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Visa denied! HELP!

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cissarego
Newly Registered
Posts: 21
Joined: Sat May 26, 2012 9:18 pm
Location: Brasil

Visa denied! HELP!

Post by cissarego » Thu Apr 04, 2013 7:42 pm

In july 1st 2012 I applied for a fiancee visa for the UK wich it was granted.
At that time, the immigration rules did not have changed yet so the basic income demanded by the border agency was 13 grand a year from my partner.
Her name is Leanne, she is British and 26 years old. Im Brazilian, 27 years old.
In the application, we sent all documents required and they asked more than once if I would stay in the UK after my civil partnership is done. We said I would stay in the country. When I arrived in the UK, at the airport, once again the border agent asked me if I would stay in the UK and again I said I would.
At the UK border agency website, it is clearly stated that, if I apply for a fiance visa before the changing of rules,which happened 9th of july, I would be subject to the old rule when I need to either extend my visa or apply for settlement.
So, within the time limit, after we had our civil partnership done, I applied for the FLM visa so I could legally get a job and carry on with our lives as a normal couple.

However, today I received the letter from the UK border agency saying that my visa was denied because my partner incomes doesn't meet the demands for the visa. The problem is, they used the new rules to judge our case. According to the old rules, her incomes would be enough so, when we applied to the new visa, we had no worries because we were sure, as its stated on the UKBA website, that we would be judged by the old rules.

We have a home, and all out maintenance expenses are covered. She has a job for more than a year and I sent all evidences that I have ways to get a job in no time since I have graduations and etc.

So the only thing that comes to my mind is discrimination. I wonder if it was a straight couple, if they would have made this mistake.

We will apply for the appeal and I need any help I can get. Is there anything I can do to try and show that this is nothing more than discrimination?

Thank you!

Greenie
Respected Guru
Posts: 7374
Joined: Thu Aug 21, 2008 9:45 pm
United Kingdom

Post by Greenie » Thu Apr 04, 2013 7:57 pm

Its a clear mistake, one which has been made for straight couples too, its not discrimination. The appeal should be straightforward as long as you meet the requirements of the rules under part 8. I say this assuming you applied for and were issued with a proposed civil partner visa, not a marriage visitor visa.

cissarego
Newly Registered
Posts: 21
Joined: Sat May 26, 2012 9:18 pm
Location: Brasil

Post by cissarego » Thu Apr 04, 2013 8:25 pm

Greenie wrote:Its a clear mistake, one which has been made for straight couples too, its not discrimination. The appeal should be straightforward as long as you meet the requirements of the rules under part 8. I say this assuming you applied for and were issued with a proposed civil partner visa, not a marriage visitor visa.
Yes. It was de Fiance(e) or Proposed Civil Partner Visa.
We do meet the requirements for the rules before the 9th of July 2012. That's why we had no worries at all when we sent out the documents for the FLM(R). It says clearly on the UKBA website and on the visa form, that if you applied to enter the country before 8th of july you're subject to the old rules in case you wish to extend your visa or apply for settlement.

My appeal deadline is April 16th. I'm contacting a solicitor tomorrow morning and hopefully everything will be fine.

Does anyone have any tips about what I should do?

Thank you!!!

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