NEED URGENT HELP! ONLY 3DAYS LEFT/REFUSAL FOR UNMARRIED PART

[Geisha]

Hi, Im looking for any advice for my situation.

I have got refusal letter for my Unmarried partner visa from HO.
The big reason was on the below which the letter said.

We need to live together more than two years in a relation ship akin to marriage. IND would expect to see evidence of cohabitation for 2years period.
I could not show any evidence to live together SEP2003 to JUNE2004.

In my situation, me and my partner have been lived together more than 3years, however we have a 15month gap to live separate from APR2003-JUL2004. I have put the cover letter why I had to live in my contry.
I put the reason I had to nurcing my grand farther.
The letter said 6months would be acceptable for good reason, but it was too long gap.

While this gap, I have visited UK to see my partner, but he didn't come to my contry at all.

In this situation we have a bit reason.
He is a travel document holder which is navy blue one with permanent status.
If he want to visit my contry, he will need visitor visa.
But we were thinking to apply visitor visa to my contry was quite difficult.

Now I have got a chance to appeal, I must to decide until 16JAN.
I have applied my Unmarried partner visa with OISC memberd company.
Now I am confusing what my adviser saids to me. She doesn't look like to have many experience to deal with appeal.
So I came here.

Also now I am thinking for new option.
I go back to my contry(my visa has been expired already) and get marriage certificate on my contry's way.
Actually, my contry's marriage system is quite easy to just sign up papers.
But for our situation, I don't know how can we prepare his berth certificate or to show his ID with his travel document.


1:Do I have any chance to win?

2:Should I use same company to appeal?

3:If I apply marrige visa just after this refusal for unmarried partner,
Will HO/embassy have more suspicious about our relation.

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If I got to appeal I am thinking to appeal these points.
*I had to care for my grand father and after he died I had to stay with my family about our contry's culture it took long month.
*While I was in my contry, he could not visit about his travel document.
(I showed to HO international phone bills which shows his mob no and date...every day!!!)
*this is invasion for his right to family life of the European Convention Human Rights. Like, he supposed to make his own family with me, however.....
*If I want to get just status to stay in UK, I would find any more easy status person, like British citizon.


Now I am really wondering which is best choice for me.

[John]

Sorry to hear about your situation. My comments are as follows, using your numbering :-

1. Unfortunately I think not. I think that the gap time of 15 months is simply too long a time. You did not even visit the UK at all during those 15 months? If not I can't see that it is possible to link the pre-April 2003 time with the post July 2004 time.
2. Up to you ..... how do they rate your chance of success?
3. No I don't think so. Indeed it confirms that your relationship has been long-term, albeit the periods of time have not been long enough for UPV.

But getting married? How, that is the problem, as you rightly realise? You can't get married in the UK because you don't have the right sort of visa, and you are clearly a not an EEA citizen. And your fiancé will have a real problem getting a visitor visa to get to your country to marry. Your country .... where by the way? Would your name of "Geisha" be a clue?

So what to do? To me the answer is obvious, assuming all the correct evidence can be submitted with the application. That is, you should go back to your country and after you get there you should submit an application for a fiancée visa. If that is granted you can then fly back to the UK, get married in the UK within the six month period of validity of that fiancée visa, then apply in the UK for a spouse visa.

What will you need when applying for a fiancée visa? Proof that the financial test is passed ..... that is proof that you will not need to claim certain Public Funds .... that the accommodation you will occupy is suitable and certainly not overcrowded ... and also "evidence of contact".

So in basic terms, does your fiancée earn enough to support the two of you? Is the accommodation the two of you have been living in OK?

By the way, what is your current visa status in the UK? What type of visa now? And any earlier visas?

Finally one last concern! Your current visa expires on Monday? Or is Monday when any appeal needs to be filed? I don't think you should plan to overstay! That will not help you get a fiancée visa in your country.

[Geisha]

What a surprise! Thank you for your quuuuuick reply.

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1:Unfortunately I think not. I think that the gap time of 15 months is simply too long a time. You did not even visit the UK at all during those 15 months? If not I can't see that it is possible to link the pre-April 2003 time with the post July 2004 time.
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So do you think I have only less chance to win from the appeal even I put those reason which I have write before?

I showed international telephone bills for evidence we have been tolked almost everyday for 15months but it was untranslated bills.
And I didnt put any this reason, I was applying a job which I could work in the UK. It took long term.

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2:Up to you ..... how do they rate your chance of success?
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She said their barrister naver failed for appeal with them, but I did't see any evidence...


My more details which you asked to me....
I had a student visa. It was expired SEP2005, but I applied Unmarried pertner visa on SEP. so I am not overstayer and never think that idea.
Before the gap I was staying with Youth exchange scherm visa.
Your guess my contry could be right. If to be any help this crue would be nice.
My appeal need to be informed to that company until 16JAN, if I proceed to use them.

By the way you recomended to me to come back with fiancee visa.
My partner is currently job seeker.
When I apply UPV, I handed out my savings, my parent's support letter, and my employment letter to show future payment. Even we didn't hand out his bank statement cos he doesn't have any account.
HO didn't mention about our money or funds.

