VAF4 Refused: Should I apeal? What happens to Evidence?

Hi all,

We have recently had our Non-married settlement Visa rejected on the grounds of insufficient evidence of living together in a marriage style relationship: (i)a b(i)

I'm from the UK and she is from South Korea. We suspected this was our Achilles heel in the application as we met both as Working Holiday Makers in Australia where we lived together and travelled for the best part of a year. I moved to Seoul, South Korea to work for a year teaching English and she lived with me then and visited me in the UK in between. We both came back here last November '08 (only staying in parents house) and she went back to graduate this march '09 and we've been planning and waiting for this visa since. (I had to get my own place, job etc which I have both of)

As you can probably tell we have not lived in one place for 2 years prior to applying but, having been together over 3 years now, we thought as we could prove the relationship and I have a steady well paid job and accommodation they would be less bothered about the fact we've lived together in different countries as long as she wasn't a burden on the state. Naive maybe, but never the less we thought the VAF4 was the best visa to go for.

Now we are looking at appealing, after I seek some professional advice, but as we wouldn't be able to add any bank bills etc of us having lived as a married couple would it be wasting more time? I am hoping the appeal judge would be able to see our case more favourably in that she just wants the right to stay with me and work and even offer a conditional visa?

My follow up question is, if there is no chance of turning this decision around, what happens to the evidence we supplied and can how will it effect applying for a marriage/spouse or Working Visa? We have a lot backed up but some of our Australian Documents weren't copied and I am worried if we aply for certificate to marry they may be vital. We have plenty photo's, emails, msn etc and testimonies from friends and family.

Any info is appreciated.

Basically, you need to prove that you were living together for a minimum of 2 years in a relationship 'akin to marriage', with documentation to support this...proof of joint address, joint committments. i.e, not simply boyfriend and girlfriend.
During the last 2 years (preceding the UPV application), how long did you spend apart at any one time?

Casa wrote:Basically, you need to prove that you were living together for a minimum of 2 years in a relationship 'akin to marriage', with documentation to support this...proof of joint address, joint committments. i.e, not simply boyfriend and girlfriend.
During the last 2 years (preceding the UPV application), how long did you spend apart at any one time?

The longest we have been apart has been from March to now as we were waiting until I got 3 pay slips from my new job. We were staying with my parents over Christmas and New Year after spending 12months to November last year together in South Korea.

We are basically pinning hopes of the appeal, if we go through with it, on a judge looking at our case and taking into account the fact we me abroad in neither of our home countries. She had to finish her degree last year and I had to move to Korea for a year, before moving to London this year and settling down here.

Also if anyone had any details on getting back evidence submitted, or a reference for future Visa's that the relationship, job, accomodation, etc were deemed satisfactory; if we apply for certificate of approval for example.

Thanks.

Lost in Translation wrote:Now we are looking at appealing, after I seek some professional advice, but as we wouldn't be able to add any bank bills etc of us having lived as a married couple would it be wasting more time? I am hoping the appeal judge would be able to see our case more favourably in that she just wants the right to stay with me and work and even offer a conditional visa?

If you have new evidence on your circumstances appertaining at the time of the decision to refuse, then I believe it may be considered.