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Settlement visa application Refused - Minsk

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tanya_cz
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Joined: Tue Dec 16, 2008 8:47 pm
Location: BELFAST

Settlement visa application Refused - Minsk

Post by tanya_cz » Fri Mar 13, 2009 1:02 pm

Hello all,
I am absolutely devastated to be refused uk settlement
visa under unmarried partner category.
I have been in a relationship with my UK partner for 3
years, almost 2 of which i have spent in UK on visitor
visas, we also have our son born in uk and a uk citizen.

The refusal just looks like a general refusal letter
quoting general things which are factually incorrect. Its
mostly about insuffent papers submitted etc

however i provided,
my bank statement
national insurance details letter
car insurance
car registration document
College course details applied for
life in UK pass certificate
+ lots and lots of other letters proving our relationship,
finances etc etc

there is an appeal process associated with this, but
this has totally wrecked our family lives and future plans...
How can they refuse?
Anyone any advice?
thanks
T

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Casa
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Joined: Wed Jul 23, 2008 2:32 pm

Post by Casa » Fri Mar 13, 2009 2:05 pm

Do you have documented evidence of the full 2 years living together at the same address without any gaps of more than 3 months?

tanya_cz
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Posts: 28
Joined: Tue Dec 16, 2008 8:47 pm
Location: BELFAST

Post by tanya_cz » Fri Mar 13, 2009 9:45 pm

Casa wrote:Do you have documented evidence of the full 2 years living together at the same address without any gaps of more than 3 months?
i done some small research on how the application should have been
processed...
can anyone shen any light on this referal issue??
thanks



http://www.ukvisas.gov.uk/en/ecg/ecgarchive/chapter25/


25.4 - Categories where referral is mandatory and to whom to refer [Updated 1 September 2008]

NCC2
* Persons exercising the right of access to a child, Chapter 10.

irakra
Junior Member
Posts: 53
Joined: Mon Nov 03, 2008 6:32 pm
Location: london

Hi

Post by irakra » Tue Mar 17, 2009 4:00 pm

Hi,

Did you prove that you have where to live and your partner has enough funds to support you in the UK?

Is he a British citizen?

I am facing the same problem soon.

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

Post by Wanderer » Tue Mar 17, 2009 5:08 pm

How is it u have a national insurance number when u've been here on visit visas?

Perhaps the refusal is for that plus seemingly settling on visit visas?

Anyway I can't this not being overturned - unless they are saying the above is contriving to circumvent the immigration rules?

sorry - not much help....
An chéad stad eile Stáisiún Uí Chonghaile....

Jersey
Member
Posts: 152
Joined: Thu Dec 18, 2008 4:10 pm

Re: Settlement visa application Refused - Minsk

Post by Jersey » Wed Mar 18, 2009 7:35 am

tanya_cz wrote:Hello all,
I am absolutely devastated to be refused uk settlement
visa under unmarried partner category.
I have been in a relationship with my UK partner for 3
years, almost 2 of which i have spent in UK on visitor
visas, we also have our son born in uk and a uk citizen.

The refusal just looks like a general refusal letter
quoting general things which are factually incorrect. Its
mostly about insuffent papers submitted etc

however i provided,
my bank statement
national insurance details letter
car insurance
car registration document
College course details applied for
life in UK pass certificate
+ lots and lots of other letters proving our relationship,
finances etc etc

there is an appeal process associated with this, but
this has totally wrecked our family lives and future plans...
How can they refuse?
Anyone any advice?
thanks
T
I think you should get married and then apply for a different kind of visa. They will not be able to refuse it, as they can't separate families.

bototo
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Posts: 145
Joined: Mon Dec 01, 2008 7:54 pm

Post by bototo » Wed Mar 18, 2009 9:54 am

Wanderer has a good question. An NI number is issued only IF you're in work or are actively seeking employment. If you've applied for an NI number then you're admitting working or attempting to work.
my bank statement
car insurance
car registration document
College course details applied for
Bank statement?! Singlular? What does car registration and college course applied for have to do with anything? OK, they don't hurt but how do they help the application? I'm doubtful about the "quality" of other documentation you supplied.
Its
mostly about insuffent papers submitted etc
If that's what they say that that's what you need to address. You're lucky it's only about the docs.