However If I apply fiancee visa freshly, another one will consider our details from the first again.
I am worrying they will find other point from our document.
And I also worrying wether British Embassy peaple will see my partner's status properly(HO may knows much more about asylum?)


John, could tell me more advice from the information on above.
Thank you for your big help.

[John]

I had a student visa. It was expired SEP2005, but I applied Unmarried pertner visa on SEP. so I am not overstayer and never think that idea.

Can you clarify, when did you get the letter stating that your application for UPV had been rejected? I am just trying to work out when your Section 3C protection runs out. That is, I agree you are not an overstayer at the moment but stay too long and you might be.

The fiancée visa .... OK I asked if your fiancé could support the two of you. Clearly he cannot do so at the moment. But if your own finances are such that you can confirm that you will not need to claim any Public Funds, then that would probably get you passed on the financial test.

But do appreciate this! The holder of a fiancée visa is not allowed to work in the UK! That is, you would not be allowed to work until after the marriage in the UK, and following that, the spouse visa being granted in the UK.

Another aspect .... your fiancé ... when does he become eligible to apply for naturalisation as British? That is :-

He is a travel document holder which is navy blue one with permanent status.

He is a successful asylum seeker? If so, how long ago was he successful? I am just pondering this .... if he became a British Citizen then he would be allowed to travel to your country without needing a visa, then the two of you could marry there. How far away is he from becoming British?

[Geisha]

Thank you John for reply again!
Yeah, now we have many discussion with my partner and almost
we find solution to get fiancee visa.
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Can you clarify, when did you get the letter stating that your application for UPV had been rejected? I am just trying to work out when your Section 3C protection runs out.
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The statement from HO put the date on 4JAN.
I got the statement from the company on 11JAN.
How long shoud I stay in this contry untill?
Now I am planning to leave around 20-24JAN.
Is that too long??? And what is Section 3C protection?

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But do appreciate this! The holder of a fiancée visa is not allowed to work in the UK! That is, you would not be allowed to work until after the marriage in the UK, and following that, the spouse visa being granted in the UK.
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Yes, I know. This time for UMPvisa we handed out a letter from my employee to confirm to let me work, and some letters to provide he is ooking for a job. The statement from HO didnt' mention our finace,
but next time I am worrying new officer will check the point.


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He is a successful asylum seeker? If so, how long ago was he successful? I am just pondering this .... if he became a British Citizen then he would be allowed to travel to your country without needing a visa, then the two of you could marry there. How far away is he from becoming British?
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Actually this is also our probrem.
Now he has travel document, but he told me he has been devested his British pasport before, so he has got travel document somehow.
He told me if he can get any solicitor, he will get back his british pasport.
Do you know such a situation before?
I have no idea such a situation to get back it???
Is it possible to do??? And how long does it take???
He rold me he need a solicitor to help his situation.

We would like to find out his situation after my settle down in this contry.
But I don't have any time anymore.

[John]

Hi, lets firstly look at Section 3C, because it is only because of that that you are not an overstayer at the present time.

Have a read of SECTION 3C OF THE IMMIGRATION ACT 1971. In 2.1 of that you will see that :-

Its effect is to extend the leave and any conditions attached to it until 10 working days after the person receives notice of the decision.

So you say that you received notice of the rejection on 11.01.06. 10 working days after that is 25.01.06, so do ensure that you leave on or before that date.

To summarise, because of Section 3C, your student visa with its stated expiry date of last September is still "treated as continuing" until 25.01.06.

Now he has travel document, but he told me he has been devested his British passport before, so he has got travel document somehow.

Without knowing why his British Passport was taken from him it is not possible to even start to understand the problem.

Is he a successful asylum seeker? If so when was he granted that status?

[Geisha]

Thank you again, I understand how long should I stay easily.
I don't want to be a overstayner and also even my partner was worrying
wether immigration officer come to our flat to take me out(!)


And next for my partner's situation...
I think he is successful asylum seeker.
His present document is valid from 2002 for 10years.
Is there any holders not successful with that travel document?

On his document I can see the stamp for Indefinate Leave to Remain.

I heard he was taken his pasport from his any trouble(criminal?).
So it is clear that he is not an applicant first time for British pasport,
but I can't find any information from website about get back it.

He just told me that he was taken it and get back it.

[John]

Geisha, the thing that confuses me here is, as I understand it, the sort of travel document issued to your fiance is only issued if someone is not able to get a normal passport from their original country, or it is unreasonable to even ask them to apply to that country because they have now been granted asylum here in the UK.

So if he had been truely British then what is he being granted asylum from? Can I ask, where was he living before he made his journey to the UK? How did he get into the UK? Did he claim asylum on arrival? Where did he obtain the British passport that you mention?

Just trying to get my head around this!

Your situation! Are you going to apply for a fiancee visa as soon as you get back to your country? If so, usefully use your last few days here gathering evidence which you will use when you make your application. In particular document your accommodation. On what basis is it occupied? Owned? Rented? In any case, ignoring any Spam, bathroom or toilet, how many rooms exceed 50 sq feet in size? How many people will occupy the place if your visa application is successful.

In short, start building your evidence folder! If you are from Japan then this webpage could be rather helpful to you.