Second opinion needed!!

Old Nov 19th 2017, 3:43 pm
  #16  
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Default Re: Second opinion needed!!

Originally Posted by 2Wings
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!!
It does sound like he has not recovered fully from what happened and maybe still feeling he needs to be there for his son all the time if he had to care for him from that very young age.
It would certainly not be wise to sell the flat, as it would leave him and his son in a precarious position. Rents are very high, as you say, and you may have to keep moving when landlords want their properties back.
The links provide info on a topic to discuss with a lawyer about circumstances where other sources of income/funding are permitted for a spouse visa and then a ten year route.
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Old Nov 19th 2017, 3:43 pm
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Default Re: Second opinion needed!!

I’ve always been extremely respectful of the immigration laws, so I’m struggling with all of this a bit mentally. I’m terrified I’ll be deported or have a black mark in my record. The UK is such a tough country to immigrate to. I could have those boys in Canada in no time flat. Sadly they don’t want to come here. Son cries everytime I have to return home. It’s heartbreaking.
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Old Nov 19th 2017, 3:45 pm
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Default Re: Second opinion needed!!

Thank you kindly for this helpful info!
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Old Nov 19th 2017, 3:52 pm
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Default Re: Second opinion needed!!

Originally Posted by 2Wings
Thank you kindly for this helpful info!
You have plenty of research to keep you busy now... !
so I hope that a way is found that you are comfortable with.
best of luck...
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Old Nov 19th 2017, 3:56 pm
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Default Re: Second opinion needed!!

Thanks again for all of your help! It’s greatly appreciated! Thanks everyone for your comments. x
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Old Nov 19th 2017, 4:44 pm
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Default Re: Second opinion needed!!

Originally Posted by angie_329
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/
With the greatest of respect, neither of these articles are relevant to the OP's situation.

Whether third party funds can be taken into account, are only considered at the discretion of the ECO where extreme hardship or circumstances have led to the financial requirements not being able to be met, and where the applicant and family are already living in the UK.

Cases such as this have usually been at the FLR(M) stage of the immigration process, involved children. and, where successful, the family have been put on a 10 year program.

The OP does not fit into the above category. She a) knowingly married someone who cannot sponsor her to move to the UK and b) the husband and son could move to Canada. The fact they chose not to is irrelevant.

The lawyer is flying kites .... but might make a nice little earner if she gets the case.
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Old Nov 19th 2017, 5:06 pm
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Default Re: Second opinion needed!!

Thank-uou for presenting your angle. It begs the question as to wether or not one is getting proper legal advice. I researched the solicitor. Has excellent reviews but not certain how her capabilities would assist me. I suppose it’s fair to say perhaps she gave the advice in terms of gaining a client and making lots of money. Or on the other hand she knows something about the law In terms of being able to swing things in my favour. I’m sick with anxiety and worry with regards to making the right decision for us as a family.
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Old Nov 19th 2017, 5:14 pm
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Default Re: Second opinion needed!!

Originally Posted by 2Wings
.... It begs the question as to wether or not one is getting proper legal advice. I researched the solicitor. Has excellent reviews but not certain how her capabilities would assist me. I suppose it’s fair to say perhaps she gave the advice in terms of gaining a client and making lots of money. ....
She may be doing it for the publicity, and gaining future clients, because if you could afford to fully fund a case all the way to the high court, or beyond, then you wouldn't be worrying about assets and/or income to meet the sponsorship for a spouse visa requirement!
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Old Nov 19th 2017, 5:24 pm
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Default Re: Second opinion needed!!

Exactly! Well said! :-D

She was so relaxed during the consultation. Just made it sound so effortless. I can’t tell hubby I’m on this site. He will flip. He is sold on this solicitor . I will however get a second and third opinion even if it means not telling him. My life and future are at great risk, and it would be silly to jump in without knowing what I’m dealing with. Free advice ( that’s legit and good) is few and far between when consulting with solicitors. I might have to bite the bullet and pay $$$
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Old Nov 19th 2017, 5:33 pm
  #25  
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Default Re: Second opinion needed!!

Just to give the lawyer the benefit of the doubt in terms of interpreting the rules, I must say some of the guidelines are very unclear. For instance, in the lists of required documents, the wording is sometimes vague, such as 'you could include' and giving a list of possible documents, when in actual fact some are definitely required. Their wording suggests options whereas there are few and if you miss out one, you could be refused outright. Then look at the last line in this:

Proof of relationship
If you’re applying as a spouse or partner, you’ll be asked about:

your relationship with your partner, for example how you met and how often you see each other
how long you’ve lived together - you’ll need to send proof like council tax bills
things you pay for together
whether you’re your partner’s carer
You don’t generally need to send in things like WhatsApp messages, Skype history or photos of you together.

When applicants fail to send in messages or photos etc. to prove their subsisting relationship, they are refused! How confusing is that?!

