ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

Unmarried partner visa refusal without clear reasons

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, Administrator

Locked
immi123456
Newly Registered
Posts: 6
Joined: Wed May 21, 2014 2:33 pm

Unmarried partner visa refusal without clear reasons

Post by immi123456 » Thu Mar 10, 2016 1:54 am

I am sure I have submitted all the required evidences according to the Home Office check list. See section 9.8 in

https://www.gov.uk/government/uploads/s ... t_2015.pdf

The refusal letter simply states
It is stated in section 7 of your application form that your partner is a director of a limited company based in the UK and has been for 9 months. You failed to provide sufficient evidence of this employment and therefore unable to take this source of income into account.
I have written to the case worker for clarification but have not received a reply. My first financial year is only 9 months, but I have earned more than the threshold. I have spoke to UKVI before, and a staff said it would not be a problem.

The refusal letter also stated "... your human rights claim has therefore been refusal. If you believe we have made an error you can appeal to the First Tier Tribunal."

I am very sure I have provided all the required evidences, but I am not sure what is the exact reason for refusal. How should I go about making the appeal. Can I provide the Tribunal the evidences for financial requirement and explain that I have met the requirements, and the visa should not have been rejected? Is this a human rights appeal? Or should I word it differently.

User avatar
CR001
Moderator
Posts: 88952
Joined: Thu Mar 08, 2012 10:55 pm
Location: London
Mood:
South Africa

Re: Unmarried partner visa refusal without clear reasons

Post by CR001 » Thu Mar 10, 2016 8:16 am

Can you quote the refusal paragraph and what immigration number (i.e. 322(5)) they refused you on?

What documents did you submit to meet the financial requirements?

Where is your partner, abroad or in the UK?

Does your partner work?

Did you put in your application about human rights etc?
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

noajthan
Moderator
Posts: 14911
Joined: Sat Oct 25, 2014 12:31 pm
Location: UK

Re: Unmarried partner visa refusal without clear reasons

Post by noajthan » Thu Mar 10, 2016 9:10 am

immi123456 wrote:...

The refusal letter simply states
It is stated in section 7 of your application form that your partner is a director of a limited company based in the UK and has been for 9 months. You failed to provide sufficient evidence of this employment and therefore unable to take this source of income into account.
...
It seems clear the issue is more with partner's activities, not so much about yours:
... your partner is a director of a limited company based in the UK and has been for 9 months. You failed to provide sufficient evidence of this employment
All that is gold does not glitter; Not all those who wander are lost. E&OE.

Wanderer
Diamond Member
Posts: 10511
Joined: Thu Apr 21, 2005 1:46 pm
Ireland

Re: Unmarried partner visa refusal without clear reasons

Post by Wanderer » Thu Mar 10, 2016 10:04 am

Also if you are contracting an unmarried partner cannot be used for 'gifting' shares, only a bona-fide married spouse.

HMRC see that as income shifting and cold cause issues renewal/ILR time. We've seen a huge amount of tax issues lately so best to be 100% squeaky clean.
An chéad stad eile Stáisiún Uí Chonghaile....

noajthan
Moderator
Posts: 14911
Joined: Sat Oct 25, 2014 12:31 pm
Location: UK

Re: Unmarried partner visa refusal without clear reasons

Post by noajthan » Thu Mar 10, 2016 10:50 am

fyi - see HO guidance on administrative removal which may give you some insights into what is happening & where you sit in the 'process':
https://www.gov.uk/government/uploads/s ... A_v8_3.pdf
All that is gold does not glitter; Not all those who wander are lost. E&OE.

immi123456
Newly Registered
Posts: 6
Joined: Wed May 21, 2014 2:33 pm

Re: Unmarried partner visa refusal without clear reasons

Post by immi123456 » Thu Mar 10, 2016 3:38 pm

Thanks for the advice.

I am not working. I am in the UK. My student visa expired on 30 Jan 2016. I had zero income, so I am relying on my partner's income.

My partner is the sole director of a limited company. The company was incorporated in April 2015. He called up UKVI and told them, being a new company, he does not have a "last full financial year", but he was able to shorten the financial year for the visa application, and produce the annual accounts, etc. It is legal to have a financial year less than 12 months but not more than 12 months in the UK. UKVI confirmed on the phone that it will be okay as long as he met the financial requirement in the 9 months.

My visa expiry date was 30 Jan 2016. Another dilemma he had was whether to officially end the financial year on mid-Jan or 31 Jan. Ending the financial mid-month is possible, but it is better on month end from an accountant's perspective. We called UKVI and they said we can consider submitting the application later, there is a 28 days grace period. We decided to send our application on 30 Jan 2016 (so as not to overstay), with a cover letter stating we will send the annual accounts in 1 Feb. We also mentioned there will be no transactions in the last few days of Jan which will affect our income.

