Partner Visa granted instead of Parent Visa

[motaco88]

Hello All,

Trust you are all doing well during these trying times.

I applied to extend my leave to remain as a parent in June 2020 and last week received a decision granting me my visa. Though I am glad that my visa application was successful and that I can continue being a dad to my daughter, the visa I was granted is a 10 year partner visa.
In my application i did tell the home office that I have a new girlfriend, we do not leave together, nor are we married or engage so there for she doesn't qualify to be my partner. She is also not the mother of my child.
I was granted a leave in 2017 on a 5 year route as a parent and have spending 33 months and satisfied all requirements, I now have to go back to a 10 year route before I can apply for IFL?

The funny thing is i got an email from my caseworker stating that having a relationship with someone constitutes a relation ship and on my decision letter it now states that because do not live together for 2 year and not married she is not my partner, which is a blatant contradiction. It then goes on to say that because of my daughter (which is the reason I applied) my visa will be granted.

I have used the search bar to see if there are any other posts like this but couldn't find so thought I would start a new one. Has anyone had this experience? What are my options? is it possible to continue my parent 5 year route visa? Though i hope to to have a lasting relationship with my girlfriends, I just don't want any woman to have anything to do with my stay in the UK - this is speaking from experience.

Thank you for your anticipated help.

[Korekt]

Are you able to post the decision letter blocking out all personal details?

[motaco88]

Hello Korekt,
Thank you for your anticipated help.

A. This is what I was asked for previously when my application was still being reviewed:
2. You state on the form you do not have a partner but that you have recently started seeing someone. This constitutes a relationship. As such we need you to confirm: her full name, nationality, date of birth, when and where you met, when you entered into a relationship and if you are living together.
3. If you are living together then we need documentary evidence to show that you have been cohabiting with your partner addressed to your partner or addressed jointly to both of you.. Examples of acceptable types of documents are listed below.
4. Passport(s) for your partner, showing entry into the UK and any periods of travel outside the UK. 5. The attached partner declaration completed by your partner.

B. This is the decision letter I recieved
On {Date Removed} you submitted an application for limited leave to remain on the
basis of your family and private life in the UK.
We have decided that you do not meet the requirements for a grant of leave
under the 10-year partner route under paragraphs R-LTRP.1.1.(a), (b) and (d)
of Appendix FM because you fail to meet the definition of partner, the
Immigration Rules state:
GEN.1.2. For the purposes of this Appendix “partner” means-
(i) the applicant’s spouse;
(ii) the applicant’s civil partner;
(iii) the applicant’s fiancé(e) or proposed civil partner; or
(iv) a person who has been living together with the applicant in a relationship
akin to a marriage or civil partnership for at least two years prior to the date of
application, unless a different meaning of partner applies elsewhere in this
Appendix.
As you have not been living together for at least two years prior to the date of
application you cannot meet the above definition.
However we consider, under paragraph GEN.3.2. of Appendix FM, that there
are exceptional circumstances in your case which would render refusal a
breach of Article 8. As you have a genuine and subsisting relationship with your
daughter who is a British Citizen The Secretary of state considers it would be
unjustifiably harsh for you to be separated from your daughter
For further information please see the relevant rules on GOV.UK at:
www.gov.uk/guidance/immigration-rules.
A decision has been made in that your grant of leave is subject to a condition of
No Recourse to Public Funds because your application does not meet the
requirements of paragraph GEN.1.11A of Appendix FM of the Immigration
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Rules. Based on the evidence you provided, you have not been able to
demonstrate that you are destitute or at imminent risk of destitution, that there
are particularly compelling reasons relating to the welfare of your child because
of your low income, or there are other exceptional financial circumstances that
would require the No Recourse to Public Funds condition to not be imposed.
This means you are not entitled to receive public funds to help meet your living
and accommodation costs (or those of any dependants). In addition, your
sponsor is not entitled to claim or receive public funds on your behalf.
If you are nevertheless concerned that you are destitute or at imminent risk of
destitution, if you are concerned about the welfare of your child due to your low
income, or you believe that there are other exceptional financial circumstances
that would mean you should be granted recourse to public funds, you may wish
to consider submitting a change of conditions application to request recourse to
public funds. Details of how to do so can be found at the following link:
https://www.gov.uk/government/publicati ... nceschange.
If you have been granted less leave than applied for, and if you have paid an
Immigration Health Surcharge, you may be eligible for a partial refund of the
Immigration Health Surcharge payment made in relation to this application.
Information on the Immigration Health Surcharge can be found on GOV.UK at:
www.gov.uk/healthcare-immigration-application/overview.
What this means for you.
A Biometric Residence Permit (BRP) will be sent to you under separate cover.
We have endorsed your BRP with limited leave to remain in the United Kingdom
for 30 months.
If you have not already received it, it should reach you shortly. You should
receive your permit within 7 working days. A leaflet will accompany the permit
which will give you more information about it.
However, if you do not receive the permit within 10 working days of the date of
this letter or you find a mistake on your permit, please use the service at
www.gov.uk/brp. Alternatively, you can inform us by post providing your full
name, date of birth, nationality and contact details to the address below:

