They think they're special

Now this couple has had a rough time with family health matters and I sympathize with that. But they think they deserve to be outside the rules!

Moving here on a visitor visa. Applying for the in country visa extension and being correctly denied as it was not the appropriate visa. Then fighting a correct refusal for 4 years and £18k ('his entire savings')...   And now they are asking people for money.

If they had just sent the American to the states for a little while to apply, it would have been cheaper and he'd be in the UK legally now!

https://neweuropeans.net/article/2449/transatlantic-love-story-foretells-cross-channel-troubles-come#.W7U0HUgZeCU.facebook

It seems to me that the writer is trying to make this out to be a LGBT issue when it Is not.  AFAIK, a heterosexual couple would face the same rules.

I'm also slightly annoyed by the claim that both of them are suffering "mental health issues" caused by the stress of these problems.  Sounds like an exaggeration of the normal amount of stress anyone would feel in that situation into a medical problem.  That kind of thing trivializes actual mental health issues.

About the bigger picture, those guys should obviously be able to live here together, despite their stupidity and inability to follow rules. 


I've previously considered joining that New European organisation but this has put me off.

Now this couple has had a rough time with family health matters and I sympathize with that. But they think they deserve to be outside the rules!

Moving here on a visitor visa. Applying for the in country visa extension and being correctly denied as it was not the appropriate visa. Then fighting a correct refusal for 4 years and £18k ('his entire savings')...   And now they are asking people for money.

If they had just sent the American to the states for a little while to apply, it would have been cheaper and he'd be in the UK legally now!

https://neweuropeans.net/article/2449/transatlantic-love-story-foretells-cross-channel-troubles-come#.W7U0HUgZeCU.facebook

So basically he entered as a visitor and didn't want to return to his own country to apply for a partner visa as everybody else does, and still doesn't. But because he is gay, the 'not allowed to switch (in country) from a visitor,'' rule, should not apply to him?

I don't understand this part either-

"Unfortunately, Ben will not be able to visit the USA on a tourist visa, so would have to apply for a work visa which could take up to two years to come through."

Why can't he enter the US as a visitor? Why would a US work visa take up to 2 years?

It's a really, really bad article.

It seems to me that the writer is trying to make this out to be a LGBT issue when it Is not.  AFAIK, a heterosexual couple would face the same rules.

I'm also slightly annoyed by the claim that both of them are suffering "mental health issues" caused by the stress of these problems.  Sounds like an exaggeration of the normal amount of stress anyone would feel in that situation into a medical problem.  That kind of thing trivializes actual mental health issues.

About the bigger picture, those guys should obviously be able to live here together, despite their stupidity and inability to follow rules. 


I've previously considered joining that New European organisation but this has put me off.

As part of a het couple, yes, we are required to follow the EXACT same rules.

The entire thing is a crock of poo. I think it shouldn't be so difficult to move here with my husband, but I follow the rules because I have to. Dude posted it in an American expat group I'm in and was all put out when people mentioned if he had just gone back to the states and applied he would be fine and here legally.

It's a really, really bad article.

It is a terribly written article and a newspaper picked it up and used the same BAD information. 

I don't understand this part either-

"Unfortunately, Ben will not be able to visit the USA on a tourist visa, so would have to apply for a work visa which could take up to two years to come through."

Why can't he enter the US as a visitor? Why would a US work visa take up to 2 years?

I don't get it either. The whole thing is a mess and full of incorrect information.


Whoever wrote it obviously took the story at face value and didn't bother asking any real questions or looking into things like you should.

Dude posted it in an American expat group I'm in and was all put out when people mentioned if he had just gone back to the states and applied he would be fine and here legally.

And nearly on ILR.

If he ends up getting himself deported, then he faces a 10 year ban.

When you read stuff like this, you can see why the law had to change to end all in-country appeals from 2016. Abuse always get closed down. But as usual, those that abuse, make it so much harder for the honest people who abide by the rules and for those who make a genuine mistake.

The financial requirement came in because of the numbers going on welfare when they arrived, claiming through their British spouse. The £18.6 set just above the poverty cap for a couple, for the welfare payment called Working Tax Credit.

