Refused unmarried partner

[michellenatasha]

Sad times... We were denied as we have not lived together for 2 years ( which I do not understand ), anyway moving forward,as we were planning to get married 2017 we have been advised that maybe a marriage/fiance visa would be best.

As we have been refused when can we reapply if so whens the earliest?

Also as we have not seen each other since November and have now been refused, if we are unable to go down the Fiance route can he still come over as a tourist like he has on 2 previous occasions?

Thank you for any help

michelle

[CR001]

We were denied as we have not lived together for 2 years ( which I do not understand )

The most important aspect for an unmarried partner visa is that you and your partner 'have lived together in a relationship akin to marriage' for a minimum of two years. It is clearly written in the guidance, so not sure what you don't understand. If this requirement is not met, it is an instant refusal, there is no discretion that HO can give on this point.

A fiance visa is only valid for 6 months and you have to get married within that time and then switch to the spouse visa after marriage. If you are only planning to get married next year, you will need to plan and work out when it will be suitable for a fiance visa application.

[Casa]

He can apply for a visitor visa but it will flag up the refused Unmarried Partner visa, indicating that he wants to settle in the UK. This may make it very difficult to convince the Entry Clearance Officer that he has stronger ties in his home country than he has in the UK.

[michellenatasha]

CR001- Yes it states it there,however I unfortunately was miss informed, however what I do not understand is how can we live together if we are in different countries. When you say "switch" I guess you mean re apply ,resulting in MORE fees?

Casa- That is exactly what I thought to be honest- and not having him be detained when he is doing NOTHING WRONG!!! when you have people who OVER STAY ALL the time and seems to be fine.. If we applied for a tourist visa even though he does not need one do you think that could help?

It just seems like a conveyor belt system without the human touch which is totally understandable due to the issues that I have heard very closley about. It just seems like being a UK born and bread citizen mean nothing anymore.

Thanks

[CR001]

Unfortunately, the fees for the route your partner wishes to follow are very high. A cost for a fiance visa, then a cost after the marriage for a 2.5 year spouse visa (same cost as fiance visa plus the £500 immigration health surcharge), then an extension of the spouse visa for another 2.5 years and the visa fee and immigration health surcharge again, then 28 days before 5 years residence is met, the cost of applying for ILR which costs more than the spouse visa fee. At each step upto and including ILR, you have to meet the financial and English requirement.

To give you an indication of cost, my daughter and I came through the process : Ancestral entry clearance visa (2008) > switched in the UK to 2 year spouse visa (2010) >> ILR (2012) >>British Citizenship (2012) = total cost I have spent is £9,400 for the two of us. The fees are much more now than what they were back then.

You could of course relocated to an EU country and once married bring your partner to the EU through the EU Directive as a family member. A substantially cheaper route.

[michellenatasha]

wow.....that is crazy..

Ok so where you have stated the below is that generally for a period of time ?

You could of course relocated to an EU country and once married bring your partner to the EU through the EU Directive as a family member. A substantially cheaper route.

Thank you for your assistance

[CR001]

Yes, you would need to move 'the centre of your life' to an EU state for 3-12 months and be 'exercising treaty rights' in the EU state. You could, if all goes well and nothing changes with HO, come back to the UK on the cheaper EEA family route.

Google 'Surinder Singh route'. There is not financial or English requirement for this route. After 5 years if you come back to the UK and you are still a 'qualified person', your partner can apply for permanent residence (this route is based on current situation, it could change as gov.uk scrutinising this route).

[Wanderer]

CR001- Yes it states it there,however I unfortunately was miss informed, however what I do not understand is how can we live together if we are in different countries. When you say "switch" I guess you mean re apply ,resulting in MORE fees?

Student visa, Work Permit like we did.

There is no bf/gf visa, no country in the world has one.

[Casa]

The problem you may come against with the Surinder Singh route would be proving a 'durable relationship'...i.e that you have been living together. No EU state will issue a residence permit for a boyfriend/girlfriend/fiance relationship. It would require evidence of previous co-habitation for a reasonable period of time.