Tier 2 PBS Dependant Application Refused

Hi,

I have been in a relationship with a woman from my home country in south america for the last 2 years. I usually spend a week there every couple of months as well as most holidays, she has been here once in 2017 for 2 weeks and is with me now, here in the UK, under a visitor leave since December last year.

We are considering getting married, but when I looked to apply for a marriage visa, I read that she must not have the intention of staying in the UK after the marriage. Instead, I have applied directly for her as my dependant under the PBS Tier 2 Visa as unmarried partner, with intention to get married.

Unfortunately, during the application process, we had no opportunity to provide any proof or document about our relationship, as the only requested document was her passport, resulting in a refused application on the grounds that she was granted leave to enter as a visitor for 6 months, 4 months ago.

Now I'm a bit confused on how best to proceed. Is it even worth trying to appeal for an administrative review trying to prove our 2 year long relationship? Does she have to leave and apply from outside the UK? Is there any other type of visa we can apply for, so we can get married and live together here?

Any help is appreciated.
Thank you in advance.

Thought you had a wife and daughter who were your dependents in 2014??

uk-tier-2-employer-sponsored-visas/chan ... l#p1326260

We are considering getting married, but when I looked to apply for a marriage visa, I read that she must not have the intention of staying in the UK after the marriage. Instead, I have applied directly for her as my dependant under the PBS Tier 2 Visa as unmarried partner, with intention to get married.

Are you divorced from your wife? You cannot apply for any other visa within the UK if you are here as a visitor, the rules do not permit this.

Unfortunately, during the application process, we had no opportunity to provide any proof or document about our relationship, as the only requested document was her passport, resulting in a refused application on the grounds that she was granted leave to enter as a visitor for 6 months, 4 months ago.

To qualify as unmarried partners, you require rock solid evidence of cohabitation and 'living together in a relationship akin to marriage'.

Now I'm a bit confused on how best to proceed. Is it even worth trying to appeal for an administrative review trying to prove our 2 year long relationship? Does she have to leave and apply from outside the UK? Is there any other type of visa we can apply for, so we can get married and live together here?

The requirement is to have lived together, with evidence, for 2 years. For all intents and purposes, you are only 'boyfriend/girlfriend' at this stage.

Thought you had a wife and daughter who were your dependents in 2014??

Hi, thank you for remembering me. You are correct. We separated in Aug 16 and my daughter and her mother left the UK in Mar 17, which is the main reason of my constant trips back to Brazil.

Are you divorced from your wife? You cannot apply for any other visa within the UK if you are here as a visitor, the rules do not permit this.

Yes, I am officially divorced from my ex-wife. I have a new girlfriend since May 17, and we are considering getting married, she's here with me now on a visitor visa, but she'll be leaving over the next weeks.

To qualify as unmarried partners, you require rock solid evidence of cohabitation and 'living together in a relationship akin to marriage'.
N

My girlfriend is going back to Brazil and the next time that I'll be there, we'll get officially married. Can you please advise further on the possibility of bringing her here to live with me? After we are married, do we have to wait to be married for 2 years or the official marriage certificate is enough to grant dependant status of tier 2 visa, (of course, assuming she'll apply from Brazil, before coming here)?

In October 19 it'll be 5 years of me living in the UK, which afaik will allow me to apply for permanent residence. Does that change anything in regards to getting married and living with someone on a dependant visa?

Thank you once more for the advice and support.