It's so frustrating to watch pigheadedness get in the way of common sense.

It's so frustrating to watch pigheadedness get in the way of common sense.

But I'm saving my pity for those who do respect the laws, but get caught in all the rule changes to stop all the abuse, from those that don't.

It's a really, really bad article.

"The judge then went one stage further by then saying we should consider moving to a third country such as Canada, a country which neither of Ben or Brian has ever been to has links with."

Ben and/or Brian wrote it theirself/theirselves.

"The judge then went one stage further by then saying we should consider moving to a third country such as Canada, a country which neither of Ben or Brian has ever been to has links with."

Ben and/or Brian wrote it theirself/theirselves.

It has some quotes from them, but is written by another. The author starts with -

"Ben's husband Brian is a American citizen and facing deportation despite being married to Ben and living with Ben in the UK for the last four years. This is because a judge has refused to recognize their marriage, referring to it only as a ‘partnership’. "

Which we all know this isn't the reason why he has been refused, and his appeal to the court refused too.

The US is a safe country for those who are gay and no reason why he can't return home from his visit to the UK, and apply for a spouse/partner visa: lots do.

An overstay alone doesn't seem to stop a Family route visa,  as long as he hasn't done anything that would cause a refusal under RFL07 320(11) of the Immigration Rules.
https://www.gov.uk/government/publications/frustrating-the-intentions-of-the-immigration-rules-rfl07-paragraph-32011/frustrating-the-intentions-of-the-immigration-rules-rfl07-paragraph-32011

This article is silly. And it definitely doesn't do the couple any favors. It's written as though they're trying to pull on the heartstrings of people who are uneducated on how the visa process works. And those people are obviously going to get upset on the grounds that they feel some sort of discrimination happened. There's a very specifically laid out process in how to live in the UK permanently as a spouse or partner. And it definitely seems like these guys are trying to skirt the rules. When I see things like this my attitude is always that of "I did things the right way. So should you."

Wow, that's a bad article.

These types of things pop up occasionally, and they irk me.  There are people who genuinely need consideration outside the rules for exceptional compassionate circumstances.  Unfortunately, these people tend to face uphill battles due to people like this abusing the system. 

It always annoys me when these dramas are covered in the media. In nearly every case the couple wants to be granted stay in the UK outside the immigration rules, while the rest of us have to comply.  Of course, the public response is one of horror and disgust towards the government as they have no idea of how strict the immigration rules are for couples. Sirius, I agree this is why the policy changed to having to appeal from outside the country but there are cases, such as we see on the forums, where UKVI have made a mistake or mislaid a document and in such cases it is most unfair for the applicant to have to leave and appeal a decision wrongly made, from abroad.

. Sirius, I agree this is why the policy changed to having to appeal from outside the country but there are cases, such as we see on the forums, where UKVI have made a mistake or mislaid a document and in such cases it is most unfair for the applicant to have to leave and appeal a decision wrongly made, from abroad.

I agree. That's why I said...

But I'm saving my pity for those who do respect the laws, but get caught in all the rule changes to stop all the abuse, from those that don't.

We also saw  people put in an invalid visa application to buy themsleves months more of lawful stay in the UK, usually as part of their way to drag out their expired student 3 year visa, to "10 years of lawful stay for ILR". Now, an invalid application is not protected under 3C of the immigration rules,  meaning their stay is no longer lawful and they are overstayers - which is just great for the few who make an accidental mistake.

The abusers alway make it harder for the genuine people because the rules have to be changed to stop all the abuse - and not just with immigration rules.

I agree. That's why I said...
We also saw  people put in an invalid visa to buy themsleves months more of lawful stay in the UK, usually as part of their way to drag their expired student 3 year visa, out to "10 years of lawful stay for ILR". Now, an invalid vidsa is not protected under 3C of the immigration rules,  meaning their stay is no longert lawful - which is just great for the few who make an accidental mistake.

So true! I am tired of our being expected to be perfect in our submissions and yet the powers that be are not!


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