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Akin to marriage evidence query

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b0d
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Akin to marriage evidence query

Post by b0d » Fri Apr 29, 2016 2:00 pm

Hi

1) The "evidence" I have demonstrating my unmarried partner and I lived "akin to marriage" is in the form of an example document shown in this post which I would like commented on please.

My concern is the way the bill is addressed to myself as "C/O (my name)." The account is in my partners name.
The address is the house my partner and I rented.

My partner will have telephone bills in her name to the same address.

Can anyone suggest if this document presented here will be accepted as evidence or not? Of course it will be properly translated.

Many, many thanks.

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Re: Akin to marriage evidence query

Post by CR001 » Fri Apr 29, 2016 2:05 pm

Do you only have a bill like this and telephone bill in partners name?

You need substantial documentary evidence from various sources in either joint or individual names at the same address spanning two years.
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Re: Akin to marriage evidence query

Post by Casa » Fri Apr 29, 2016 2:09 pm

Well it would help if this example was in English! :roll:
Do you have documented evidence of at least 2 years of co-habitation, showing joint commitments that the ECO would expect to see in a relationship 'akin to marriage'? In other words, joint finances, joint tenancy or mortgage, utility bills in both names? You need to show that this isn't simply house/flat sharers or a 'boyfriend/girlfriend' relationship. How long have you actually lived together?
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Re: Akin to marriage evidence query

Post by noajthan » Fri Apr 29, 2016 2:09 pm

It seems very minimal evidence.
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Re: Akin to marriage evidence query

Post by Wanderer » Fri Apr 29, 2016 2:38 pm

This visa is a tough one to get, was tough in 2009 when we got ours and it's a lot tougher now.
An chéad stad eile Stáisiún Uí Chonghaile....

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Re: Akin to marriage evidence query

Post by b0d » Fri Apr 29, 2016 3:21 pm

Thanks all for your replies.

Lived together 7-8 years overseas, plus one years worth of visit visas in the UK.

The only other documents we have are bog-standard rental contracts from private landlords afaik are not worth the paper they are written on evidence wise as they cannot be vetted.

The address on the document I have submitted basically reads as
account number, date
partners name
c/o my name
address

Might find myself in sunny Spain then, in order to enjoy my rights as a British national to be with any woman of my choice.

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Re: Akin to marriage evidence query

Post by Casa » Fri Apr 29, 2016 3:25 pm

b0d wrote:Thanks all for your replies.

Lived together 7-8 years overseas, plus one years worth of visit visas in the UK.

The only other documents we have are bog-standard rental contracts from private landlords afaik are not worth the paper they are written on evidence wise as they cannot be vetted.

The address on the document I have submitted basically reads as
account number, date
partners name
c/o my name
address

Might find myself in sunny Spain then, in order to enjoy my rights as a British national to be with any woman of my choice.
In which case you don't qualify! 24 months of co-habitation is mandatory for an Unmarried Partner Visa. You are a long way off from meeting that and visits don't qualify towards co-habitation.
Under what grounds do you feel your girlfriend will qualify for Spanish residence?
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Re: Akin to marriage evidence query

Post by b0d » Fri Apr 29, 2016 3:37 pm

By Spain I mean the EU route.

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Re: Akin to marriage evidence query

Post by Casa » Fri Apr 29, 2016 3:43 pm

If you're intending to use the Surinder Singh route, the UK doesn't recognise unmarried partners as extended family members for SS.
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Re: Akin to marriage evidence query

Post by b0d » Fri Apr 29, 2016 3:50 pm

CR001 wrote:Do you only have a bill like this and telephone bill in partners name?

You need substantial documentary evidence from various sources in either joint or individual names at the same address spanning two years.
Various sources:

CAT Telecom (Internet) (me)
Mobile provider (partner)

This is various (more than one, different). Are you saying I need at least two different official documents and my partner also needs at least two different documents?

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Re: Akin to marriage evidence query

Post by b0d » Fri Apr 29, 2016 3:54 pm

noajthan wrote:It seems very minimal evidence.

Yes minimal as in no reason to refuse. That is different to insufficient. Words can be so cruel.