Please note that on delivery the courier will require proof of identity and a
signature to confirm receipt of the package.
You are advised not to make any travel arrangements until you have
received your BRP.
3 of 4
Employment
You may establish a business or take employment without the need to apply for
a work permit.
Public Funds
The term “public funds” is defined in paragraph 6 of the Immigration Rules.
Information on the list of public funds which you are not allowed to claim can be
found on GOV.UK at: www.gov.uk/government/publications/public-funds--
2/public-funds.
It is a condition of your stay that you must not receive any public funds. This
condition is shown on your Biometric Residence Permit as “no public funds”.
If you do claim and receive any public funds to which you are not entitled, you
will breach the conditions of your stay. Breaching the conditions of your stay is a
criminal offence under section 24 of the Immigration Act 1971. This may result
in your prosecution for that offence and/or curtailment of your leave to enter or
remain in the United Kingdom. It may also result in any future application for
further or indefinite leave to remain being refused.
However, there are some circumstances in which people who have the
condition “no public funds” recorded on their BRP may be able to receive some
public funds due to an exception. For example, there may be an agreement
between the United Kingdom and their home country.
There are also benefits which you may be entitled to receive that are based on
National Insurance contributions and are therefore not classified as noncontributory public funds.
To find out if this applies in your case, you should ask the agency or local
authority responsible for the particular fund(s).
If you have received a public fund due to an exception or because you are
entitled to it based on your National Insurance contributions, you will not be
regarded as having had recourse to public funds. Claiming and receiving any of
these benefits will not breach your conditions of stay.
Future Applications
You should apply for further leave in the prescribed manner prior to the expiry of
your current leave. Please note you must continue to meet the requirements of
the Immigration Rules, including at the time of all future applications. If you
meet the criteria set out in the Immigration Rules, you will be given a further
period of up to 30 months limited leave to remain.
Following a continuous period of lawful leave to remain in the UK of at least ten
years (120 months), and subject to meeting the requirements of the Immigration
Rules at the time, you may be eligible to apply for indefinite leave to remain in
the UK.
You must apply before the end of your authorised stay in the UK, but not more
than 28 days before completing that period. If you apply earlier than that, your
application may be refused.
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Information on making a future application can be found on GOV.UK at:
www.gov.uk/visas-immigration.
If your relationship breaks down or your circumstances change during the
period for which you have been allowed to stay, but you want to remain in the
UK, you will need to apply and qualify to stay in the UK on a different basis.
Details of how you can do this can be found on GOV.UK at the above address.
You can also seek assistance from an immigration advisor, however this is not
mandatory, and choosing to use an immigration representative would be at your
expense. If you do choose to appoint an advisor they must be registered with
the Office of Immigration Services Commissioner (OISC) or be a qualified
solicitor registered with the Law Society – details will be on the respective
websites.
If you have any questions about this letter, please access the information on
GOV.UK at: www.gov.uk/uk-visas-immigration.
Yours sincerely,

[Korekt]

Hello Korekt,
Thank you for your anticipated help.

A. This is what I was asked for previously when my application was still being reviewed:
2. You state on the form you do not have a partner but that you have recently started seeing someone. This constitutes a relationship. As such we need you to confirm: her full name, nationality, date of birth, when and where you met, when you entered into a relationship and if you are living together.
3. If you are living together then we need documentary evidence to show that you have been cohabiting with your partner addressed to your partner or addressed jointly to both of you.. Examples of acceptable types of documents are listed below.
4. Passport(s) for your partner, showing entry into the UK and any periods of travel outside the UK. 5. The attached partner declaration completed by your partner.

This is probably because of

E-LTRPT.2.3 (a) or (b) (iii)

(a) the applicant must have sole parental responsibility for the child or the child normally lives with the applicant and not their other parent (who is a British Citizen or settled in the UK), and the applicant must not be eligible to apply for leave to remain as a partner under this Appendix; or
(b) the parent or carer with whom the child normally lives must be-
(i) a British Citizen in the UK or settled in the UK;
(ii) not the partner of the applicant (which here includes a person who has been in a relationship with the applicant for less than two years prior to the date of application); and
(iii) the applicant must not be eligible to apply for leave to remain as a partner under this Appendix.

Emphasis mine.

As you have not been living together for at least two years prior to the date of
application you cannot meet the above definition.

