Post
by stimtim » Sat Apr 13, 2024 10:50 pm
Just for clarification : we have been living together for 3 years, just that we had a 6 months gap as my partner had to travel for work (all evidences were given to HO). His parents are of Indian origin although he was born and brought up in the UK and is a British citizen by birth. all the evidences like tickets, pictures, were also given to HO in addition to the main ones. Here is what the officer said in his refusal letter (it's a bit harsh):
You do not meet the eligibility relationship requirement paragraphs E-LTRP.1.1. to 1.12. because ____does not meet the definition of partner under paragraph GEN.1.2 and, as such, you do not meet paragraph E-LTRP.1.2.
You are not a Spouse or Civil Partner, you have not provided the required specified evidence that you are to marry Mr ____within 6 months of the date of your application and you do not have Fiancée LTE (meaning you cannot be considered as a Fiancée or proposed Civil Partner), and you have told us that you have not been living together with Mr ____ in a relationship akin to a marriage or civil partnership for at least two years prior to the date of application. Therefore, Mr _____ not meet the definition of partner under paragraph GEN.1.2
You claim to have a partner in the UK, but it is not accepted that your relationship with your partner is genuine and subsisting. This is because as Mr___ does not meet the definition of partner under paragraph GEN.1.2, you do not meet paragraph E-LTRP.1.2 of the Relationship requirements. You therefore also fail to meet the requirement of paragraph E-LTRP.1.7. of Appendix FM of the Immigration Rules and the requirements of EX.1.(b) of Appendix FM so paragraph EX.1. does not apply in your case.
Although your partner is a British Citizen, who has lived in the UK for a number of years, has friends and family here, works here and speaks English and may not wish to uproot and relocate halfway across the world, and it may be very difficult for them to do so, this degree of hardship or inconvenience does not amount to a significant obstacle. European Court of Human Rights Article 8 does not oblige the UK to accept the choice of a couple as to which country they would prefer to reside in.
As a citizen of India, you are over 18 at an employable age and have provided no compelling evidence to suggest that you would not be able to fully support yourself and your partner in India. It is no more unreasonable to expect a settled person to relocate to a foreign country to pursue a family life than it would be to expect a foreign national to come to the UK for the same purpose. Therefore, if they so wish, it is open to your partner to return with you to India where you can enjoy your rights as a citizen. You would be returning to a country that you are both familiar with and therefore it is considered that you could fully support your partner whilst they adapt to life there.
As a result of this, you fail to meet the requirements of paragraph PL 5.1(b) of the Immigration Rules.