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Re: Akin to marriage evidence query

Post by Casa » Fri Apr 29, 2016 3:57 pm

'Minimal' meaning not sufficient evidence to grant an unmarried partner visa. Even more so now that you have confirmed you haven't lived together for at least 2 years.
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Re: Akin to marriage evidence query

Post by b0d » Fri Apr 29, 2016 3:58 pm

Casa wrote:
b0d wrote:Thanks all for your replies.

Lived together 7-8 years overseas, plus one years worth of visit visas in the UK.

The only other documents we have are bog-standard rental contracts from private landlords afaik are not worth the paper they are written on evidence wise as they cannot be vetted.

The address on the document I have submitted basically reads as
account number, date
partners name
c/o my name
address

Might find myself in sunny Spain then, in order to enjoy my rights as a British national to be with any woman of my choice.
In which case you don't qualify! 24 months of co-habitation is mandatory for an Unmarried Partner Visa. You are a long way off from meeting that and visits don't qualify towards co-habitation.
Under what grounds do you feel your girlfriend will qualify for Spanish residence?
Thats tough to accept considering the law regarding "defacto visa". Dont need to have an intimate relationship with anyone, just need to set up a few bills and bank accounts.

Sorry for rant.

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Re: Akin to marriage evidence query

Post by Casa » Fri Apr 29, 2016 3:59 pm

b0d wrote:
CR001 wrote:Do you only have a bill like this and telephone bill in partners name?

You need substantial documentary evidence from various sources in either joint or individual names at the same address spanning two years.
Various sources:

CAT Telecom (Internet) (me)
Mobile provider (partner)

This is various (more than one, different). Are you saying I need at least two different official documents and my partner also needs at least two different documents?
I'm not sure that you fully understand you are nowhere near to qualifying for an unmarried partner visa. This requires two continuous years of co-habitation. You don't have this! You don't 'just need to set up a few bills and bank accounts. You need to live together as if you were man and wife. FOR AT LEAST 2 YEARS.
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Re: Akin to marriage evidence query

Post by b0d » Fri Apr 29, 2016 4:02 pm

Casa wrote:'Minimal' meaning not sufficient evidence to grant an unmarried partner visa. Even more so now that you have confirmed you haven't lived together for at least 2 years.
We lived together for 9 years. As I said one year in the UK (dont tell me they dont take that into account).

We lived together oversea's for 8 years.

Where did I confirm that which you said above, please reply with my text that says this.

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Re: Akin to marriage evidence query

Post by noajthan » Fri Apr 29, 2016 4:06 pm

b0d wrote:
noajthan wrote:It seems very minimal evidence.
Yes minimal as in no reason to refuse. That is different to insufficient. Words can be so cruel.
Minimal as not enough to hurdle the bar.

HO plays hard ball with these types of requirements.
After all it's very easy to claim that a couple of flatmates or a longstanding boyfriend/girlfriend (etc) are a 'couple'.
That doesn't mean they are living 'akin to marriage' with joint plans for the future &/or children (or a cat) &/or etc etc.

The correct approach would be read up in advance on requirements for the next visa you need - and the next after that.

Then organise your life, methodically and clinically, so as to generate the necessary documentary supporting evidence that will be required later to back up any immigration-related application.

Anything else risks setting yourself up for a fall.
No proof = no visa, no residence card etc etc regardless of what happened in the real world.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

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Re: Akin to marriage evidence query

Post by Casa » Fri Apr 29, 2016 4:07 pm

OK. Apologies...I read 7-8 years as months. How long have you lived apart? You're still going to need a considerable amount of documented evidence that you've shared finances, rental or home ownership. Do you really only have a telephone bill in her name for the full 7-8 year period?
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Re: Akin to marriage evidence query

Post by Wanderer » Fri Apr 29, 2016 4:11 pm

We planned for this for our UPV, made sure we had paper joint bank statements, joint utility bills etc, in fact we are still not paperless even now, old habits die hard...

You can't really do this on a wing and a prayer, needs to be planned in advance since UKVI check and double check and assume nothing.
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Re: Akin to marriage evidence query

Post by b0d » Fri Apr 29, 2016 4:15 pm

Casa wrote:OK. Apologies...I read 7-8 years as months. How long have you lived apart? You're still going to need a considerable amount of documented evidence that you've shared finances, rental or home ownership. Do you really only have a telephone bill in her name for the full 7-8 year period?
Yeah, sorry for my tone.