Personal letters between you and your partner don't "prove" finances!

A birthday card from your partner to you is less impressive than a Council Tax bill in joint names. And the HO isn't likely to give as much weight to a credit card statement as to a P60. There is a document hierarchy: central govt, birth and deaths registrars and HMRC type of docs followed by NHS, council tax and local government issued docs etc., followed by banks, utilities etc with personal letters being the last (they are the ones most easily faked).

tanya_cz
Newly Registered
Posts: 28
Joined: Tue Dec 16, 2008 8:47 pm
Location: BELFAST

Re: Settlement visa application Refused - Minsk

Post by tanya_cz » Wed Mar 18, 2009 7:55 pm

hello,

to answer previous question, if you partner applies for tax credits
in the UK then they have to give you a NI number to process it.
Its an effective loophole they dont like.
It takes 3 months+ though so you would need visitor visa for at least this!

my partner has complained direct to embassy generally under human rights
grounds
Also he is consulting lawsociety imigration solicitor before the appeal etc

You have 28 days to appeal decision

I attach part of the complaint for anyone wishing to comment
or is thinking of same

T


It is our opinion that the application was not processed to an acceptable level of due care and attention given the list of relevant documents submitted. This refusal is also in direct breach of my human rights and my son's human rights (rights to family life) which should have been recognised by the Officer concerned.
Under the European Convention on Human Rights, Article 8 – Right to respect for private and family life.
“Separation of family members will normally constitute an interference with the right to respect for family life…â€

tanya_cz
Newly Registered
Posts: 28
Joined: Tue Dec 16, 2008 8:47 pm
Location: BELFAST

visa granted

Post by tanya_cz » Fri Jun 19, 2009 10:29 pm

hello,
*** update ***
after submitting appeal and sending in other letters of complaint etc
the embassy overturned their decision and granted the spouse visa
in a few weeks...
But before getting visa in embassy, they made me sign retraction
statements...
contact me no problem for advice on similar situation.
T

meats
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Posts: 1102
Joined: Sat May 23, 2009 7:59 am

Re: visa granted

Post by meats » Fri Jun 19, 2009 10:44 pm

tanya_cz wrote:hello,
*** update ***
after submitting appeal and sending in other letters of complaint etc
the embassy overturned their decision and granted the spouse visa
in a few weeks...
But before getting visa in embassy, they made me sign retraction
statements...
contact me no problem for advice on similar situation.
T
On the information that you've given in this thread, then the fact that you've been granted a spouse visa is the mother of all jokes as you've clearly been breaching immigration laws whilst on your visitor visa.

Obie
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Posts: 15156
Joined: Tue Apr 21, 2009 12:06 am
Location: UK/Ireland
Ireland

Re: visa granted

Post by Obie » Fri Jun 19, 2009 11:28 pm

meats wrote:
On the information that you've given in this thread, then the fact that you've been granted a spouse visa is the mother of all jokes as you've clearly been breaching immigration laws whilst on your visitor visa.


Meat this women and her child won their case fair and Square. If they didn't meet the criteria the Home Office would not have made an out of court settlement.

We should try not to judge others. Her child deserve to be with both parents like yourself when you were younger.

She came to the forum to gain advice and provide advice to others in need.

Please do not discourage others with by intimidating them when they share their experience. If you cannot contribute positively, don't contribute at all.

prettypolitical
Member
Posts: 179
Joined: Fri Apr 03, 2009 10:42 pm
Location: England

Post by prettypolitical » Sun Jul 12, 2009 10:59 pm

I know exactly how this person feels being deperated from her family, i am going through the same, being told my relationship with my husband is fake etc and now myself and the children are suffering!!!(3 of them)

good on you if you were sucessful in your visa just wish ours was the same outcome as it is slowly destroying one of my children in particular.


Can you tell me how you complianed to the embassy and what grounds maybe it could be useful for me before i end up having a nervous breakdown.

ours is going through the appeal process at the moment but got to wait until sept to get a definate date!!!!!
???REUNITED???

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