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PLEASE HELP! URGENT ADVICE NEEDED

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

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bobbiandmitch
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PLEASE HELP! URGENT ADVICE NEEDED

Post by bobbiandmitch » Fri Jun 04, 2010 3:06 pm

So basically, we've left everything too long and I'm very worried our unmarried spousal application will be rejected.
Our appointment is for this Monday the 7th of June, we have a premium appointment and here is our story...I would appreciate any immediete advice.

Boyfriend and I have been together for 1 month shy of 2 years. We met and dated in Canada 3 years ago, he is British citizen and uk passport holder.
2 years ago I came to the UK and lived with him and his family for 2 months on a holiday maker visa, at the end of my stay I returned home to Canada to finish my university. We were apart 3 months and then he came to stay with me for 1 month in Canada, he returned to UK while I finished my studies. We were apart for 4 months at which time I moved to the UK.

My holiday maker visa is expiring on the 19th of June
We have "proof" of living together for only 13months
We have statements from our families from when we stayed together with no official documents

Any advice?! Please help, I love my boyfriend and I don't want to have to move back to Canada without him. He can't leave his job. We are desperate!

Please email me with any immediete advice or help it would be greatly appreciated.

bobbipaidel@gmail.com

mrlookforward
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Post by mrlookforward » Fri Jun 04, 2010 5:31 pm

We have "proof" of living together for only 13months
You need proof of 2 years.

We have statements from our families from when we stayed together with no official documents
These are of no use.

Seems like it will be difficult to secure a positive outcome. There is nothing else you can provide, because you havent got it. So just go for it and hope for the best.

Miracles do happen sometimes.
Wish you good luck.

ElenaW
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Post by ElenaW » Fri Jun 04, 2010 5:44 pm

Get married and apply for a spousal visa or a visa that you individually qualify for to prolong your stay in the uk until you do have 2 years of cohabitation proof.
I tell it like it is.

mrlookforward
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Post by mrlookforward » Fri Jun 04, 2010 5:53 pm

Actually, I was gonna say she hasnt got a chance, but if you say that, some "experts" jump to frown upon you to say you are not legally qualified to make such comments.

djb123
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Post by djb123 » Fri Jun 04, 2010 5:54 pm

you need more than proof of living together, you need proof that you are in a relationship like a marriage which means joint financial commitments, etc.

i think the rules that it has to be over 2 years are set in stone so prepare yourself to be refused.

my advice to you would be to have a think about what you will do if you refused. if you are over 21 is marriage an option?

HRY2005
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Post by HRY2005 » Fri Jun 04, 2010 8:24 pm

I beg to be different here. we all read about someone's experience last week, she got unmarried partners visa even though they were not together for up to 2 years (that's a rare case though but it proves that we should be positive)

Having said that, I think I would go with ElenaW's advice. Give your application a try and is marriage is an option? Yes! Go for it and and apply for spouse visa in or out of country.

Best of luck

bobbiandmitch
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Post by bobbiandmitch » Fri Jun 04, 2010 8:58 pm

Thanks so much for all the advice...
I think we will give it a try and while it is SO much money (seems like every time I look they raise the pricee!) It is a risk to take at this point. Other wise we will have to consider other options.
I'm just hoping for the best now and that I have some good Karma coming my way!

mrlookforward
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Post by mrlookforward » Fri Jun 04, 2010 9:05 pm

HRY, I think it could be possible if someone has proof of living together for most of 24 months. eg someone claims to be living together from may 2008 to may 2010, and they only have hard proof of last 20 months, and then maybe someones letter confirming that they lived together for the previous 4 months too. But having proof of only 13 months doesnt seem enough. I think that with official proofs of only 13 months, a caseworker might not be able to tick the box, even if he thinks that the couple is genuine. Casewokers can sometimes overlook little things, but this would just amount to closing the eyes, prospects dont seem good.

bobbiandmitch
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Post by bobbiandmitch » Fri Jun 04, 2010 9:14 pm

Because of urgency of the situation (being that my working holiday visa expires june 19th)...
Do you think we should apply for the fiance visa to extend the time we have to sort things out?
And do you know how long after the holiday visa expires do I have to leave the country?


I understand why UK border agency is so tough and they are just doing their job but it is frusturated coming from a country under British Common Wealth, I am educated and english speaking and I'm just trying to be with the person I love.

ElenaW
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Post by ElenaW » Fri Jun 04, 2010 9:21 pm

mrlookforward wrote:HRY, I think it could be possible if someone has proof of living together for most of 24 months. eg someone claims to be living together from may 2008 to may 2010, and they only have hard proof of last 20 months, and then maybe someones letter confirming that they lived together for the previous 4 months too. But having proof of only 13 months doesnt seem enough. I think that with official proofs of only 13 months, a caseworker might not be able to tick the box, even if he thinks that the couple is genuine. Casewokers can sometimes overlook little things, but this would just amount to closing the eyes, prospects dont seem good.
I agree, 13 months is far off from 24 months. I wouldn't risk it if I were the OP. If you want to be together so badly, why not get married? The eco wants to see a practically married couple in the upv proof documents anyways. Is there a difference other than the marriage certificate and wedding rings?
I tell it like it is.

mrlookforward
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Post by mrlookforward » Fri Jun 04, 2010 9:31 pm

Your spouse visa will be refused as soon as it gets in hands of a caseworker.
You should leave UK on or before the day your visa expires.
There are 54 commonwealth countries, with a total population of over 2 billion.
I am sure you are a genuine person, but may I just say "get real".
Immigration system is not flexible enough to accommodate everyone's individual requirements.

bobbiandmitch
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Post by bobbiandmitch » Fri Jun 04, 2010 9:32 pm

No not completely, and of course this is something we are willing to do to be together.