This may indicate that you do not fall foul of E-LTRPT.2.3 (a) or (b) (iii).

[Korekt]

I haven't been able to see from what's on here that you were granted a 10-year partner visa as you stated in your initial post.

Did you meet the financial, accommodation and English language requirements under the parent route?

[Korekt]

Although under the heading of 'Financial requirements' in this part of the Rules, the requirement is actually adequate maintenance.

[motaco88]

I did not apply as a partner or spouse, i applied as a parent so my concern is why i was assessed first as a partner and not a parent. In hindsight maybe i shouldn't have mentioned having a relationship but being honest and open now seems to have done me more wrong than good.

This is a renewal of my parent visa and I satisfy all financial, English, and accommodation requirements. The heading of document was 'Grant of Leave to Remain - Ten Year Partner Route'.

I want to email the team back and ask but want to do so in an informed manner if at all necessary.

[Alexis19999]

I did not apply as a partner or spouse, i applied as a parent so my concern is why i was assessed first as a partner and not a parent. In hindsight maybe i shouldn't have mentioned having a relationship but being honest and open now seems to have done me more wrong than good.

This is a renewal of my parent visa and I satisfy all financial, English, and accommodation requirements. The heading of document was 'Grant of Leave to Remain - Ten Year Partner Route'.

I want to email the team back and ask but want to do so in an informed manner if at all necessary.

You can write them back and request for a reconsideration. You can Google what reconsideration request is all about so you will know how to detailed your letter.
Reconsideration request is always in hand writing not typed and you have to send it to them within 14days when the initial decision was made.
You need to state the reasons why you think there is a mistake in their decision and quote the appropriate paragraph that's suit your application.

[Korekt]

I did not apply as a partner or spouse, i applied as a parent so my concern is why i was assessed first as a partner and not a parent.

They are not infallible.

The spouse issue may have come up because of what you put in the application. So it appears they wanted to satisfy themselves that you didn't have the option of applying as a partner with regards to the relevant requirements of the parent route which I've highlighted above. And it appears they did.

[Korekt]

I want to email the team back and ask but want to do so in an informed manner if at all necessary.

Request a reconsideration asking them to outline why the application wasn't granted in line with D-LTRPT.1.1.

[Korekt]

They are not infallible.

This thread may be of interest to you.

[motaco88]

Thank you for the advice.

Would there be any negative consequences on the decision they have already taken?

[Korekt]

Very unlikely.

[motaco88]

Very unlikely.

Thank you. I have sent an email as it worked in the thread you sent me. If no response, I will do the reconsideration next week.

I will update this thread when i hear something back

[motaco88]

Morning,

This is what I got back:
"
You applied for Leave to Remain on the Parent route, however as you have a Partner you have the be considered primarily on the Partner route. The Gov.uk website and published Guidance confirms the following:

The parent route is not for couples who are in a genuine and subsisting partner relationship. An applicant cannot meet the parent route if they are or will be eligible to apply under the partner route, including where for example the definition of partner cannot be met, or other eligibility criteria for access to a 5-year route are not met. Applicants in this position must apply or will only be considered (where they are not required to make a valid application), under the partner route, or under the private life route.


"

Seems like I am check mated here. I read this guindance as making the parents of the child and not another person. This is so messed up to be honest. From needs 2.5 years for Indefinit to 10 years is a big blow.
I do have grounds for an admin review but not sure that will lead to much.
Whats your take?

[vinny]

I cannot see how they may consider a girlfriend, who is not living together with you, as a partner under Appendix FM. In what different meaning of partner elsewhere in this Appendix does she satisfy GEN.1.2.?

[motaco88]

I cannot see how they may consider a girlfriend, who is not living together with you, as a partner under Appendix FM. In what different meaning of partner elsewhere in this Appendix does she satisfy GEN.1.2.?

I am quite confused myself.

I read the full guidance and at best it is open to interpretation and not hard fact:

For both entry clearance and leave to remain applications as a parent, if the child
normally lives with their other British citizen or settled parent or carer, that person
cannot be the partner of the applicant (which for leave to remain includes a person
who has been in a relationship with the applicant for less than 2 years prior to the
date of application) and the applicant must not be eligible to apply for entry clearance
or leave to remain as a partner under Appendix FM.
Page 35 of 95 Published for Home Office staff on 16 October 2020
The parent route is not for couples who are in a genuine and subsisting partner
relationship. An applicant cannot meet the parent route if they are or will be eligible
to apply under the partner route, including where for example the definition of partner
cannot be met, or other eligibility criteria for access to a 5-year route are not met.
Applicants in this position must apply or will only be considered (where they are not
required to make a valid application), under the partner route, or under the private
life route.
This https://assets.publishing.service.gov.u ... v11ext.pdf published in Oct 2020

[ssasi2020]

"The parent route is not for couples who are in a genuine and subsisting partner relationship. An applicant cannot meet the parent route if they are or will be eligible to apply under the partner route".

wow, that is so unfair! You are not in subsisting relationship with child's other parent. So you should be able to extend your parent route.
If you are in new relationship then that shouldn't come on the way of parent route. Well, thats what i thought was the case. But after seeing this, they will penalise for being in the new relationship. Shocking! And doesn't seem right. You definitely should seek to challenge ukvi on this.

