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FLR(M) second extension after 2.5 years

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ronaldo567
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FLR(M) second extension after 2.5 years

Post by ronaldo567 » Sat Aug 15, 2015 8:35 pm

Hi All, it's been 2.5 years since I first got granted my spouse/civil partnership visa. I need to apply for an extension asap and I meet all requirements except for one...I never lived with my partner and the only documents I could submit to the same address would be some bank statements, I don't have them all just a few months, maybe some random letters and payslips and probably a letter from my 'in laws' confirming we are in a relationship.....our relationship still exists! we just couldn't live in the same place because of work reasons, my partner recently moved near my area as he got a job nearby but we haven't been able to rent a flat for both, and now that we are able to do it, we need to use the money for UKBA and potentially lawyers. Does anyone know how I could explain the fact that we didn't live together and I can't show proof of the "relationship" part. I am on a civil partnership and on my first application, there was no need to show proof of living together, the certificate was enough, so anyone stressing out because of this, don't worry too much, just send your marriage certificate and that's enough proof.....but on this second extension, I must show proof of the cohabitation, how can I fix this? Do I stand a chance ?

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Re: FLR(M) second extension after 2.5 years

Post by Casa » Sat Aug 15, 2015 9:54 pm

The most important condition to meet (apart from finances) is that you are living together...hence the mandatory requirement for at least 6 pieces of evidence in joint names at the same address covering the full 2.5 year period. How often do you see each other and what evidence do you have of this?
You should also bear in mind that the initial civil partnership visa was granted with the understanding that you would be living together. Didn't you have to submit evidence of accommodation?
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

ronaldo567
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Re: FLR(M) second extension after 2.5 years

Post by ronaldo567 » Sat Aug 15, 2015 10:43 pm

On my first flrm I submitted a letter from my in-laws confirming my partner and I were in a relationship and my main residence was their house, that's it, and I got the visa. I remember I tried to apply on premium service and the officer told me I needed to organise my papers so I'd better send it by post, he was nice and didn't charge me, I quickly asked what documents I needed to submit to show proof of my relationship, he said: you have a civil partnership certificate right? That's all you need. Apparently the documents are mainly for unmarried people living as partners. So I sent my application by post and got my visa in 4 weeks. Now, after I got the visa, I was still working in London and got a new job also in London where I've been working for the past 2.5 years, my partner had his job in Coventry but he moved to London near my house 8 months ago, since then we visit each other every week because we live walking distance, but we haven't been able to get a flat for both yet. Maybe I could show proof that he moved in December to my area, but then they could ask me why you not living together if you live so close. My bank statements and payslips still go to my in-laws house because at the end of the day, that's our main house, but we don't live there

ronaldo567
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Re: FLR(M) second extension after 2.5 years

Post by ronaldo567 » Sat Aug 15, 2015 10:46 pm

From what I understand, as long as there is inttension to live permanently together, then I still have a chance to get my visa accepted. How could they proof the opposite? We can say we wanted to live together but due to work reasons we couldn't, he moved to my area 8 months ago but we see each other everyday, it is walking distance. Also, we opened a joint account 6 months ago but we only have 500 quid and we set the account to be paperless

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Re: FLR(M) second extension after 2.5 years

Post by Obie » Sun Aug 16, 2015 12:10 am

This seems to be a civil partnership of convenience, and you will encounter difficulty in getting an extension..

You are both living in London, but no sufficient place for both of you.
Could the 2 of u not share a common room.

Furthermore the intention to live together applies to Entry clearance cases and not a person who has already been granted visa and live in same country.
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ronaldo567
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Re: FLR(M) second extension after 2.5 years

Post by ronaldo567 » Sun Aug 16, 2015 12:36 am

Yes we can move together now, but it is too late I guess. My bank statements are on my in-laws address, same as his, can we not say that's our main house but for work reasons we are still living apart?...I can't see how I could fix this :-( we still have the intention to live together, we just didn't do it because he was new at work and didn't know he was gonna stay there and I thought it was cheaper this way until we save enough for our own place hence we opened a joint account, not much saved tho!

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Re: FLR(M) second extension after 2.5 years

Post by vinny » Sun Aug 16, 2015 12:43 am

Sharing one bedroom together for your exclusive use, subject to accommodation not being overcrowded, was all that was expected! Strange that you choose to live within walking distance of each other instead.
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Re: FLR(M) second extension after 2.5 years

Post by Obie » Sun Aug 16, 2015 12:54 am

This is quite a strange case.