He provided evidences according to their checklist in Section 9.8 of

https://www.gov.uk/government/uploads/s ... t_2015.pdf

i) CT600 (print out) for the company’s last financial year (29 Apr 2015 - 31 Jan 2016), and the electronic acknowledgement from HMRC.
ii) Original evidence of registration with the Registrar of Companies at Companies House
iv) Original unaudited accounts for the last financial year (29 Apr 2015 - 31 Jan 2016), with an accountant’s certificate of confirmation
v) Stamped business bank statements (from 29 Apr 2015 - 31 Jan 2016).
vi) Original current appointment report from Companies House.
vii 3) Original proof of registration with HMRC as an employer for the purposes of PAYE (which includes PAYE reference number and Accounts Office reference).
vii 3 c i) Payslips issued in last financial year
vii 3 c ii) Personal bank statements for last financial year (from 29 Apr 2015 - 31 Jan 2016).
vii 3 d i) Dividend voucher in the required form
vii 3 d ii) Personal bank statements, same evidence for (vii 3 c ii) listed above.
vii 3 e) Dividend voucher and payslips provided above as evidence of ongoing employment




Their refusal paragraph

Decision under the 5-year Partner route

...

Eligibility

It is not accepted that you meet the eligibility requirements of paragraph R-LTRP.1.1.(c)(ii) for the following reasons.

E-LTRP.3.1 The applicant must provide specified evidence, from the sources listed in paragraph E-LTRP.3.2 of
a) a specified gross annual income of at least £18,600

It is stated in section 7 of your application form that your partner is a director of a limited company based in the UK and has been for 9 months. You failed to provide sufficient evidence of this employment and therefore unable to take this source of income into account.

Consequently, you fail to meet the eligibility requirements of paragraph R-LTP.1.1.(c).(ii) because you fail to meet paragraph E-LTRP.3.1 of Appendinx FM of the Immigration Rules
I think they might have refused it because of the 9 months financial year, even though we met the financial threshold? But we have confirmed this with UKVI on the phone, that this will be okay.

immi123456
Newly Registered
Posts: 6
Joined: Wed May 21, 2014 2:33 pm

Re: Unmarried partner visa refusal without clear reasons

Post by immi123456 » Thu Mar 10, 2016 3:43 pm

I don't remember anywhere in the form asking about human rights.

In the decision notice, they agreed we have a genuine and subsisting relationship. As I understand, for partner visa applications, because they involves family life, they can be appealed under human rights.

noajthan
Moderator
Posts: 14911
Joined: Sat Oct 25, 2014 12:31 pm
Location: UK

Re: Unmarried partner visa refusal without clear reasons

Post by noajthan » Thu Mar 10, 2016 3:46 pm

immi123456 wrote:Thanks for the advice.

I am not working. I am in the UK. My student visa expired on 30 Jan 2016. I had zero income, so I am relying on my partner's income.

My partner is the sole director of a limited company.

...

Their refusal paragraph

Decision under the 5-year Partner route

...

Eligibility

It is not accepted that you meet the eligibility requirements of paragraph R-LTRP.1.1.(c)(ii) for the following reasons.

E-LTRP.3.1 The applicant must provide specified evidence, from the sources listed in paragraph E-LTRP.3.2 of
a) a specified gross annual income of at least £18,600

It is stated in section 7 of your application form that your partner is a director of a limited company based in the UK and has been for 9 months. You failed to provide sufficient evidence of this employment and therefore unable to take this source of income into account.

Consequently, you fail to meet the eligibility requirements of paragraph R-LTP.1.1.(c).(ii) because you fail to meet paragraph E-LTRP.3.1 of Appendinx FM of the Immigration Rules
I think they might have refused it because of the 9 months financial year, even though we met the financial threshold? But we have confirmed this with UKVI on the phone, that this will be okay.
First rule of UK immigration is don't rely on HO helpline.

The letter seems quite clear - there are some sort of inadequacies in the evidence supplied for partner's income/employment so it has all been ignored;
- consequently you have failed on meeting the income requirements.
You failed to provide sufficient evidence of this employment and therefore unable to take this source of income into account.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

Wanderer
Diamond Member
Posts: 10511
Joined: Thu Apr 21, 2005 1:46 pm
Ireland

Re: Unmarried partner visa refusal without clear reasons

Post by Wanderer » Thu Mar 10, 2016 3:47 pm

The UKVI 'help line' is notorious for giving out conflicting and plain wrong advice, as was the case here.
An chéad stad eile Stáisiún Uí Chonghaile....

immi123456
Newly Registered
Posts: 6
Joined: Wed May 21, 2014 2:33 pm

Re: Unmarried partner visa refusal without clear reasons

Post by immi123456 » Thu Mar 10, 2016 3:51 pm

I am currently filling this form with First–Tier Tribunal

IAFT-5 Appeal against an in Country [Asylum/Immigration] Decision

Just a bit confused how do I fill in this section
Human Rights Decision
3. Please explain why the decision to refuse your human rights claim is unlawful under section 6 of the Human
Rights Act 1998. You should specify which article of the Human Rights Act you are appealing under.
In the refusal letter they did mention
You may appeal against the refusal of your human rights claim on the ground that the decision is unlawful under section 6 of the Human Rights Act 1998
But they did not mention which article I should be appealing under.

For reference

http://www.legislation.gov.uk/ukpga/1998/42/section/6

noajthan
Moderator
Posts: 14911
Joined: Sat Oct 25, 2014 12:31 pm
Location: UK

Re: Unmarried partner visa refusal without clear reasons

Post by noajthan » Thu Mar 10, 2016 4:02 pm

Unclear what grounds you may have under HR but this HO guidance may give you a steer:
https://www.gov.uk/government/uploads/s ... e_v3_0.pdf
All that is gold does not glitter; Not all those who wander are lost. E&OE.

Locked