Unmarried Partner Refusal

sharkeyb · Post by **sharkeyb** » Sat Dec 22, 2018 12:22 pm

Hi

We've been refused a further leave to remain unmarried partner visa, and we're looking to appeal and after some help/guidance/support.

My fiancee is from south korea, basic info (no children involved)
we met in canada 2012
came to uk on a Working holiday visa in 2013 for two years (we lived together)
she returned to Korean and we applied successfully for an unmarried partner visa
she returned to the uk to start the visa in 2016. In june of this year, her father (lives in korea) fell off his bike and suffered a severe brain injury, she went home almost immediately, his future was unclear, however my partner stayed as the healthcare system in Korea is a bit different to the uk. In Korea you either need to have a family member to care for her father or pay for a carer, my partner thought that she could provide better care, so decided to stay for a few months and care for him(he is slowly showing signs of recovery)

she was out of the uk between 19th june 2018 and 14th December 2018, her visa expiry is 28th dec 2018

we have been refused on grounds
GEN.1.2 (not been living together for last 6 months)
&
ex2 (no evidence to suggest i cant go and live in korea)
GEN.3.2 (no exceptional ciurcumstances)

we would obviously provide evidence that we would struggle in Korea, she is from seoul and it would be almost impossible to find housing, a job for myself, and given my language level, get about day to day.

we provided a referral letter from a hospital detailing her fathers injury's and we provided a supporting letter from myself detailing the hardships of the last 6 months being apart and the near 24 hour care that she has been providing to her father.

Given we have been together since 2012 (and can evidence that) we have had a previous unmarried partner visa (which we evidenced) we're obviously so upset that this has not been taken into account.

we're looking at appealing, is there any extra evidence that people can suggest, or hints or tips about what to do when appealing.

any help would be truly appreciated

physicskate · Post by **physicskate** » Sat Dec 22, 2018 8:28 pm

sharkeyb wrote: ↑
Sat Dec 22, 2018 12:22 pm
Hi

We've been refused a further leave to remain unmarried partner visa, and we're looking to appeal and after some help/guidance/support.

My fiancee is from south korea, basic info (no children involved)
we met in canada 2012
came to uk on a Working holiday visa in 2013 for two years (we lived together)
she returned to Korean and we applied successfully for an unmarried partner visa
she returned to the uk to start the visa in 2016. In june of this year, her father (lives in korea) fell off his bike and suffered a severe brain injury, she went home almost immediately, his future was unclear, however my partner stayed as the healthcare system in Korea is a bit different to the uk. In Korea you either need to have a family member to care for her father or pay for a carer, my partner thought that she could provide better care, so decided to stay for a few months and care for him(he is slowly showing signs of recovery)

she was out of the uk between 19th june 2018 and 14th December 2018, her visa expiry is 28th dec 2018

we have been refused on grounds
GEN.1.2 (not been living together for last 6 months)
&
ex2 (no evidence to suggest i cant go and live in korea)
GEN.3.2 (no exceptional ciurcumstances)

we would obviously provide evidence that we would struggle in Korea, she is from seoul and it would be almost impossible to find housing, a job for myself, and given my language level, get about day to day.

we provided a referral letter from a hospital detailing her fathers injury's and we provided a supporting letter from myself detailing the hardships of the last 6 months being apart and the near 24 hour care that she has been providing to her father.

Given we have been together since 2012 (and can evidence that) we have had a previous unmarried partner visa (which we evidenced) we're obviously so upset that this has not been taken into account.

we're looking at appealing, is there any extra evidence that people can suggest, or hints or tips about what to do when appealing.

any help would be truly appreciated

I suppose the only advise I have is to get married. I am sorry you find yourselves in this unfortunate situation, but the refusal is technically correct and they have chosen not to consider an exemption for you.

sharkeyb · Post by **sharkeyb** » Sun Dec 23, 2018 2:14 pm

we would look to make an appeal

we believe that our circumstances are exceptional, she was out of the country for less than 180 days, maybe we need to go in heavy on that for our appeal.

just on a personal note, its crazy that the home office are infact making her choose between her two lives, i can't help but believe this is an exceptional circumstance

sharkeyb · Post by **sharkeyb** » Sun Dec 23, 2018 2:20 pm

also

what difference would getting married mean?

physicskate · Post by **physicskate** » Sun Dec 23, 2018 2:30 pm

sharkeyb wrote: ↑
Sun Dec 23, 2018 2:20 pm
also

what difference would getting married mean?

It would mean applying for a spouse visa from abroad. BUT you wouldn't need to meet the 'having lived together' requirement (although you would need to meet that requirement in 2 and a half years at renewal).

If you exhaust all appeals (and I agree these are exceptional circumstances, but that doesn't mean they have to approve you) and your partner has no other way of staying in the UK to be with you, this would be your best bet.

Obie · Post by **Obie** » Sun Dec 23, 2018 10:53 pm

It may be the case that the decision maker got it wrong.

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

It seems clear to me, that even if they were correct, and E-LTRP 1.10 does confer discretion to look at factors which may indicate that there is an intention to continue living together, notwithstanding the fact that there was period of absence from the UK, or separation from partner.

I also agree that you should consider the possibility of remarrying, whiles the appeal is pending, and hopefully you will have that extra protection just in case things do not go well.

sharkeyb · Post by **sharkeyb** » Thu Dec 27, 2018 6:46 pm

Thanks for your replies

Obie do you have a link to that quote? is it from the immigration rules?

we're due to appeal tomorrow or the day after, do you know if my partner leaves to return to Korea to care for her father further this will affect her appeal?

she's able to work at the moment, is this still the case through the appeal process?

thanks again

Casa · Post by **Casa** » Thu Dec 27, 2018 7:29 pm

file:///C:/Users/User/Downloads/Imm.%20Rules%20Appendix%20FM%20(2).pdf

Page 12.

sharkeyb · Post by **sharkeyb** » Sat Dec 29, 2018 12:38 pm

thanks casa - i've been through it and highlited the parts that i think we can show they got it wrong.

just from my question earlier, does anybody know if she leaves the country during her appeal if it will be cancelled?