It does not seem like there is an intention to live together.

You clearly don't intend to live together, coz when you were granted leave , it was on the basis that you are living together and intend to do so for the forseeable future.

You cannot come back 2.5 years and say you intend to live together.


You will have difficulty meeting the relationship requirement.
Smooth seas do not make skilful sailors

ronaldo567
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Re: FLR(M) second extension after 2.5 years

Post by ronaldo567 » Sun Aug 16, 2015 1:19 am

My partner lived in Coventry with his parents and I was living in London, he got a job in London in December, close to where I live, I asked my landlord if he had a room but he didn't, so I found a temporary room for him not far from me. Time flied and in these 8 months we haven't lived together.
Anyways, my bank statements and his bank statements still go to my in-laws address, same as payslips.. .. Neither him or me changed address. Do I really have to tell UKBa that my partner lives near me? How would they know anyways?. On my first flr(m) I said I was living in Coventry but I was working in London, they never questioned it. Can I just not say our main residence is still in Coventry but I come here for work from Monday to Friday and spend the weekends in Coventry with him. ...they would probably ask for tickets, isntread of questioning my relationship, I'd appreciate any suggestions on how to work this out

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Re: FLR(M) second extension after 2.5 years

Post by vinny » Sun Aug 16, 2015 1:31 am

ronaldo567 wrote:I asked my landlord if he had a room but he didn't
Was sharing your room unacceptable because of room size or overcrowding?
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

ronaldo567
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Re: FLR(M) second extension after 2.5 years

Post by ronaldo567 » Sun Aug 16, 2015 1:38 am

Unacceptable because my room is a single room, I found him a room with an Indian family because he was given 2 weeks notice to start his job, so we were in a rush. They had many fights and after a couple of months he was told to leave, he is now living in another house but he's been given notice because the landlord needs the house. I was saving money for a surgery abroad so renting a bigger flat wasn't an option because he is on minimum wage and I would have to cover most of it

ronaldo567
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Re: FLR(M) second extension after 2.5 years

Post by ronaldo567 » Sun Aug 16, 2015 1:43 am

Plus, I am still paying a loan I got 5 years ago to pay my degree in the UK. I can show proof I send money every month to my country to pay my loan, I can show proof of the loan, I can show proof of my surgery and the price abroad, I can show proof my gp in the UK supported my trip. I have been delaying our 'living together' for many reasons....we opened a joint account in march but because of all our expenses we haven't saved much. However, I don't think they could take money as an issue because I like traveling and my passport has quite a few stamps, ouch!, that works against me

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Re: FLR(M) second extension after 2.5 years

Post by ronaldo567 » Sun Aug 16, 2015 1:49 am

Is it possible anyone could recommend me a good immigration lawyer or agency, I really need advise on this....but if you tell me there's no way I stand a chance, maybe it is not worth spending time and money. I'm also scared that if my application gets rejected and I have to appeal, can my company remove me from work until I get a final decision? That would kill me because I need the money to subsist

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Re: FLR(M) second extension after 2.5 years

Post by Casa » Sun Aug 16, 2015 10:03 am

Your application will be very weak and as Obie has said, the case worker is likely to refuse you as a civil partnership of convenience and not a genuine relationship. The question will be raised as to why the cost of one double room would be higher than 2 single rooms in separate accommodation...and living within walking distance!
Your bank statements will show that you have given a higher priority to spending on holidays etc rather than making a home together. If you lie in the application about where you have been living, this will be easy to spot and you will be liable to a refusal under deception.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

ronaldo567
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Re: FLR(M) second extension after 2.5 years

Post by ronaldo567 » Sun Aug 16, 2015 12:13 pm

Can I say I was not accepted in a double room because we are a gay couple?....I live next to Heathrow and my partner in Hounslow so it is not really walking distance but still very close. I was living in another house last year, near my area, and when I tried to stay with my partner, the landlord kicked me out and even called the police, so the police helped me moving out....they registered the case as discrimination. Our plan was to find a proper flat but with all circumstances, it wasn't possible yet

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Re: FLR(M) second extension after 2.5 years

Post by Casa » Sun Aug 16, 2015 4:44 pm

OK, so may not within living walking distance, but certainly only a short bus ride away. I doubt very much that claiming you couldn't rent a room together due to being a gay couple will be a valid reason. The case worker is likely to take the view that you've had 2.5 years to sort your home life out. They will also look for joint commitments, and a bank account only opened a few months ago won't do much to convince them.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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