UK Unmarried Partnership Visa application refused

[Gmbirke]

Hi,

We need your urgent help as my girlfriend's Unmarried Partnership Visa was just declined. Please see below some background to our case.

I am German and lived and worked the last four years in the USA. I have only once lived for two months in London but as I have received an attractive job offer from a London company I have decided to move there. I quit my job in the US a couple of weeks ago and will start my new job in London next week. I am currently still in the US and will fly to the UK tomorrow. I am sub-leasing a room from a friend until I know for sure that my girlfirend has the VIsa to join me to avoid signing an expensive lease for a too large apartment in case she does not receive the Visa.
My girlfriend is from Ecuador and she lives and works in the USA for more than seven years. We are in a relationship for exactly three years and live together for more than two years without any gaps.
We applied for the Unmarried Partnership Visa so that my girlfriend can come with me to the UK. We applied while I am still in the US to ensure that we fully comply with the "2 year living together" requirement.

However, yesterday we received a letter stating the Refusal of Entry Clearance. We now have 28 days to appeal. The refusal was justified as the following:

Under Paragraph E-ECP.1.1 of the Immigration Rules, to meet the eligibility requirements for entry clearance as a partner, all of the requirements in paragraph E-ECP .2.1 to E-ECP.4.2 must be met.

Paragraph E-ECP 3.1.2a states that your partner must be considered present and settled in the UK. For an EEA national to be classified as present and settled, they must have demonstrated that they have been continuously present in the UK for a period of 5 years before the date of application.

As your sponsor has been living and working in the USA in recent years and is starting a position in the UK on Monday, I am not satisfied that he is present and settled in the UK. I am therefore refusing your application under paragraph E-ECP 3.1.2a.


1.) How should I live with someone for two years who does not have a UK Visa and at the same time be continuously present in the UK for a period of 5 years before the date of application? In my view these two requirements contradict each other. I can also not find the paragraph E-ECP 3.1.2a in any PDF of the UK Immigration homepage nor can find the 5 year requirement for EEA nationals. Could you please advise whether the refusal based on this point is justified and how we could appeal against it?

2.) At the beginning of the letter it is stated: "You have applied for an entry clearance as a Fiancé under Appendix FM of the Immigration Rules." However, we actually applied for entry clearance as an Unmarried Partner. We checked again in the application form we sent and there is a box to apply as Fiancé and one to apply as Unmarried Partner. Do you think this might drive the refusal of her Visa? I am not familiar with he requirements when applying as a Fiancé but could it be that the 5 year requirement of living in the UK before the application is related to the Fiance one?

Your urgent help is highly appreciated!

Thanks and kind regards

[Casa]

Are you sure that you applied using VAF4A? I'm confused that they've referred to you as an EEA national, which you're not for immigration purposes as you're British. What visa fee did you pay? Also the refusal mentions nothing about minimum earnings, which again leads me to suspect that the refusal refers to an EEA permit.

[CR001]

Are you sure that you applied using VAF4A? I'm confused that they've referred to you as an EEA national, which you're not for immigration purposes as you're British. What visa fee did you pay? Also the refusal mentions nothing about minimum earnings, which again leads me to suspect that the refusal refers to an EEA permit.

Casa, OP is German.

I am German and lived and worked the last four years in the USA.

[Casa]

Oops! Sorry, should have gone to Specsavers!

[CR001]

It is strange that they have refused the defacto partner visa when they have been residing together for 2 years though.

[Gmbirke]

Thank you for your quick reply!!
Just as additional information, we fully comply with the Financial Requirements based on my new and old job and based on savings so at least this is not an issue.

[CR001]

Under the EEA route, there is no income/financial requirement.

What form did you complete for the visa? Was it VAF4A under the UK immigration rules?

The refusal reason, or one of them, refers to a time by which you need to have attained permanent residency in the UK, so confused and think you might have applied under the incorrect rules.

[Casa]

Now I wonder if an Unmarried Partner visa was applied for under UK regulations and not an EEA family permit? This would possibly explain the reference to the 5 year residence, which would be required for an EEA national to qualify for permanent residence and no longer be under immigration control.
The mention of a 'fiance' visa option is a clue as I don't believe this category is available for entry under EEA Regulations. If the OP posts the visa fee, it should clarify things.

Edit: Finances wouldn't be an issue under the EEA family permit route. As a German national you wouldn't qualify for an Unmarried Partner visa under EU Rules. Char you beat me to it again!

[Gmbirke]

Thank you so much for your quick replies!

We applied for my girlfriend under form VAF4A and also filled out the Appendix 2 (VAF 4A) Financial Requirement form. Is that not the right one? Does it matter that she is from Ecuador and hence non-EEA?

We paid below fees:
USD 1530 for the actual Visa fee (about GBP 994)
USD 960 for the Insurance Surcharge (about GBP 623)

[CR001]

You applied under the wrong category, i.e. UK Immigration rules instead of the EU/EEA directive.

The link below (Unmarried Partner)has some info on what you need to apply for and it is substantially cheaper. You will need much of the same evidence of 2 years cohabitation.

https://www.gov.uk/family-permit/eligibility

You should be able to get a refund on the immigration health surcharge but unfortunately the visa fee is non-refundable.

[Gmbirke]

Damn, that really sucks. But thank you so much for clarifying this point. At least we know now what we dd wrong. So as a next step can we simply fill out the correct form and try again or would the previous refusal have negative implications?

Thanks again and kind regards

[CR001]

You can apply again as soon as you wish. Previous refusal should have no impact as it was an incorrect application.

[Gmbirke]

Ok, thank you so much for your help! It really means a lot to us!

[CR001]

You are welcome and if you have any further questions, you can continue asking here. Good luck with the application and your new job