We have lived apart now for 1 year, 2 months and counting. I returned to UK to meet financial requirements and it took 9 months to find a job as I was and still am ill.

So I should forget how many years we have been co-habiting and only consider that which we can demonstrate.

The telephone bills in partners name I guess run for about 3-4 years, 2 minimum.

My partner has lots of documentation but its mine that is lacking.

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Re: Akin to marriage evidence query

Post by Wanderer » Fri Apr 29, 2016 4:21 pm

b0d wrote:
Casa wrote:OK. Apologies...I read 7-8 years as months. How long have you lived apart? You're still going to need a considerable amount of documented evidence that you've shared finances, rental or home ownership. Do you really only have a telephone bill in her name for the full 7-8 year period?
Yeah, sorry for my tone.

We have lived apart now for 1 year, 2 months and counting. I returned to UK to meet financial requirements and it took 9 months to find a job as I was and still am ill.

So I should forget how many years we have been co-habiting and only consider that which we can demonstrate.

The telephone bills in partners name I guess run for about 3-4 years, 2 minimum.

My partner has lots of documentation but its mine that is lacking.
AIUI, the 2 years cohabit. has to the last two years....
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Re: Akin to marriage evidence query

Post by CR001 » Fri Apr 29, 2016 4:22 pm

We have lived apart now for 1 year, 2 months and counting
This will be your hurdle and likely reason for refusal.

The 2 years cohabitation proof is the 2 years immediately preceding the application for a visa. A bill in her name while she is not living with you won't suffice.

If you marry, then this obstacle of 2 years 'akin to marriage' is not needed.
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Re: Akin to marriage evidence query

Post by Casa » Fri Apr 29, 2016 4:23 pm

Look at this from the Entry Clearance Officers point of view. You know you lived together for more than 2 years in a relationship 'akin to marriage, but how will you convince the ECO of this with only telephone bills as evidence? :?

Edit: As CR001 has highlighted, the 1+ year living apart weakens your application further.
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Re: Akin to marriage evidence query

Post by b0d » Fri Apr 29, 2016 4:34 pm

Wanderer wrote:We planned for this for our UPV, made sure we had paper joint bank statements, joint utility bills etc, in fact we are still not paperless even now, old habits die hard...

You can't really do this on a wing and a prayer, needs to be planned in advance since UKVI check and double check and assume nothing.
Wing and a prayer yes that describes me quite well.

8 years just flew by!

Could not open bank account, no work permit (trying to open joint account didnt even enter my head).
Cannot have utility bill without work permit.

Everything was 50/50 water bills (no name, this is how they do it in thailand), electric bills (again no name), private rental contract, landlord does not declare or pay tax.

Yes Casa you are totally right.

Marriage is just printed dots arranged in a pattern on a piece of paper with a ceremony to go along with it. Lasting relationships are totally independent of this and marriage is no guarantee of one.

Marriage was conceived to allow the male to inherit/own the female’s property and to contractually own any offspring. None of which I have the slightest interest in doing.

Awesome forum btw you've all been very considerate.

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Re: Akin to marriage evidence query

Post by Casa » Fri Apr 29, 2016 4:38 pm

It's not that we're unsympathetic and to some extent I've played devil's advocate. The ECO will follow the tick box procedure of the Immigration Rules and compassion doesn't play a part. If you're against entering into a marriage on principle, you may have to face the fact that your future together may not lay in the UK.
If you decide to take a chance and submit a UPV application which then fails, you will be closing the door to successfully applying for your partners UK visitor visas after the refusal, due to the declared wish to settle.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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Re: Akin to marriage evidence query

Post by b0d » Fri Apr 29, 2016 4:51 pm

Casa wrote:It's not that we're unsympathetic and to some extent I've played devil's advocate. The ECO will follow the tick box procedure of the Immigration Rules and compassion doesn't play a part. If you're against entering into a marriage on principle, you may have to face the fact that your future together may not lay in the UK.
If you decide to take a chance and submit a UPV application which then fails, you will be closing the door to successfully applying for your partners UK visitor visas after the refusal, due to the declared wish to settle.
Of course I totally understand you are being most helpful :)

Just needed a little rant today was not directed at any of you in anyway.

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