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unmarried visa case laws

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Marriage | Unmarried Partners | Fiancé | Ancestry

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Janine181
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Joined: Fri Oct 25, 2013 10:55 am
Location: UK

unmarried visa case laws

Post by Janine181 » Fri Oct 25, 2013 11:16 am

I'm hoping someone will be able to help.
I have my oral hearing on Tuesday (29th Oct), and I'm desperately in need of any past appeal hearings that have been granted even though the living together for 2 years has not been met, that I can use in my hearing.
I have been in a relationship with my partner since 2009 with submitted proof of contact via Skype/MSN/phonecalls etc since then, we have a nikah marriage certificate from 15/12/2010, he has had two 6 month visa's where we lived together in UK. Proof of post for him at my address and joint utility bills since Mar 2012, joint bank acc since Aug 2012. We applied as unmarried partner visa coz I didnt think the Nikah would be recognised as legal UK marriage, but have submitted it now as proof of genuine and subsiding relationship.
I've also been to stay with him in Egypt about 12 times with proof of my passport stamps, supplied lots of photo's of me with lots of his family members when I stayed with him in the family home. No proof of bills etc there as either in his family home or renting apartments for holidays.

What else can I say to show genuine relationship, living akin to marriage to overcome only being able to show 15 months of actually living under the same roof, or will the nikah be accepted as good enough proof?

Sorry to leave so little time for replies but I'm truely hoping someone will be able to help me.

Obie
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Post by Obie » Fri Oct 25, 2013 11:32 am

Whats your nationality?

The two years cohabitation requirement is mandatory under the immigration rules.

Was your marriage conducted in Egypt, and is it recognised under Egyptian law
Smooth seas do not make skilful sailors

Janine181
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Joined: Fri Oct 25, 2013 10:55 am
Location: UK

Post by Janine181 » Fri Oct 25, 2013 11:40 am

I'm British, and the Nikah is recognised in Egypt but it has not been registered at a court thereby making it legal in the UK, but I think it is a legal form of marriage in Egypt

Obie
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Post by Obie » Fri Oct 25, 2013 11:44 am

If it was conducted in, snd legally recognised under the law of Egypt then irrespective of whether it was registered in UK court is irrelevant.

However, the 2 year requirement is mandatory.
Smooth seas do not make skilful sailors

Janine181
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Location: UK

Post by Janine181 » Fri Oct 25, 2013 11:47 am

Thanks for your replies Obie, but will it not overide the mandatory 2 years if it's seen as a marriage?

Obie
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Post by Obie » Fri Oct 25, 2013 11:49 am

It may well do, depending on the circumstances and reasons for refusal
Smooth seas do not make skilful sailors

Janine181
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Post by Janine181 » Fri Oct 25, 2013 11:59 am

The reason for refusal was the ECO said there was no evidence of a planned marriage. I replied in the appeal that we had applied as unmarried partner, there is no mention in the UKBA rules that unmarried partners have to show proof of a planned marriage/wedding,and that we had not applied for a fiance visa.
I hadn't submitted the nikah certificate because I was not applying as spouse (as it's not legal UK marriage), but applied as unmarried partner

Obie
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Ireland

Post by Obie » Fri Oct 25, 2013 12:06 pm

That does not seem to be correct.
Smooth seas do not make skilful sailors

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