Overstaying Partner FLR(FP)

[WattScotland4567]

Hi all, thank you for reading. I am a UK citizen, currently in my last year of studies. I met my partner whilst at university and started a relationship in October 2013. We moved in together in June 2014 and have been living together ever since. We have applied for further leave to remain, however due to incompetent lawyers and miscommunication our application has been sent back to us, and our fee of £649 refunded.

We're waiting on a reply to a reconsideration letter our solicitor has sent explaining the the fact that during our application the solicitor who was dealing with our case decided to leave the firm, and the difficulty paying the NHS surcharge due to the busy period of Christmas and New Year along with repeated crashing of the website.

In June of 2016 it will be two years since we have lived together and in October 2016 it will be 3 years since our relationship commenced. Despite having gathered quite a lot of evidence such as letters and parcels from: Amazon, Sainsburs, Western Union receipts to prove he is being sent enough money to buy essentials such as food, tenancy agreement, my bank statements, letters from close friends and family, there is no evidence of my partner being on the tenancy agreement due to him not having a bank account, or any form of identification at that point (Passport is being renewed at the moment). Although it is possible for neighbours to state that we have lived together for this amount of time.

My partner is of non European origin. One point I do feel that stands out in our application is his friend base here, who have written letters. We have also submitted pictures, of us, our friends and our cat.

It would be greatly appriciated if any of you have advice or any comments. Please feel free to ask any questions.

Thanks.

[member]

Hi all, thank you for reading. I am a UK citizen, currently in my last year of studies. I met my partner whilst at university and started a relationship in October 2013. We moved in together in June 2014 and have been living together ever since. We have applied for further leave to remain, however due to incompetent lawyers and miscommunication our application has been sent back to us, and our fee of £649 refunded.

We're waiting on a reply to a reconsideration letter our solicitor has sent explaining the the fact that during our application the solicitor who was dealing with our case decided to leave the firm, and the difficulty paying the NHS surcharge due to the busy period of Christmas and New Year along with repeated crashing of the website.

In June of 2016 it will be two years since we have lived together and in October 2016 it will be 3 years since our relationship commenced. Despite having gathered quite a lot of evidence such as letters and parcels from: Amazon, Sainsburs, Western Union receipts to prove he is being sent enough money to buy essentials such as food, tenancy agreement, my bank statements, letters from close friends and family, there is no evidence of my partner being on the tenancy agreement due to him not having a bank account, or any form of identification at that point (Passport is being renewed at the moment). Although it is possible for neighbours to state that we have lived together for this amount of time.

My partner is of non European origin. One point I do feel that stands out in our application is his friend base here, who have written letters. We have also submitted pictures, of us, our friends and our cat.

It would be greatly appriciated if any of you have advice or any comments. Please feel free to ask any questions.

Thanks.

when was the "reconsideration letter" sent to the HO?

[CR001]

What is your partners current immigration status?

What is your partners immigration history?

How long has your partner been in the UK?

What is your partners nationality?

What 'compelling reasons' have you stated to qualify and submit an FLR(FP) application? Having a 'friend base' and a girlfriend in the UK are not really compelling reasons.

It is always the applicants responsibility to ensure their application is complete and all fees and charges paid.

[Casa]

In addition to CR001's questions, there is a crucial issue that your solicitor appears to have either missed, or dismissed! In order to qualify as unmarried partners it is mandatory to submit documented evidence showing that you have lived together in a relationship 'akin to marriage' for a minimum of 24 months...and nothing less than this. Also in order to be convinced that this isn't simply a girlfriend/boyfriend relationship, or two friends 'flat' sharing, you would be expected to submit evidence of joint finances, joint tenancy or mortgage, utility bills in both names etc.
You appear to have been very poorly advised.

[WattScotland4567]

Thank you all for taking the time to read my post.
My partner is an overstayer, and entered the UK in August of 2012 on a visit visa and is of Nigerian Origin. Since June of 2014 my partner and I have lived together, however the problem is that due to him not having a bank account, a proper form of identification, it is difficult for us to prove document wise that we have lived together for this amount of time. He does receive post, e.g postcards, shopping, parcels, letters from dentist but nothing like a utility bill. However our neighbours can state that we have lived together for this amount of time.

The reconsideration letter was sent on the 29th of March and we still have not heard anything back.

[Casa]

The problem isn't simply that he lacks proof of the joint address. You're short of the 24 months required to be considered as 'unmarried partners'. Neither do you appear to have any evidence that you are anything more than friends or flat mates and there is a cat in the house.
Therefore he doesn't qualify under any category with you as the sponsor. What compelling and insurmountable reasons have you given for him not being able to return to Nigeria? Preferring life in the UK and your relationship won't cut it.
Apart from the issue of having insufficient time co-habiting to comply with the Immigraton Rules, how are you going to convince the Case Worker (or an appeal court) that you are anything more than friends or flat mates. Letters from friends and neighbours won't be sufficient.

You may want to consider how strong your FLR(FP) application is against this member's case...married but refused FLR(FP) even though his BC wife is receiving treatment for cancer and he's come to the UK to care for her.
http://www.immigrationboards.com/immigr ... 05194.html