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Fiance visa refusal due to no 2 year cohabitation

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AnnaSh
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Fiance visa refusal due to no 2 year cohabitation

Post by AnnaSh » Fri Apr 20, 2018 12:09 pm

Hello everyone.

We submitted fiancée visa application In December 2017 in Sydney office(Australia).
On 2 of February I got my passport back with the the most ridiculous refusal reason that we didn’t provide enough evidence of living together for at least 2 years 🤷‍♀️.
It clearly says fiancée visa and our intention to get married was submitted with all the documents.

Our solicitor sent an email to HO explained that this refusal is a blind mistake of an incompetent COE and asked them to reconsider.
We didn’t hear anything back from them and as time was coming close to the appeal deadline we had to react.

The appeal was submitted on the 2 March 2018 by our solicitor and they only take the payment on 19th of March 😏
Last night ( 19 April) we received the notification of an appeal providing the timeline of 15 weeks.

So annoying and irritating that we are in that position for not our mistake.

Did anyone hear anything that these cases might be overturned quickly?

Appreciate any advice

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Re: Fiance visa refusal due to no 2 year cohabitation

Post by CR001 » Fri Apr 20, 2018 12:12 pm

I have split your post to its own topic as it is considered unfair to posters to tag onto their threads.

Did you select the right category for the visa application, i.e.

>settlement
>>settlement
>>>marriage
Char (CR001 not Casa)
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Re: Fiance visa refusal due to no 2 year cohabitation

Post by AnnaSh » Fri Apr 20, 2018 12:17 pm

CR001 wrote:
Fri Apr 20, 2018 12:12 pm
I have split your post to its own topic as it is considered unfair to posters to tag onto their threads.

Did you select the right category for the visa application, i.e.

>settlement
>>settlement
>>>marriage
Thanks for redirecting my post 🙂

Yeah our solicitor made an application and we checked it many times as well. It is correct 200%

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Re: Fiance visa refusal due to no 2 year cohabitation

Post by Ballmigirl17 » Fri Apr 20, 2018 12:23 pm

Hey

I know how you feel my fiances visa was refused for stupid reasons also. We was refused 14th December, Solicitor asked for them to reconsider on 15th December but they never even acknowledged and we appealed 18th December but we only got our notice of appeal on 16th March. I dont know why after 3 months, everyone else seems to get theirs after 1 month which is really strange.

Our MP also ask them to reconsider but they said no can do outside of appeal procedures, so we complained directly to the home office, after much ado and having to threaten them with ombudsman, they finally agreed to review our case and we are still waiting. I have been trying to chase them all this week, no luck yet, but im sure they will get tired of seeing my name soon.

After reading on this forum and doing my own research, alot of people who were refused and reapplied instead of appeal and got the visa.... i can only assume a big money making scandal. its more profitable to refuse because 9/10 people reapply, but we didn't have another application fee to apply. Plus I dont want them to have any more of our hard earned money. so unless they realise they made a big mess up (and they will because i am not letting this go) then i will be seeing them in court where they are going to be so embarressed.

Its a shame it has to be this way :(

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Re: Fiance visa refusal due to no 2 year cohabitation

Post by CR001 » Fri Apr 20, 2018 12:28 pm

AnnaSh wrote:
Fri Apr 20, 2018 12:17 pm
CR001 wrote:
Fri Apr 20, 2018 12:12 pm
I have split your post to its own topic as it is considered unfair to posters to tag onto their threads.

Did you select the right category for the visa application, i.e.

>settlement
>>settlement
>>>marriage
Thanks for redirecting my post 🙂

Yeah our solicitor made an application and we checked it many times as well. It is correct 200%
Vital to make sure as if you or solicitor selected "unmarried partner" instead of "marriage", then the refusal would be correct.

Did you pay IHS fee with your visa fees?
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

AnnaSh
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Re: Fiance visa refusal due to no 2 year cohabitation

Post by AnnaSh » Fri Apr 20, 2018 12:33 pm

CR001 wrote:
Fri Apr 20, 2018 12:28 pm
AnnaSh wrote:
Fri Apr 20, 2018 12:17 pm
CR001 wrote:
Fri Apr 20, 2018 12:12 pm
I have split your post to its own topic as it is considered unfair to posters to tag onto their threads.

Did you select the right category for the visa application, i.e.

>settlement
>>settlement
>>>marriage
Thanks for redirecting my post 🙂

Yeah our solicitor made an application and we checked it many times as well. It is correct 200%
Vital to make sure as if you or solicitor selected "unmarried partner" instead of "marriage", then the refusal would be correct.