[Korekt]

It does seem they have gone for a loophole here. It does appear they did not even consider your application on the parent route after getting wind of this 'relationship'.

Still unclear to me what from the rules as they are currently in the parent route you did not meet.

[motaco88]

Thank you all for your input.

Thats what I get for being honest, such a shame. Its like they try to encourage people to play the system instead of embracing honesty.

I think I am going to donthe administrative review, I am only hesitant because I hope it has no negative ramifications. Might consider a lawyer at this point too, yet another expense I wasn't hoping for

[vinny]

Is your "girlfriend" settled or British or a refugee, etc.? What evidence did you provide that she was more than a friend who is a girl?

E-LTRPT.2.3.

Either-

(a) the applicant must have sole parental responsibility for the child or the child normally lives with the applicant and not their other parent (who is a British Citizen or settled in the UK), and the applicant must not be eligible to apply for leave to remain as a partner under this Appendix; or
(b) the parent or carer with whom the child normally lives must be-
(i) a British Citizen in the UK or settled in the UK;
(ii) not the partner of the applicant (which here includes a person who has been in a relationship with the applicant for less than two years prior to the date of application); and
(iii) the applicant must not be eligible to apply for leave to remain as a partner under this Appendix.

I think they had considered that you satisfied the relationship requirements as partner and granted leave to remain under the 10-year partner route; by default, making you eligible to apply for leave as a partner.

I think a problem is GEN.1.2

(iv) a person who has been living together with the applicant in a relationship akin to a marriage or civil partnership for at least two years prior to the date of application, unless a different meaning of partner applies elsewhere in this Appendix.

Where

a different meaning of partner applies elsewhere in this Appendix

which, under E-LTRPT.2.3.(b)(ii) includes

a person who has been in a relationship with the applicant for less than two years prior to the date of application

Note:

(2) A person who satisfies the definition in GEN 1.2 should, as a general matter, be regarded as being a partner for the purposes of Part 5A, Where, however, a person does not fall within that definition, the judge will need to undertake a broad evaluative assessment of the relationship, bearing in mind that a "partner" is a person to whom one has a genuine emotional attachment, of the same basic kind as one sees between spouses and civil partners, albeit not necessarily characterised by present cohabitation. A "partner" is not the same as a friend; nor is an adolescent's or other young person's boyfriend or girlfriend necessarily a "partner".

See also Is the appellant a partner? (47-78) and other caselaws. I wonder if an application as a partner would have succeeded had you not been eligible as a parent? Probably no. The different meaning of partner seems particularly targeted at holders of leave as parent.

Holders of leave as a parent should be warned that any relationships with an eligible sponsor under Appendix FM may put the leave as a parent at risk.

[motaco88]

She is British and I mentioned that I am seeing someone which the caseworker then termed as a relationship and as such she is my partner. He then asked for her passport and stuff.

I have been reading the GEN and it is vague enough to be used either way.
I don't see why a relationship with a woman will carry more weight than a fathers relationship with his child. Especially as I have been so active in my daughters life. Everything I do is because of here. I moved out of a flat and even bought a house with a garden for the sole purpose of my daughter having space to play in.
Having to weight 10 years and rely on a woman, no disrespect but you hear all the horrible stories of women using visas as threats or ransom is a tough pill to swallow. Hopefully the lady in question is of much better character and I just have to be be super nice as my balls her in a vice.

[motaco88]

Yes you are right, mentioning a girlfriend relationship who is a BIG NO!!!

[motaco88]

Yes you are right, mentioning a girlfriend relationship who is not the mother of your child is a BIG NO!!!

[vinny]

If you have not been living together, then how did they conclude

E-LTRP.1.10.

The applicant and their partner must intend to live together permanently in the UK and, in any application for further leave to remain as a partner (except where the applicant is in the UK as a fiancé(e) or proposed civil partner) and in any application for indefinite leave to remain as a partner, the applicant must provide evidence that, since entry clearance as a partner was granted under paragraph D-ECP1.1. or since the last grant of limited leave to remain as a partner, the applicant and their partner have lived together in the UK or there is good reason, consistent with a continuing intention to live together permanently in the UK, for any period in which they have not done so.

is satisfied?