Would we then have to apply for the fiance visa? Would we have to marry before my other visa expired? How long until I would be eligible to work?
Its so nice to speak with someone who has a clue of whats going on.

mrlookforward
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Post by mrlookforward » Fri Jun 04, 2010 9:37 pm

First thing first, you cant just go in register office and get married. You need to have a "Certificate of approval" from Home office before you can get married. If you apply for it now, you wont get it before 3-4 months. By that time you would have become an overstayer. If you become an overstayer, then you cant make a spouse visa application from within UK, you will have to return home.

HRY2005
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Post by HRY2005 » Fri Jun 04, 2010 10:24 pm

I honestly agreed with you, I said it earlier in my post. I 'm only banking on the experience of the OP who got unmarried partner even though they were not together for up to 24 months last week.

I totally agreed with mrlookforward and ElenaW. Personally I remember why I didn't apply for DL as an unmarried partner of a BC was because my solicitor didn't want to risk it bcos we've not been living together for up to 24 months, even though we've been together for more than 24 months at the time.

I think its too late now for the OP as her visa expires on June the 19th, thats about 2 weeks. COA would take a minimum of at least 6 weeks. It's best to return before the end of the visa and apply fiance/marriage visa to get married bcos I think WHM visa cannot be varied in the UK. Other than that, she can still get COA to get married but she would be without any leave, which would be detrimental to her making and in-country application, unless outside the rule (wait for eternity)
Last edited by HRY2005 on Fri Jun 04, 2010 10:29 pm, edited 1 time in total.

mrlookforward
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Post by mrlookforward » Fri Jun 04, 2010 10:29 pm

You are right, except for that whm visa can be varied. She wont have any basis for applying outside the rules.

HRY2005
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Post by HRY2005 » Fri Jun 04, 2010 10:34 pm

mrlookforward wrote:You are right, except for that whm visa can be varied. She wont have any basis for applying outside the rules.
Yeah mrlookforward. I wasnt sure about varying WHM because I remember that one of the rules is that you must leave the the UK at the end of the 24 months because you can't renew them in-country.

I am not very sure though.

djb123
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Post by djb123 » Fri Jun 04, 2010 10:36 pm

HRY2005 wrote:I honestly agreed with you, I said it earlier in my post. I 'm only banking on the experience of the OP who got unmarried partner even though they were not together for up to 24 months last week.
Just reading the case of the person you refer to and it seems when they did apply for UPV they were only just short of the 2 years (maybe a month or so) and they had children (twins). So to compare this case to that one and possibly increase hopes of a successful outcome is totally wrong
Last edited by djb123 on Fri Jun 04, 2010 10:46 pm, edited 1 time in total.

HRY2005
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Post by HRY2005 » Fri Jun 04, 2010 10:45 pm

djb123 wrote:
HRY2005 wrote:I honestly agreed with you, I said it earlier in my post. I 'm only banking on the experience of the OP who got unmarried partner even though they were not together for up to 24 months last week.
Just reading the case of the person you refer to and it seems when they did apply for UPV they were only just short of the 2 years (maybe a month or so) and they had children (twins). So to compare this case to that one and possibly increase hopes of a sucessfully outcome is totally wrong
I totally agreed with you, that was similar case with different elements. Even in my own case, we have a child and didn't risk it.

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Post by vinny » Fri Jun 04, 2010 10:59 pm

If you don't have sufficient proof of 2 years cohabitation as specified in FLR(M), then it's probably best to depart from the UK before WHM leave expires. Then,

either apply for a fiancé(e) visa, subsequently marry in the UK and switch.

Or marry in Canada and apply for a spouse visa.
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.
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bobbiandmitch
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More info

Post by bobbiandmitch » Fri Jun 04, 2010 11:17 pm

Ok, this is Mitch here, the UK boyfriend. I wanted to clear a few things up and also ask a couple of things...

Firstly, we have flight tickets from july 10th 2008 when Bobbi came to the UK, we have other flight documentation to show me going there for a month and Bobbi returning to the UK. The reason Bobbi went back to Canada was to finish her degree. I realise it's still a long shot but do you think these flight tickets would support our 2 year relationship (23 months acutally). Also, we have a lot of correspondence from the times we were apart.

Ok now, we have a dilemma on our hands should Monday's interview backfire (which seems likely). We have a family holiday booked for the 15th June -22nd in which time Bobbi's visa runs out (19th).

So I guess I'm asking... Would it cripple our chances of any visa if Bobbi overstays her visa, even if she's not working?

I would rather get married this week??? Or would that not make any difference?

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