Did you pay IHS fee with your visa fees?
We have the basis to go to the UK as the fiancée of someone settled in the UK and relationship to the sponsor is fiancée

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Re: Fiance visa refusal due to no 2 year cohabitation

Post by CR001 » Fri Apr 20, 2018 12:35 pm

Yes I understand that. What I am asking is what was selected on the 3 category drop down menus on the online process when the application is started as that is the first part of the application process.

And also if you paid IHS as part of the online application process?
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Re: Fiance visa refusal due to no 2 year cohabitation

Post by AnnaSh » Fri Apr 20, 2018 12:47 pm

CR001 wrote:
Fri Apr 20, 2018 12:35 pm
Yes I understand that. What I am asking is what was selected on the 3 category drop down menus on the online process when the application is started as that is the first part of the application process.

And also if you paid IHS as part of the online application process?
Unfortunately can’t say about category 3 drop down (unless I can find it in the application form)
And I don’t think we payed IHS either ( not sure if I need it as I am from Russia)

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Re: Fiance visa refusal due to no 2 year cohabitation

Post by CR001 » Fri Apr 20, 2018 12:51 pm

Unfortunately can’t say about category 3 drop down (unless I can find it in the application form)

Imperative you try find out that the correct categories in the drop down menu were selected (settlement / settlement / marriage) for a fiance visa and not (settlement / settlement / unmarried partner) which would require mandatory 2 years cohabitation evidence.
And I don’t think we payed IHS either ( not sure if I need it as I am from Russia)
All applicants for visas more than 6 months have to pay the Immigration Health Surcharge. Not payable for a 6 month fiance visa but would be payable for the unmarried partner visa.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

AnnaSh
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Re: Fiance visa refusal due to no 2 year cohabitation

Post by AnnaSh » Fri Apr 20, 2018 12:55 pm

CR001 wrote:
Fri Apr 20, 2018 12:51 pm
Unfortunately can’t say about category 3 drop down (unless I can find it in the application form)

Imperative you try find out that the correct categories in the drop down menu were selected (settlement / settlement / marriage) for a fiance visa and not (settlement / settlement / unmarried partner) which would require mandatory 2 years cohabitation evidence.
Is it right? Is there any chance for us to find it out? With solicitor maybe? If there was a mistake what should we do?

Thanks for that it is very helpful!
And I don’t think we payed IHS either ( not sure if I need it as I am from Russia)
All applicants for visas more than 6 months have to pay the Immigration Health Surcharge. Not payable for a 6 month fiance visa but would be payable for the unmarried partner visa.

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Re: Fiance visa refusal due to no 2 year cohabitation

Post by Katie_France » Fri Apr 20, 2018 12:59 pm

AnnaSh,

I can imagine how difficult it is to have a refusal, but unfortunately the only recommendation I can give, if you can afford, try to find out the mistake, and reapply.

Can you publish the text of your refusal without personal data?

AnnaSh
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Re: Fiance visa refusal due to no 2 year cohabitation

Post by AnnaSh » Fri Apr 20, 2018 1:09 pm

Katie_France wrote:
Fri Apr 20, 2018 12:59 pm
AnnaSh,

I can imagine how difficult it is to have a refusal, but unfortunately the only recommendation I can give, if you can afford, try to find out the mistake, and reapply.

Can you publish the text of your refusal without personal data?
It says : you do not meet the eligibility relationship requirements of paragraphs E-ECP 2.1. to 2.10. because the requirements for entry clearance as a partner are set out in section EC-P of appendix FM to the immigration rules. However, for the purpose of that section a “partner” is defined in paragraph GEN 1.2. of appendix FM as athe applicants spouse, civil partner, fiancée or proposed civil partner or a person who has been living together with the applicant in a relationship akin to a marriage or civil partner for at least 2 years prior to the date of application

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Re: Fiance visa refusal due to no 2 year cohabitation

Post by AnnaSh » Fri Apr 20, 2018 1:16 pm

AnnaSh wrote:
Fri Apr 20, 2018 12:55 pm
CR001 wrote:
Fri Apr 20, 2018 12:51 pm
Unfortunately can’t say about category 3 drop down (unless I can find it in the application form)

Imperative you try find out that the correct categories in the drop down menu were selected (settlement / settlement / marriage) for a fiance visa and not (settlement / settlement / unmarried partner) which would require mandatory 2 years cohabitation evidence.
And I don’t think we payed IHS either ( not sure if I need it as I am from Russia)
All applicants for visas more than 6 months have to pay the Immigration Health Surcharge. Not payable for a 6 month fiance visa but would be payable for the unmarried partner visa.
Is it right? Is there any chance for us to find it out? With solicitor maybe? If there was a mistake what should we do?

Thanks for that it is very helpful!

