Petition is successful with 325 signatures
To: The Home Office
Let my fiance come home immediately
We won, the visa has now been granted
1 week before Christmas Home Office decided to refuse my fiances visa due to their own admin error, negligence and ignorance. They have now kept us separated for 10 months.
Please let him come home as a matter of urgency, where he belongs!!!
Why is this important?
The judge has now determined that the Home Office breached our human rights and that we satisfied all of the application requirements all along and that we need to be together, but we still face a long wait for him to come home.
On 13th December 2017 we were devastated to find that the visa was refused on the basis that I as the sponsor didn't meet the financial requirement and that bills were not submitted to prove we lived together therefore our relationship wasn’t considered genuine. When in fact, all relevant documents were submitted to prove my income of £19,500 and bills were also submitted in both our names.
Our solicitor asked the Home Office to reconsider their decision the day after the refusal but this has never been acknowledged. Solicitor lodged our appeal on 18th December. My local MP had also contacted the HO who had refused to review the decision outside of appeal procedures.
My local MP had also made comments such as "if he leaves you after 18 months of obtaining the visa I cannot help you" she had already judged the situation without even knowing us.
On the 17th December 2017 things took a turn for the worst as I was sectioned under 136 of the mental health act by police and taken to hospital after trying to jump from a bridge above a busy motorway in order to kill myself because of the stress & anxiety that the home office had caused by separating us against our own will. We will never be able to describe the emotional abuse we have suffered at the hands of the Home Office, there just isn't any words for it.
This led to me losing my job on 10th January 2018 due to issues with my mental health and personal life affecting my work. Luckily I was able to find new employment almost immediately, but it left me in a position where I wasn't able to visit my fiance due to fear of losing my job again.
After a frustrating few months of trying to get our lives back on track, both myself and fiancé made a complaint to the home office due to their incompetence, they refused to speak to me as I am not the applicant and refused him because he was out of country. We threatened the home office with the Parliamentary and Health Service Ombudsman as we couldn’t make a formal complaint to which they finally agreed to review the decision 27th February after saying that they could never review a decision outside of appeal procedures. They only received the appeal from the tribunal on 16th March. We was very hopeful that finally someone would realise there was a mistake made.
In the meantime we had submitted 3 expedite request to the First Tier Tribunal on the basis of my mental health deterioration which were refused for the judges not taking my mental health seriously.
After chasing the review agreed by the Home Office for 9 weeks, on the 3rd May 2018 review completed by the HO but they had maintained the refusal on the financial requirement but now stated they believed our relationship. How could they still get it wrong when the evidence was clear in their face?!
After a complaining to the resident judge about how previous judges had treated my mental health, this lead to our case finally being expedited and on 6th June 2018, our hearing took place, to which the Home Office never showed up or submitted a bundle. The Judge allowed our appeal on the day as he found I did meet the requirements all along and that it was a breach of our human rights to keep us apart.
on 23rd July 2018 received the court determination letter after chasing the court every week! The Home Office now have 28 days to appeal the allowed decision which we are confident they wont due to no error of law being made.
Our human rights have been breached enough, why should we have to wait a further for him to come home, I need him home as he is the only family I have. We just want to move on with our lives.