I can understand a lawyer reading the guidance and being as misinformed as an applicant. A lawyer may also read the 'new' rules and feel that there will now be much more leniency with the possibility of third party support and more compassion being shown for personal situations. But we know this rarely happens and may only be applied in excepti9nal cases and when the applicant is already in the UK.

I would not advise the poster to follow her lawyer,s advice at all as she could be deported and then banned for ten years! It is not worth the risk. A very difficult situation and I feel for her.
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Old Nov 19th 2017, 5:56 pm
  #26  
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Default Re: Second opinion needed!!

To sum up the situation as I see it:
  • Your husband wants you to give up your apartment, job and life in Canada in order to move to the UK, and to overstay your tourist visa
  • Your husband flatly refuses to discuss alternatives, using language such as 'end of discussion', and became angry with you when you questioned the lawyer's advice
  • The lawyer's advice is to deliberately overstay your visa, thus giving yourself an adverse UK immigration history, and your husband's happy for this to occur
  • The lawyer told you that your 13 year old stepson can't move to Canada because he's 'settled' in the UK, and was interested whether or not your stepson visited his mother's grave
  • Your husband's first wife died when your stepson was 9 months old, so over 12 years ago

My conclusions based on the above:
  • Your husband is displaying no interest in your feelings, in your wellbeing, in your fear of doing the wrong thing, in the emotional, financial and legal risks you would be taking. He's expecting you to take all the risks and upheaval, while simultaneously flatly refusing to change anything about his life.
  • Your husband's anger at your perfectly understandable questioning of the lawyer's advice, combined with his refusal to consider your wellbeing, is a red flag for your future life together and your personal future happiness.
  • For whatever reason, your husband appears to be firmly mired in the past, unable to recover from his first wife's death, unable to maintain full time employment, unable to move on. After 12 years. Without any evidence to suggest the contrary, this situation seems set to continue.
  • I don't know enough about immigration law to say that your lawyer's an idiot, although I'm tempted. However, I can certainly say that she should stick to her own profession and stop trying to influence your decision with unskilled, meaningless psycho-babble about your stepson.

Please think hard and long before immersing yourself in a situation which, based on what you've written, will bring you a world of pain. Best of luck.
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Old Nov 19th 2017, 6:13 pm
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Default Re: Second opinion needed!!

Your summary is spot on. This is what I am dealing with. Correct.
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Old Nov 19th 2017, 6:36 pm
  #28  
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Default Re: Second opinion needed!!

Just thinking about some of the results if you were to move to the UK, and follow the overstay advice etc........

You say you have a good job in Canada? What would you live on if you give that up? Your husband has no job, thus a limited income, and you could not claim UK benefits, nor could you work till the visa issue was sorted out.

If your stepson is so attached to the memory of the mother who died when he was an infant - what does he actually think of you moving in?

If your husband is being controlling now, and refusing to listen or discuss - how does that bode for the future?

Speaking as someone who moved continents in order to marry - and divorced very soon afterwards..........be careful, be very careful. I know I am playing devil's advocate a bit, but please really give this some careful objective thought before making life-changing decisions.
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Old Nov 19th 2017, 6:38 pm
  #29  
 
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Default Re: Second opinion needed!!

I would be running a mile from any legal adviser who advises you to break the law. That route will only end in tears.
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Old Nov 19th 2017, 6:53 pm
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Default Re: Second opinion needed!!

Originally Posted by spouse of scouse
To sum up the situation as I see it:
  • Your husband wants you to give up your apartment, job and life in Canada in order to move to the UK, and to overstay your tourist visa
  • Your husband flatly refuses to discuss alternatives, using language such as 'end of discussion', and became angry with you when you questioned the lawyer's advice
  • The lawyer's advice is to deliberately overstay your visa, thus giving yourself an adverse UK immigration history, and your husband's happy for this to occur
  • The lawyer told you that your 13 year old stepson can't move to Canada because he's 'settled' in the UK, and was interested whether or not your stepson visited his mother's grave
  • Your husband's first wife died when your stepson was 9 months old, so over 12 years ago

My conclusions based on the above:
  • Your husband is displaying no interest in your feelings, in your wellbeing, in your fear of doing the wrong thing, in the emotional, financial and legal risks you would be taking. He's expecting you to take all the risks and upheaval, while simultaneously flatly refusing to change anything about his life.
  • Your husband's anger at your perfectly understandable questioning of the lawyer's advice, combined with his refusal to consider your wellbeing, is a red flag for your future life together and your personal future happiness.
  • For whatever reason, your husband appears to be firmly mired in the past, unable to recover from his first wife's death, unable to maintain full time employment, unable to move on. After 12 years. Without any evidence to suggest the contrary, this situation seems set to continue.
  • I don't know enough about immigration law to say that your lawyer's an idiot, although I'm tempted. However, I can certainly say that she should stick to her own profession and stop trying to influence your decision with unskilled, meaningless psycho-babble about your stepson.

Please think hard and long before immersing yourself in a situation which, based on what you've written, will bring you a world of pain. Best of luck.
I was going to put it a tad more bluntly than that
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