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Re: Fiance visa refusal due to no 2 year cohabitation

Post by CR001 » Fri Apr 20, 2018 1:21 pm

If your solicitor selected "unmarried partner" instead of "marriage", then the refusal is correct and you will lose if you appeal. You will need to get in touch with them or look at the paperwork you have including your application submission appointment email.

Can you post the exact wording of the refusal letter, taking out all personal information?

What is the total amount you paid in ££ for this application (UKVI not your solicitor fees)??
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

AnnaSh
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Re: Fiance visa refusal due to no 2 year cohabitation

Post by AnnaSh » Fri Apr 20, 2018 1:26 pm

CR001 wrote:
Fri Apr 20, 2018 1:21 pm
If your solicitor selected "unmarried partner" instead of "marriage", then the refusal is correct and you will lose if you appeal. You will need to get in touch with them or look at the paperwork you have including your application submission appointment email.

Can you post the exact wording of the refusal letter, taking out all personal information?

What is the total amount you paid in ££ for this application (UKVI not your solicitor fees)??
The visa fee was £1464!
Is there any chance I can attach the pic of the refusal letter?

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Re: Fiance visa refusal due to no 2 year cohabitation

Post by CR001 » Fri Apr 20, 2018 1:31 pm

There is an attachment tab at the bottom when you post a reply but it doesn't always work. You would need to black out all personal details.

The fee is correct for fiance or unmarried partner. Do you know if your solicitor also paid £600 IHS??
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

AnnaSh
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Re: Fiance visa refusal due to no 2 year cohabitation

Post by AnnaSh » Fri Apr 20, 2018 1:33 pm

AnnaSh wrote:
Fri Apr 20, 2018 12:55 pm
CR001 wrote:
Fri Apr 20, 2018 12:51 pm
Unfortunately can’t say about category 3 drop down (unless I can find it in the application form)

Imperative you try find out that the correct categories in the drop down menu were selected (settlement / settlement / marriage) for a fiance visa and not (settlement / settlement / unmarried partner) which would require mandatory 2 years cohabitation evidence.
Is it right? Is there any chance for us to find it out? With solicitor maybe? If there was a mistake what should we do?

Thanks for that it is very helpful!
And I don’t think we payed IHS either ( not sure if I need it as I am from Russia)
All applicants for visas more than 6 months have to pay the Immigration Health Surcharge. Not payable for a 6 month fiance visa but would be payable for the unmarried partner visa.
Jus now found printer application form which says type of visa - settlement/ purpose if application - settlement / and type of application - marriage

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Re: Fiance visa refusal due to no 2 year cohabitation

Post by Katie_France » Fri Apr 20, 2018 1:36 pm

AnnaSh,

Can you copy paste the text? Do you have it in e-version of refusal or only paper one?

as possibility, did you provide information how long do you know each other? Maybe ECO didn’t believe in the length of your relationship.

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Re: Fiance visa refusal due to no 2 year cohabitation

Post by AnnaSh » Fri Apr 20, 2018 1:39 pm

CR001 wrote:
Fri Apr 20, 2018 1:31 pm
There is an attachment tab at the bottom when you post a reply but it doesn't always work. You would need to black out all personal details.

The fee is correct for fiance or unmarried partner. Do you know if your solicitor also paid £600 IHS??
No I couldn’t find that we payed.
There are fees for solicitor, application fee and priority service

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Re: Fiance visa refusal due to no 2 year cohabitation

Post by CR001 » Fri Apr 20, 2018 1:40 pm

AnnaSh wrote:
Fri Apr 20, 2018 1:33 pm
Jus now found printer application form which says type of visa - settlement/ purpose if application - settlement / and type of application - marriage
That would be correct for a fiance visa. There has then been an error as 2 years cohabitation is not mandatory for a fiance visa. Having met in person and evidence of relationship is.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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Re: Fiance visa refusal due to no 2 year cohabitation

Post by Katie_France » Fri Apr 20, 2018 1:42 pm

In my point of view the extract from the refusal which you typed, means that you didn’t meet the criteria of fiancé (not about 2 years).
Did they elaborate more on it? What didn’t they like? What kind of documents did you submit?

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Re: Fiance visa refusal due to no 2 year cohabitation

Post by Katie_France » Fri Apr 20, 2018 1:47 pm

Paragraph Gen 1.2 is not about partner only, it states all the possible variations of partner, including fiancé. That probably means that ECO wasn’t satisfied with your relationship documentation, in my point of view. What kind of documents did you submit with your application?

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Re: Fiance visa refusal due to no 2 year cohabitation

Post by AnnaSh » Fri Apr 20, 2018 3:01 pm

AnnaSh wrote:
Fri Apr 20, 2018 1:39 pm
CR001 wrote:
Fri Apr 20, 2018 1:31 pm
There is an attachment tab at the bottom when you post a reply but it doesn't always work. You would need to black out all personal details.

