Unmarried partner visa declined. Please help?

[amex88]

Hi guys. New to this forum. I have a question about an unmarried partner visa rejected.
My brother in law sent a visa for his partner and it has been refused. He met all the requirements as did she. Including the salary required and also they have a daughter together who is one years of age. She actually has a British pasport.

The reasons were they have not been cohabiting for 2 years. Which I have an argument as he lives and works in the UK, so how could he have moved there and meet the requirements?
Also they aparently stated that the partners English speaking exam had expired. Which I disagree as when he submitted it, the cirtificate was still in date.

I am asking if anyone could please help as they do not know if they should apply for a oral hearing, which I believe they should
They had proof of more than a two year relationship as they always kept in contact. He regularly went back to his home country to see his partner and child, and had photos and proof of contact.

Any advice would be great?

Thanks in advanced.

[Wanderer]

The rules state that they must have lived together in a relationship akin to marriage for 2 years. There's is no provision for those not living together with proofs, such as joint bills, leases etc.

So you can see there is no point in appealing etc, the as the application does not meet the criteria required for the Unmarried Partner Visa.

My partner and I had a UPV, they are tough to get, with no leeway at all.

[Casa]

Unless they can show documented evidence that they have been living together in a relationship akin to marriage for a minimum of 2 years they won't qualify for an Unmarried Partner Visa...which is why the application has been refused.
Why have they chosen not to marry? There's no point in appealing as the decision was valid within the Immigration Rules.

Edit@ Beaten by Wanderer

[amex88]

Yes I understand that, however how can they live together when she lives in kosovo and he lives and works here. He has constantly gone there to see them with proof of tickets.

I do not understand those grounds. If someone has to work in the UK how can they live with their partner who lives abroad.

What would the next steps be? Thanks

[Wanderer]

Yes I understand that, however how can they live together when she lives in kosovo and he lives and works here. He has constantly gone there to see them with proof of tickets.

I do not understand those grounds. If someone has to work in the UK how can they live with their partner who lives abroad.

What would the next steps be? Thanks

I lived with my partner when she was here as a student.

The 'grounds' make perfect sense, otherwise everyone would be bringing girlfriends and penpals over - some level of personal commitent is required and the HO has set that as 2 years provable cohabition. The rules are quite clear.

The only way forward is marriage.

[noajthan]

I do not understand those grounds. If someone has to work in the UK how can they live with their partner who lives abroad.

What would the next steps be? Thanks

Unfortunately the visa is not there to accommodate how people choose to cohabit and live their lives.

And, on the UK immigration route, it is HO who calls the shots here.

[amex88]

Yes I understand that. However for the last 5 years has regularly gone back home and seen her and his daughter. I just cannot justify cohabiting for 2 years when he has to work in the UK to provide.

They were both young when they got together so marriage was never an option. They were only engaged. Now having a child here he wants to bring them both. The daughter has a British passport, it's just the partner that has been refused.

So if they were married, what actually cohabitation would that prove? He still would not be living there as he lives and works here as he is a British citizen.

Thanks

[Wanderer]

Yes I understand that. However for the last 5 years has regularly gone back home and seen her and his daughter. I just cannot justify cohabiting for 2 years when he has to work in the UK to provide.

They were both young when they got together so marriage was never an option. They were only engaged. Now having a child here he wants to bring them both. The daughter has a British passport, it's just the partner that has been refused.

So if they were married, what actually cohabitation would that prove? He still would not be living there as he lives and works here as he is a British citizen.

Thanks

Doesn't matter, those are the rules and they're not gonna change, why can they not marry or why can't she come on a Fiancee visa?

And why are you switching between first person and third person?

[amex88]

They can marry of course they can. They just never thought it would be an issue.
So what saying is they need to be married for her to be granted a visa?

I take it there is no other way round it? Going to upper tribunal will not help? And also does that cost?

Thanks for your replies guys.

[amex88]

Also guys, he's here with me and has told me he tried to marry over back home however they stated he needs a letter to state he is not married in the UK. Then he called the registry office here and they stated he needs to write to someone and pay for it. So at that point he left it.

So getting married is the only option? Thanks

[Wanderer]

They can marry of course they can. They just never thought it would be an issue.
So what saying is they need to be married for her to be granted a visa?

I take it there is no other way round it? Going to upper tribunal will not help? And also does that cost?

Thanks for your replies guys.

Married or engaged (and must marry within 6 months). UPV is and was always very strictly applied, there would be no leeway and to be honest this one nowhere near fulfils the criteria.

He should consider the options and act quickly, as the visa fees are going up again on the 18th March.

[noajthan]

So getting married is the only option? Thanks

Be aware the UK immigration route will cost a pretty penny & takes years to achieve the holy grail of citizenship then passport.

The cost of a letter confirming single status is next to nothing in comparison!

You will have to get your head round a relationship 'akin to marriage';
HO does not offer a long-distance relationship visa nor boyfriend/girlfriend visas.

One alternative: Take a sojourn in Europe and do Surinder Singh then return to UK under EU route.

[amex88]

Well I guess he will have to marry asap the way it should be as requested through the HO.

In saying that a friend of his has brought her husband through a married spouse visa. So he will take those steps. And yes he is fully aware of the cost of this has it is his third application.

Thanks a lot for your help guys. Really appreciate it.

[Casa]

He's been refused twice? What was the reason for the first refusal?

[amex88]

The last visa was a visitor visa and they did not accept that at all. They stated a reason to which he did not understand. He does not know. He believes they stated something about her maybe not returning to kosovo.

He will go back and get married and start from scratch as it is the best option.

[amex88]

One more question guys, would he be more likely to obtain a fiance visa if he applied? Or would the HO still need 2 years proof of living together?

Thanks

[CR001]

A fiance visa does not require proof of cohabitation.

[noajthan]

The last visa was a visitor visa and they did not accept that at all. They stated a reason to which he did not understand. He does not know. He believes they stated something about her maybe not returning to Kosovo.

He will go back and get married and start from scratch as it is the best option.

Shooting for a visitor visa in the circumstances you have outlined was a mistake.
HO doesn't entertain such requests for visit visas as they have difficulty accepting the visitor will return home in the end..