Second opinion needed!!
 

Hi everyone I’m new to the site as of today so I hope I am phrasing my question in the correct forum. I have been in an LD relationship with a British citizen( born in the UK) since 2010. I live in Canada and my partner lives in the UK. We married in the UK in 2014 on a marriage visitor visa and I returned to Canada. My partner is unable to sponsor me, as he is a single parent to a 13 year old boy ( UK born) who’s biological mother is deceased. He does not meet the income requirements. He works minimally and is in receipt of Job Seekers Allowance. Hence, I visit once a year for two weeks. On my most recent visit ( 3 weeks ago) we met with a solicitor who suggested that on my next UK visit, I simply stay for 6 months ( Canada is visa free so I can legally stay 6 months)...then overstay...then file an application for a spouse visa on the 10 year route ( since we don’t meet the 5 year route income requirements ) She felt that we had a good chance since my stepsons mother is deceased and we can submit our application on grounds of compassion. We have everything to prove the genuine aspect of our relationship. My only fear is giving up everything I own in Canada ( my apartment, job and possessions) and going forward in breaking the law ( overstaying) which I have never done before. I’m looking for your thoughts on this matter...it’s a huge risk.

Re: Second opinion needed!!
 

:popcorn:

Re: Second opinion needed!!
 

No one on here is going to advise you to break the law

Re: Second opinion needed!!
 

Welcome to BE.
That is a tough one! Both for you as a person and in terms of the current climate in the UK to reduce immgration.
In your shoes I would want to know how much percentage chance the solicitor thinks you have going that route ( and her costs). Also how many tough or similar cases she has handled. You can ask on which prior legal grounds and judgements she expects to be able to make a case for compassionate circumstances. The current climate for immigration is very tough and during the process you probably will not be allowed to work nor be entitled to public funds.
FYI
https://www.freemovement.org.uk/host...onment-affect/
There are also some in depth articles on legal cases on /human rights and appeals on that site which may be of help to you.

You should ask how long she estimates it would take for your case to be resolved. It could take years during which you will be very stressed.
You have a nice country to go back to, in the probable view of the Home Office, if they choose to deport you. Also they ( HO) may take the view that your husband and his son could go and live with you in Canada.
I think the reasons for your partner's not working would be looked at in depth. If he were incapacitated in some way the requirements for spouse visa are less onerous. I believe Job seekers allowance is usually paid for six months then one has to do training or similar, His son is 13 so not that small and they may think you have not played any large role in his life with only 2 week annual visits.

I would certainly seek a second legal opinion and even a third one before giving up your life in Canada. Also your partner should contact his MP(member of parliament) to let them know about your situation for future reference.

Re: Second opinion needed!!
 

Here is an article showing how even with what most people would deem highly compassionate circumstances the HO refused the wife's visa. The Home Secretary then reversed the decision due to public pressure.

https://www.theguardian.com/uk-news/...-wife-leave-uk

Re: Second opinion needed!!
 

Thank-you for that informative response! Yes it quite a scary thing for me to undertake and more thought needs to go in to this. The lawyer did indicate I had no records to public funds, and I myself knew I couldn’t work. She made it sound so easy! Said junior cannot be uprooted to go live in Canada when already settled and asked if he visits his mothers grave. I left her office in glee thinking we’ve got this!...only hours later to be filled with fear. Hubby got angry at me for questioning what the lawyer said and didn’t think she would offer advice that would put me in danger. So thank-you for allowing my question and for your response. I will research further!

Ps: hubby can’t find full time work after 8 years together ( so annoying) and flat out refuses to live in Canada. He’s never even visited. Honestly, I don’t think he would like it. He’s very British.

Re: Second opinion needed!!
 

Sorry...*recourse not records

Re: Second opinion needed!!
 

If you've owned the apartment for more than 6 months and if it's worth more than £62,500, you can use the savings route for spousal sponsorship.

Unless I'm missing something.

Re: Second opinion needed!!
 

I only rent the apartment unfortunately. Hubby owns his flat 40% in a shared ownership and the mortgage is paid off. He refuses to sell. Says we can’t afford to rent.

Re: Second opinion needed!!
 

Ah, OK.

Re: Second opinion needed!!
 

you are most welcome... I have found in life it pays to research thoroughly so one can make an informed decision. with all the pros and cons. I think the link I sent has immigration barristers who also do a video consultation. They are a good chamber from what I know.

about your husband,,, not knowing his history etc, its hard to say what is preventing him finding work.. sometimes there are psychological / confidence barriers when someone has been unemployed a long time.. does this date from after his first spouse's death? There should be some support mechanisms if he asks about them at the job centre or his GP.( doctor)- or there may be some mentoring programmes which are helpful.

Re: Second opinion needed!!
 

A couple of legal articles that you may find informative on the family visa case at UK Supreme Court-where there is now some leeway on where support funds come from. This may be worth looking into further.

https://newlandchase.com/uncategoriz...h-august-2017/

https://legalresearch.blogs.bris.ac....n-the-mm-case/

Re: Second opinion needed!!
 

That’s a valid point for sure. I believe he is dealing with psychological and confidence barriers. He is technically employed but works so little. He left his civil service job when his wife passed away, to raise his son who was only 9 months old. He’s never been able to fully get back in the game so to speak. I was angry he would not sell the flat to get the £62,500 we would need...but after exploring rents in London...it’s insane! Than-you so much for the links!!

Re: Second opinion needed!!
 

If you have a job and accommodation, and your husband is a widower and only part time employment, is there some reason why he and his son aren't moving to Canada? :unsure:

Under the circumstances you describe, I think you are right to be very concerned about giving up most of the family income and embarking on a path with no certain outcome, in terms of getting a visa to live in the UK, not to mention the time and expense of such a route.

Re: Second opinion needed!!
 

Hubby flat out refuses to uproot the son who is settled in school, and has mates etc..also he and my stepson visit the grave of the deceased wife/mum so they would not want to leave it. Both hubby and son refuse to even consider moving to Canada. Hubby said “ it’s not an option, end of discussion.” So this route I’m exploring right now seems to be my only hope. Admittedly I’m surprised a solicitor advised me to break the law. Apparently there is a loophole in the rules according to her.