The fee is correct for fiance or unmarried partner. Do you know if your solicitor also paid £600 IHS??
No I couldn’t find that we payed.
There are fees for solicitor, application fee and priority service
on December 11th 2017 you made an application for entry clearance to the UK and appendix FM to be immigration rules on the basis of your family life with your partner.

your application has been considered under those rules, and with reference to Article 8 of the European Convention of Human Rights.

this decision takes into account as a primary consideration the best interest of any relevant child in line with sections 55 of the borders citizenship and Immigration Act 2009.

we have considered your application under the paragraph EC- P1.1. of appendix FM. however you did not qualify to entry clearance under the 5-year partner route for the following reasons:

Suitability:
Your application does not fall for refusal on grounds of suitability under Section E-ECP of appendix FM.
Eligibility:
You meet the eligibility requirements of section E-ECP of appendix FM.
Eligibility relationship requirement:
You do not meet the eligibility relationship requirement of paragraph E-ECP 2.1 to 2.10 because the requirements for the entry clearance as a partner are set out in section EC-P of appendix FM to the immigration rules. However, for the purposes of that section as a partner is defined in paragraph GEN 1.2. of appendix FM as the applicant’s spouse, civil partner, fiancée or proposed civil partner, or a person who has been living together in a relationship akin to a marriage or civil partnership for at least 2 years prior to the date of application.

From the information provided it appears that whilst I acknowledge that you have been in relationships since 18 March 2017, you state you have lived together since June 2017 therefore you have not been living together for at least 2 years. Therefore, you didn’t fulfill the definition of a partner and cannot meet the requirements of section EC-P. Your application is therefore reduced under paragraph ECP 1.2. (D) of the immigration rules.

Eligibility financial requirement
You meet the eligibility financial requirement of paragraph E-ECP 3.1-3.4

Eligibility English language requirements
You meet the eligibility English language requirements of paragraph E-ECP 4.1-4.2
Exceptional circumstances
We have considered under paragraphs GEN 3.1 and GEN 3.2 of appendix FM as applicable, whether there are exceptional circumstances in your case which would or could render refusal a breach of article 8 of the ECHR becoase it could or would result in unjustifiably harsh consequences for you and your family. In so doing we have taken into account, under paragraph GEN 3.3. of appendix FM , the best interest of any relevant child as a primary consideration.
However, based upon the information and / evidence you have provided we are satisfied that the minimum income requirement is not met , and we have decided that you do not meet the financial requirement under paragraph E-ECP 3.1 to E-ECP 3.4 of appendix FM.

We have also considered your application under paragraph GEN 3.2. of appendix FM. We have concluded there are no exceptional circumstances in your case which would render refusal a breach of article 8 of the ECHR because it would result in unjustifiably harsh consequences for you, your partner, a relevant child or another family member.

You have provided no information or evidence to establish that there are any exceptional circumstances in your case.

Refusal under the partner rules
In light of the above, your application is refused under paragraph D-EVP 1.3 of appendix FM with reference to paragraph EC-P 1.1 (a), (b) and (d) and you do not qualify for entry clearance on the 5-year partner route, or on the 10-year partner route on the babsis of exceptional circumstances under appendix FM.
Compassionate factors
You do not fall for a grant of entry clearance outside the immigration rules on the basis of compassionate factors.
We have decided that, based on the information you have provided there are no compassionate factors in your case that warrant a grant of entry clearance outside the immigration rules.

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Re: Fiance visa refusal due to no 2 year cohabitation

Post by AnnaSh » Fri Apr 20, 2018 3:08 pm

Katie_France wrote:
Fri Apr 20, 2018 1:47 pm
Paragraph Gen 1.2 is not about partner only, it states all the possible variations of partner, including fiancé. That probably means that ECO wasn’t satisfied with your relationship documentation, in my point of view. What kind of documents did you submit with your application?
We submitted bills sent to the same address, pictures from different places, including with our friend and his parents, our trips together in Australia including air tickets, confirmations from hotels that we have stayed together, what’s up and messenger scrinshots,our communication when he was away for work.

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Re: Fiance visa refusal due to no 2 year cohabitation

Post by Katie_France » Fri Apr 20, 2018 3:14 pm

AnnaSh wrote:
Fri Apr 20, 2018 3:08 pm
We submitted bills sent to the same address, pictures from different places, including with our friend and his parents, our trips together in Australia including air tickets, confirmations from hotels that we have stayed together, what’s up and messenger scrinshots,our communication when he was away for work.
Did you submit wedding plans? Like correspondence with venue or rings receipts?

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