Article 8 HRA for unmarried partner

Hello everyone,

Please could you offer advice on my current situation:

My girlfriend was born in Zimbabwe and holds a Zim passport, she moved to the UK at the age of 19 after completing her school studies in Zim to go to university here and lived with her mother who is a UK passport holder.

She left the UK almost two years ago in January 2014 when she was 25 after failing to obtain a visa and several appeals.

We started dating around September 2012 having met a few months before that, she is currently living in South Africa where I have visited twice.

Would it be possible to apply under the human rights act article 8 under family life as we cannot continue our relationship without being able to live in the same country. For example, I have looked into getting a visa to South Africa but this would not be possible without having a job offer there which I would not be able to get without the right to work there.

The application form states leave to remain but as she has already left the UK can we still apply?

Thanks in advance!

Under UK law, you are not unmarried partners, as you have not been living together in a relationship 'akin to marriage' for the last two consecutive years. Therefor you are not family and have no legal rights to argue.

In order to be together, you would need to marry. You could then sponsor her for a spouse visa, provided you pass the financial threshold for that.

Alternatively, marry and use the Surinder Singh route.

physicskate wrote:Under UK law, you are not unmarried partners, as you have not been living together in a relationship 'akin to marriage' for the last two consecutive years. Therefor you are not family and have no legal rights to argue.

In order to be together, you would need to marry. You could then sponsor her for a spouse visa, provided you pass the financial threshold for that.

Alternatively, marry and use the Surinder Singh route.

+1

Total non-starter, there is no Human Rights breach here.

Wanderer wrote:

physicskate wrote:Under UK law, you are not unmarried partners, as you have not been living together in a relationship 'akin to marriage' for the last two consecutive years. Therefor you are not family and have no legal rights to argue.

In order to be together, you would need to marry. You could then sponsor her for a spouse visa, provided you pass the financial threshold for that.

Alternatively, marry and use the Surinder Singh route.

+1

Total non-starter, there is no Human Rights breach here.

How do you work that out. Do you know the OP circumstances.

It is strange that on the basis of this post alone, you are able to deduce that there is no breach .

Even the sharpest human right lawyer may have difficulty undertaking that assessment

What visa do you advise them to apply for then Obie? Taking into consideration, previous failed applications under Human Rights, they only appear to have been in a 'boyfriend/girlfriend relationship, don't appear to have lived together and she has been living outside of the UK for almost two years.

Obie wrote:How do you work that out. Do you know the OP circumstances.

It is strange that on the basis of this post alone, you are able to deduce that there is no breach .

None of us on this site are prescient. The only part of the OP's (and anybody else's) circumstances that we would know are what they post on these forums, either of their own volition or in response to queries by the rest of us. So, our advice would always necessarily be circumscribed by such publicly expressed circumstances.

On the basis of the OP's stated circumstance and circumscribed by it, I would concur with physickate's advice. Were the OP to add further information, such as if his partner had a British born grandparent, the advice could change.

I can see why it would be assumed that all avenues had already been explored, (apart from a UPV) due to the statement:
"She left the UK almost two years ago in January 2014 when she was 25 after failing to obtain a visa and several appeals."

My MIL is here on a visit visa and has now can't wait for the next Coronation St episode. They don't have it Russia so I think a human rights application is order....

Opinions?

Obie wrote:

Wanderer wrote:

physicskate wrote:Under UK law, you are not unmarried partners, as you have not been living together in a relationship 'akin to marriage' for the last two consecutive years. Therefor you are not family and have no legal rights to argue.

In order to be together, you would need to marry. You could then sponsor her for a spouse visa, provided you pass the financial threshold for that.

Alternatively, marry and use the Surinder Singh route.

+1

Total non-starter, there is no Human Rights breach here.

How do you work that out. Do you know the OP circumstances.

It is strange that on the basis of this post alone, you are able to deduce that there is no breach .

Even the sharpest human right lawyer may have difficulty undertaking that assessment

We can only base it on the OP's post, the whole thing might be a fabrication anyway. We just don't know. So based on that I said what I said, I have a law degree so I know these things

Casa wrote:What visa do you advise them to apply for then Obie? Taking into consideration, previous failed applications under Human Rights, they only appear to have been in a 'boyfriend/girlfriend relationship, don't appear to have lived together and she has been living outside of the UK for almost two years.

I accept case, that it is a tough case, and one that clearly does not meet the relationshipbrequirement in Appendix FM. That bit i did not dispute, as it will be silly of me to do so.

i was mere expressing a concern about a statement made, that within Article 8, there is no breach of the guys right.

Family life may exist in circumstances where a person does not comply with the terms of the rules, the question will be whether in the context of the rules, the national measure is proportionate to the legitimate aim pursued.

If Wanderer had said, you do not meet the terms of the rules, i would have been content.

However there may be circumstances where, notwithstanding the fact that the person does not meet the requirement of the rules, even the mandatory requirements like the one in questions, it may well be a breach of Article 8 , for Entry clearance to be refused.

Thanks for the replies everyone, even the less helpful ones

She originally applied for a family visa due to her mum living here and being UK passport holder, this was rejected due to her coming to the UK at over the age of 18. She has not applied under human rights act before.

This only came up due to a friend of hers being successful applying under article 8 although they were living together for over 2 years. I approached some solicitors but all they seemed interested in is making me come in for a consultation at £200 etc while I had a feeling we wouldn't be eligible.

Seems like marriage is the only way.....

Go on...bite the bullet