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Partnership visa denied, help please

Archived UK Tier 1 (General) points system forum. This route no longer exists.

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Bnjs89
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Joined: Tue Jan 20, 2015 1:00 am

Partnership visa denied, help please

Post by Bnjs89 » Tue Jan 20, 2015 1:10 am

Hi,
My partners uk visa has been denied, she applied when we had been living together for 1 year and 10 months. We heard today her visa has been denied and she has less than a week left on her working holiday visa.

we are both working in and currently living together 1 year and 11 months. We will have been living together 2 years next week.
Her visa was denied as we had not been coha biting 2 years at the time of application. We live in Northern Ireland. I was wondering what our options are. We were told we can't appeal the decision, but is it possible to relocate to the republic of Ireland and apply for a visa from there or apply for a similar visa in the republic?

*We have been in a relationship for 3 years and 6 months

Wanderer
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Posts: 10511
Joined: Thu Apr 21, 2005 12:46 pm
Ireland

Re: Partnership visa denied, help please

Post by Wanderer » Tue Jan 20, 2015 11:32 am

UPV 24 months has always been set in stone, not much you can do about that.

With no valid leave imminent it might be hard for her to relocate to Republic (assuming Surinder Singh) but in your situation it might be you only option, remember that route means a 'centre of life' change, not just hopping over for a bit to get round the UK rules.

Can you not take a holiday somewhere with her or in her country and then apply from her own country on VAF4? Providing you have all the proofs it shouldn't matter what country you are in.

Or, could she re-enter on a visit visa?
An chéad stad eile Stáisiún Uí Chonghaile....

Bnjs89
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Posts: 3
Joined: Tue Jan 20, 2015 1:00 am

Re: Partnership visa denied, help please

Post by Bnjs89 » Tue Jan 20, 2015 11:58 am

Our plan as it stands is to go to live with family in the republic, using a visitor visa for her, that should give us three months to sort a new visa for either country. We want to avoid overstaying as it only creates problems. As far as going to New Zealand is concerned its difficult financially and logistically. Not to mention I would need a visa as I have already lived there for two years under the working holiday scheme.

I was hoping leaving the uk and continuing to live together would allow us to re apply for the partnership visa as we would have met the two year minimum.
The other option is apply for the unmarried visa in the republic. It's cheaper and possibly faster but I'm not sure if we can apply while in the country.

quantum1
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Joined: Mon Oct 17, 2011 4:31 pm

Re: Partnership visa denied, help please

Post by quantum1 » Tue Jan 20, 2015 2:14 pm

Can't you just apply again now that the 2 years will be satisfied next week?
The author of this post is not an immigration expert. Any statements made are commentary personal opinions and should not be construed as advice.

wf
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Posts: 327
Joined: Tue Mar 04, 2008 4:30 am

Re: Partnership visa denied, help please

Post by wf » Tue Jan 20, 2015 5:26 pm

Can't you just apply again now that the 2 years will be satisfied next week?
Best option. Should have surpassed 2 years if not before, then by the time it is processed.
Our plan as it stands is to go to live with family in the republic, using a visitor visa for her
In the UK it is not possible to switch from visitor visa to anything else, is it similar in the ROI?
The other option is apply for the unmarried visa in the republic.
OK if you want to live there, not any good if you want to reside in NI or England.
Or, could she re-enter on a visit visa?
As above, can't switch to anything from it so would still have to leave and apply out of country.

Bnjs89
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Posts: 3
Joined: Tue Jan 20, 2015 1:00 am

Re: Partnership visa denied, help please

Post by Bnjs89 » Tue Jan 20, 2015 5:49 pm

i agree that re applying is probably the best option, but i thought crossing the border would allow us to stay on the island without overstaying. i have contacted solicitor to help us. thanks again for the replies

wf
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Posts: 327
Joined: Tue Mar 04, 2008 4:30 am

Re: Partnership visa denied, help please

Post by wf » Wed Jan 21, 2015 10:50 am

If you apply prior to expiration of her visa, her current leave continues until the new application is decided thus she is not an overstayer.

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