CR001 · Post by **CR001** » Sat Dec 29, 2018 1:32 pm

sharkeyb wrote: ↑
Sat Dec 29, 2018 12:38 pm
thanks casa - i've been through it and highlited the parts that i think we can show they got it wrong.

just from my question earlier, does anybody know if she leaves the country during her appeal if it will be cancelled?

She should not leave the UK while she has an appeal pending as this is what keeps her legal status under Section 3C, which ceases if she leaves the UK.

physicskate · Post by **physicskate** » Sun Dec 30, 2018 12:32 pm

sharkeyb wrote: ↑
Sat Dec 29, 2018 12:38 pm
thanks casa - i've been through it and highlited the parts that i think we can show they got it wrong.

just from my question earlier, does anybody know if she leaves the country during her appeal if it will be cancelled?

I don't think they 'got it wrong' but rather chose not to exercise discretion, thus making the decision harsh. It could go either way with an appeal.

Under no circumstances should your partner leave the UK while her appeal is pending, as she will have no way to return to the UK unless she becomes a student or finds an employer to sponsor her (or unless you marry, hence my earlier suggestion).

sharkeyb · Post by **sharkeyb** » Mon Dec 31, 2018 5:45 pm

just one further question guys

Please explain why the decision to refuse your human rights claim is unlawful under section 6 of the Human Rights Act 1998. You should specify which article of the Human Rights Act you are appealing under.

which article am i appealing under?

sharkeyb1 · Post by **sharkeyb1** » Mon Jun 10, 2019 9:25 am

Hi guys

just wanted to post an update and ask a few further questions

we lodged our appeal a few days before the new year, we decided to have our papers looked at, rather than attend in court ourselves. Our appeal took place over the last couple of weeks and we received our decision last Friday that the appeal was allowed.

for the information of others who may be in this situation, we highlighted our exceptional circumstances (which the judge agreed with) and provided so further evidence such as documents showing that flights had been changed, along with a letter detailing why we though the decision was wrong and gave evidence to why we though this was wrong.

so I am of the understanding that the home office have 14 days to appeal the decision,

assuming that they don't appeal, can anybody give me any information on the process that follows?
how long is it likely before we have the visa sorted? her BRP card ran out in December, how long will a new one take to come through? any information on this process will be appreciated.

sharkeyb1 · Post by **sharkeyb1** » Thu Jul 04, 2019 7:33 am

Just wanted to give an update as it might be of information to others

our appeal was held on the 6th june - the home office have 14 days in which to submit an appeal which they did not.

Yesterday we received the BRP card through the post. Thankfully its all over.

(I did talk to the home office and they stated that they have 90 days to get all of the relevant documents out once an appeal has been concluded, thankfully we didn't have to wait too long.)

Everythingworksout · Post by **Everythingworksout** » Fri Jul 05, 2019 7:02 am

Hi,

Congrats on getting your cards,

How long did you have to wait before you got a decision from the court and how long did you have to wait after the court decision to get your cards.

Thank you in advance for your reply

sharkeyb1 · Post by **sharkeyb1** » Fri Jul 05, 2019 7:25 am

Everythingworksout wrote: ↑
Fri Jul 05, 2019 7:02 am
Hi,

Congrats on getting your cards,

How long did you have to wait before you got a decision from the court and how long did you have to wait after the court decision to get your cards.

Thank you in advance for your reply

we sent in the appeal around new year. I think it was just before, say 31st December. we decided not to stand up in court, we decided to have our papers read by a Judge. This was read by the judge on the 6th June 2019, notice of appeal result landed a few days later. The BRP card arrived Wednesday 3rd July

Everythingworksout · Post by **Everythingworksout** » Sat Jul 06, 2019 7:04 pm

sharkeyb1 wrote: ↑
Fri Jul 05, 2019 7:25 am

Everythingworksout wrote: ↑
Fri Jul 05, 2019 7:02 am
Hi,

Congrats on getting your cards,

How long did you have to wait before you got a decision from the court and how long did you have to wait after the court decision to get your cards.

Thank you in advance for your reply
we sent in the appeal around new year. I think it was just before, say 31st December. we decided not to stand up in court, we decided to have our papers read by a Judge. This was read by the judge on the 6th June 2019, notice of appeal result landed a few days later. The BRP card arrived Wednesday 3rd July

Okay Lovely, Thanks for your reply, I had my appeal just exactly a week ago. just waiting to hear back from them now.

sharkeyb1 · Post by **sharkeyb1** » Mon Jul 08, 2019 7:45 am

Everythingworksout wrote: ↑
Sat Jul 06, 2019 7:04 pm

sharkeyb1 wrote: ↑
Fri Jul 05, 2019 7:25 am

Everythingworksout wrote: ↑
Fri Jul 05, 2019 7:02 am
Hi,

Congrats on getting your cards,

How long did you have to wait before you got a decision from the court and how long did you have to wait after the court decision to get your cards.

Thank you in advance for your reply
we sent in the appeal around new year. I think it was just before, say 31st December. we decided not to stand up in court, we decided to have our papers read by a Judge. This was read by the judge on the 6th June 2019, notice of appeal result landed a few days later. The BRP card arrived Wednesday 3rd July
Okay Lovely, Thanks for your reply, I had my appeal just exactly a week ago. just waiting to hear back from them now.

best of luck, hope it all goes well

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