Discrimination by UKBA

Hi All,

My civil partner (same-sex) was denied visa this year to which I appealed. I have just spoken to a friend of mine who is also married to a Filipina. They submitted less evidence of relationship that us but the straight couple's relationship was not even questioned.

Apart from MP, who can I contact for support as I feel like the UKBA is discriminating.

If knew about this, I would have put it in the ground of appeal letter. Is it too late to add or mention this? My friend is willing to mention this by oath.

Can anyone please advice?

Thanks

anyone pls help?

It may be very difficult to prove discrimination, even if there was some, just because someone else's application was accepted is not really relevant, casework is subjective so it all boils down to what the caseworker reasonably believes on the balance of probabilities. You can always make a complaint to the manager of wherever made the original decision. But to state discrimination may perhaps be very premature.

D4109125 wrote:It may be very difficult to prove discrimination, even if there was some, just because someone else's application was accepted is not really relevant, casework is subjective so it all boils down to what the caseworker reasonably believes on the balance of probabilities. You can always make a complaint to the manager of wherever made the original decision. But to state discrimination may perhaps be very premature.

HI,

I have already sent an email stating that if we do not qualify for relationship purposes then it would be strange how a straight couple provides less evidence and still get a pass.

Will this affect my application?

JS28 wrote:

D4109125 wrote:It may be very difficult to prove discrimination, even if there was some, just because someone else's application was accepted is not really relevant, casework is subjective so it all boils down to what the caseworker reasonably believes on the balance of probabilities. You can always make a complaint to the manager of wherever made the original decision. But to state discrimination may perhaps be very premature.

HI,

I have already sent an email stating that if we do not qualify for relationship purposes then it would be strange how a straight couple provides less evidence and still get a pass.

Will this affect my application?

No but unjustified comments like that are not helpful, like I say you can't base your application on someone else's, straight or not. You should address the points of the rejection and only if you have evidence (not circumstantial) should you pursue claims of discrimination.

D4109125 wrote:

JS28 wrote:

D4109125 wrote:It may be very difficult to prove discrimination, even if there was some, just because someone else's application was accepted is not really relevant, casework is subjective so it all boils down to what the caseworker reasonably believes on the balance of probabilities. You can always make a complaint to the manager of wherever made the original decision. But to state discrimination may perhaps be very premature.

HI,

I have already sent an email stating that if we do not qualify for relationship purposes then it would be strange how a straight couple provides less evidence and still get a pass.

Will this affect my application?

No but unjustified comments like that are not helpful, like I say you can't base your application on someone else's, straight or not. You should address the points of the rejection and only if you have evidence (not circumstantial) should you pursue claims of discrimination.

Okay, I will ask my MP not to mention it. I was talking to this British friend of mine and his wife's appeal was overturned in a month and a half.

I am have been waiting for this non-settlement appeal.

JS28 wrote:

D4109125 wrote:

JS28 wrote:

D4109125 wrote:It may be very difficult to prove discrimination, even if there was some, just because someone else's application was accepted is not really relevant, casework is subjective so it all boils down to what the caseworker reasonably believes on the balance of probabilities. You can always make a complaint to the manager of wherever made the original decision. But to state discrimination may perhaps be very premature.

HI,

I have already sent an email stating that if we do not qualify for relationship purposes then it would be strange how a straight couple provides less evidence and still get a pass.

Will this affect my application?

No but unjustified comments like that are not helpful, like I say you can't base your application on someone else's, straight or not. You should address the points of the rejection and only if you have evidence (not circumstantial) should you pursue claims of discrimination.

Okay, I will ask my MP not to mention it. I was talking to this British friend of mine and his wife's appeal was overturned in a month and a half.

I am have been waiting for this non-settlement appeal.

Stay calm, gather the evidence to rebutt their decision and keep positive and you'll have success. Appeals can be long and drawn out, send any evidence to the team dealing with your case, they can always withdraw an appeal and reconsider your case. The more evidence the better.

D4109125 wrote:

JS28 wrote:

D4109125 wrote:

JS28 wrote:
HI,

I have already sent an email stating that if we do not qualify for relationship purposes then it would be strange how a straight couple provides less evidence and still get a pass.

Will this affect my application?

No but unjustified comments like that are not helpful, like I say you can't base your application on someone else's, straight or not. You should address the points of the rejection and only if you have evidence (not circumstantial) should you pursue claims of discrimination.

Okay, I will ask my MP not to mention it. I was talking to this British friend of mine and his wife's appeal was overturned in a month and a half.

I am have been waiting for this non-settlement appeal.

Stay calm, gather the evidence to rebutt their decision and keep positive and you'll have success. Appeals can be long and drawn out, send any evidence to the team dealing with your case, they can always withdraw an appeal and reconsider your case. The more evidence the better.

My British Friend is willing to testify under oath but I cannot think of other evidence apart from that.

My partner's visa was refused and this was the refusal:

The Entry Clearance Officer refused my civil partner’s visa on the 24th April 2013 stating that myself and June Enriquez have only spent 49 days after the civil partnership as well as not providing evidence that we have been living together in a relationship similar to civil partnership for a period of at least 2 years as required under Paragraph 319C of HC395.

About myself, I am in a same-sex relationship with my partner of 3 years and 7 months. We entered into a civil partnership on 9th of February 2013.

I have been lawfully living in the U.K. since 2006.

is the 2 years required for people in a civil partnership?

I have already appealed and the embassy has received the documents a month ago. The deadline that was given was 27th of August 2013

There need to be a Genuine and subsisting relationship (click)

D4109125 wrote:There need to be a Genuine and subsisting relationship (click)

Hi ,
http://www.immigrationboards.com/viewtopic.php?t=133433

The link above is where I started this question. When my partner applied for the visa we did not submit evidence of our relaionship prior to the civil partnership as we have already submitted this for her UK civil partnership visit visa and I included a covering letter to explain this.

I have now submitted everything from skype, facebook, yahoo, whatsapp, Raspberry, emails, pictures, passport entry stamps, western union receipt, bank account, covering letters from us and friends and families, tenancy agreement, payment to landlord etc.

I am just hoping that the above would be sufficient. If not, can I ask my friend to testify that he submitted 2 pages of yahoo, spent 2 weeks with his wife after wedding and 3 months all together and their marriage was not even questioned.

I cannot think of anything else to submit.

You should continue in your other thread where all this information has already been given.

D4109125 wrote:You should continue in your other thread where all this information has already been given.

Hi,

Vinny used to reply to me on that thread but I have posted couple of questions which have no been answered by anyone.

Anyone? pLease