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Partner Visa granted instead of Parent Visa

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé/e | Ancestry

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motaco88
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Posts: 29
Joined: Thu Jan 12, 2017 1:56 pm

Re: Partner Visa granted instead of Parent Visa

Post by motaco88 » Tue Dec 15, 2020 10:39 am

vinny wrote:
Tue Dec 15, 2020 9:23 am
If you have not been living together, then how did they conclude

E-LTRP.1.10.
The applicant and their partner must intend to live together permanently in the UK and, in any application for further leave to remain as a partner (except where the applicant is in the UK as a fiancé(e) or proposed civil partner) and in any application for indefinite leave to remain as a partner, the applicant must provide evidence that, since entry clearance as a partner was granted under paragraph D-ECP1.1. or since the last grant of limited leave to remain as a partner, the applicant and their partner have lived together in the UK or there is good reason, consistent with a continuing intention to live together permanently in the UK, for any period in which they have not done so.
is satisfied?
No it isn't I have been on a parent visa prior.

vinny
Moderator
Posts: 32757
Joined: Tue Sep 25, 2007 7:58 pm

Re: Partner Visa granted instead of Parent Visa

Post by vinny » Tue Dec 15, 2020 10:58 am

If neither you nor your girlfriend, either implicitly or explicitly, gave them any evidence that it was the intentions of both of you to live together permanently in the UK, then challenge them that E-LTRP.1.10. was satisfiable. If E-LTRP.1.10. was not satisfied, then they cannot conclude that you satisfied the relationship requirements for the purposes of being her partner under Appendix FM. Then they should grant you leave to remain as a parent.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

motaco88
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Posts: 29
Joined: Thu Jan 12, 2017 1:56 pm

Re: Partner Visa granted instead of Parent Visa

Post by motaco88 » Tue Dec 15, 2020 11:27 am

Stumbled on this in a section that talks about exceptional circumstances which further makes the burden of proof on my part even harder:

Second, if an applicant does not otherwise meet the relevant requirements of those
Immigration Rules, you must move on to consider, for a family, under paragraph
GEN.3.1. to GEN.3.3. of Appendix FM or outside the rules in the case of an
application for leave to remain made solely on the basis of private life in the UK,
whether, in the light of all the information and evidence provided by the applicant,
there are exceptional circumstances which could or would render refusal a breach of
ECHR Article 8 because it would result in unjustifiably harsh consequences for the
applicant, their partner, a relevant child or another family member whose Article 8
rights it is evident from the information provided by the applicant would be affected.

I am considering just accepting it as I can't find a proper argument against it. if a few '000s ever 2.5 years is the price to pay to stay with my daughter then so be it. worst case, I apply again if the relationship breaks down.

vinny
Moderator
Posts: 32757
Joined: Tue Sep 25, 2007 7:58 pm

Re: Partner Visa granted instead of Parent Visa

Post by vinny » Tue Dec 15, 2020 11:38 am

If you satisfied the requirements of a parent and not the relationship requirements of a partner, then they should grant leave under the parent route.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

motaco88
Newly Registered
Posts: 29
Joined: Thu Jan 12, 2017 1:56 pm

Re: Partner Visa granted instead of Parent Visa

Post by motaco88 » Tue Dec 15, 2020 1:25 pm

How it has been explained to me is as follows:

Partner takes higher prevalence over Parent.
If Partner is not satisfied then child can be used as an exceptional circumstance to support a partner instead of being reviewed in its own right.
Because I mentioned a girlfriend in the section of 'what hardship i might face if I am to leave the country' (or something like this) i mentioned that it would be hard to move forward with the person i am seeing. This was is enough to constitute a relationship and there for see my appication viewed as a partner of a UK citizen and not a Parent of one.

motaco88
Newly Registered
Posts: 29
Joined: Thu Jan 12, 2017 1:56 pm

Re: Partner Visa granted instead of Parent Visa

Post by motaco88 » Tue Dec 15, 2020 1:26 pm

can this be bookmarked for future reference so others don't fall in the same loophole? The search engine on this site isn't the best at times.

vinny
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Posts: 32757
Joined: Tue Sep 25, 2007 7:58 pm

Re: Partner Visa granted instead of Parent Visa

Post by vinny » Tue Dec 15, 2020 1:47 pm

I’ve made this topic a ‘sticky’ for future reference.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

tobtob
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Posts: 17
Joined: Wed Sep 12, 2018 8:09 am
Nigeria

Re: Partner Visa granted instead of Parent Visa

Post by tobtob » Fri Dec 25, 2020 9:11 am

Hello Mate , Firstly congrats on your successful renewal, and i am sorry to read you have been hard done by your honesty.I myself i am on a 10 years parent route and i am due to put in my renewal in March.Are you able to break down the List of documentation you had to provide for your extension? Did you have to get any sort of letter from the mother of your child ?

Many Regards.

motaco88 wrote:
Tue Dec 08, 2020 4:20 pm
Hello All,

Trust you are all doing well during these trying times.

I applied to extend my leave to remain as a parent in June 2020 and last week received a decision granting me my visa. Though I am glad that my visa application was successful and that I can continue being a dad to my daughter, the visa I was granted is a 10 year partner visa.

vinny
Moderator
Posts: 32757
Joined: Tue Sep 25, 2007 7:58 pm

Re: Partner Visa granted instead of Parent Visa

Post by vinny » Fri Mar 19, 2021 10:12 am

This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

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