstay' shouldn't affect the Unmarried Partner Visa application.
As I mentioned in my earlier post, you really need urgent legal advise on this. If you need some recommendations, please PM me and I will pass the contact details on to you.

[lucas10]

Thanks Casa I have sent you a pm.
It will be impossible for her to return to Thailand with a small baby her family would not help because she has a half English baby and is not married. I would go stare crazy with worry about them in Thailand alone without any help and my limited funds! God knows how long it would take to get her rtn visa. We simply could not live without each other I would miss them both terrible and my little 4 yr old would lose another mum he would crack up and he needs to see his brother each morning. This stress really isn't helping my illness which is stress related. I just want to get fit and healthy again get married to my beautiful girlfriend and support my family the way I intended.

[Tim555]

I am 38 and disabled I have 2 kids and I am trying to survive on ESA benefit at the moment. My partner is from Thailand and without boring you all too much I'll try to keep it short as poss., but she looks after the 3 of us.
She entered the Uk on a visitor’s visa Oct 2008 to get a taste of uk life and to see my 4 yr old son Lennon. During this time with me she fell pregnant and a very bad time with it. She was in and out of hospital and in the end had to have emergency c-section. I applied for a extension due to the fact she was too sick to travel. She was given a limited leave to remain to 19 July 09, this was impossible as she was 36 weeks pregnant. On appeal it was extended to 31st Oct 09. On 23rd July 09 Lucas was born with major complications to do with mother and baby.
I made a very detailed application flr(m) on 30th Oct 09 explaining our exceptional circumstances and the turmoil it would have on our family life if she had to leave the uk. It was rejected on 23rd Dec 09 because I forgotten to sign the cheque woops everybody makes mistakes what with 3 year old to look after a sick wife and a new baby! But due to holidays and a postal strike we did not receive the decision letter until 5th Jan 2010.
I was unwell with ongoing sickness and as a result was unable to resend the application until the following Mon 11th Jan 2010.
Yesterday we received the bad news her flr(m) had been refused and we have no right to appeal basically on the grounds of a out of time application and HO say she could easily travel back to Thailand and it wouldn't be to much of a problem and return. This is not an option for us ahe has 2 young kids to take care of and a sick partner. Also the UK high commission in Bangkok would take months and cost hundreds of pounds to get finance visa and thats if its issued given the over stayed stamp in her passport. The time would would be apart would be unbearable. I am too sick to travel with her and lack of funds makes this option unfeasible. If she went alone I could not take care of the kids in my current condition. This is beaurocratic nonsense with no common sense for the circumstances in our case.
We just don’t know where to go now I have suspected crones disease and I'm disabled. I don't were to start or if I have another option! All replies welcome please.

Its so sad to hear that. Hope for the best dont loss your heart. I agree with casa. you need good legal advise.

Regards,

[lucas10]

Thanks tim555, I am on the search now for a good solicitor who could help us we are heart broken. I am sitting here now looking at my kids with a tear in my eye thinking how much I love them. I will never take them for granted again.

[Wanderer]

It's not clear to be from your initial post, but did your partner use NHS services in a visit visa, other than emergency treatment, ie related to the birth?

It's never been easy to switch from visit visa in-country, you did well to get what you got!

Anyway i agree with Casa, may not be the best choice for your circumstances but applying from home seems the quickest way or sorting this, DL and HRA application get pushed to the back of the HO pile and I think I read here with only a 30% chance of any success.

[lucas10]

Yes she did on her vistors visa and emergency treatment on her ltd leave to remain visa. We had no choice she was quite unwell. I have an outstanding bill from them after the birth I 'm paying off

[Casa]

It's important that you keep records to show the NHS bill is being settled.

[lucas10]

Thanks casa, got your pm aswell. I will dig out all correspondance to nhs. We can gain access to her medical records showing the rough time she had while she was pregnant and emergency c-section it that helps. I am probably going to have to spend some serious time now getting all the eveidence we can to prove this is not just a case of us blatanly disrespecting immigration rules but exceptional circumstances which would have caused our family unit to be torn apart and put at risk. We had no other choice but to apply for a flr(m) visa in UK because of our circumstances, which I can clarify further if neccessary.
Thanks again