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Urgent help needed: refused fiance visa

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

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walio
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Urgent help needed: refused fiance visa

Post by walio » Sat Jun 11, 2016 11:55 am

I am Kim a transgender woman from the Philippines and I am engaged with a British man. We started our relationship thru an online dating last 17th of October 2015. On the 17th January 2016 (3 months after) we met in person and we lived together for almost 2 weeks, but couldn't any longer as my fiance has to comeback to UK for his job. 17th of April (6 months after) we applied for a Fiance Visa in the hope of being together in UK as it is more convenient for me to come over, than him quitting his job and moving to the Philippines. Which by the way same-sex marriage or any form of union is not recognised nor legal. 29th of April 2016, my fiance visited me again and this time he met my parents as part of our arrangements, and evidences like flight and hotel bookings were submitted for my application (for them to know that he's really coming back). I got my visa refused on the 6th of June, 2016. This is the exact details of the refusal letter.

"It is not accepted that your relationship with your partner is genuine and subsisting. Assessing ECOs are entitled to be satisfied that you are, and have been, in a genuine relationship with your sponsor before issuing you with a UK visa. You have indicated on the visa application that you personally met your sponsor on 17th January 2016 having first met online in October 2015. You submitted this application on 17th April, just three months after meeting your sponsor. As evidence of your relationship you have submitted some photos taken during your time together and printouts of some facebook conversations. It is reasonable to expect that in a genuine subsisting, supportive and affectionate relationships, there would be evidence of the development of the relationship, signs of companionship, emotional support, affection and an abiding -interest in each other's welfare and well-being over a period leading to engagement and marriage. This has not been adequately demonstrated with the evidence submitted and the haste in which you wish to be married raises concerns as to the genuineness and sustainability of the relationship and your motives. I am aware that the onus is upon you to satisfy me that you have met the Immigration Rules and it is your intentions and not those of your sponsor that are paramount in the decision making process. I have studied your application in detail and with due care, and from the evidence and statements you have made to me, I am not satisfied that there is a continuing and meaningful 'relationship with your sponsor and that any marriage will not be a marriage of convenience. I therefore am not satisfied-your relationship with your sponsor is genuine and ·subsisting or that you intend to live together permanently in the UK. I therefore refuse your application under paragraph EC-P.1.1 (d) of Appendix FM of the Immigration Rules. (E-ECP.2.6 & 2.10)

You state that you intend to get married on the 9th September 2016, yet you have provided no
evidence of this. I am not satisfied that you are seeking entry to the UK to enable your
marriage/civil partnership· to take place. I therefore refuse your· application under paragraph ·
EC-P:1.1{d) of Appendix FM bf the immigration Rules. (E-ECP.2.8)"


Immigration rules we haven't met:

E-ECP.2.6. The relationship between the applicant and their partner must be genuine and subsisting.
E-ECP.2.8. If the applicant is a fiancé(e) or proposed civil partner, they must be seeking entry to the UK to enable their marriage or civil partnership to take place.
E-ECP.2.10. The applicant and partner must intend to live together permanently in the UK.

His decision, seemed to us that the ECO did not thoroughly checked our documents. We have submitted the marriage booking/acknowledgement issued by the city council with the date, time and location of our marriage, our letters discussing our relationship, intentions and plans, approx 5000 pages of chat logs since day 1, our photos together and evidences of our holidays together (flights, hotel bookings, receipts), evidences of his expenses for me while I am in the Philippines.

We are given the right to appeal against the decision to the tribunal, however, my fiance and I are both confused if this allows us for a human rights claim (Article 8- The Right to Respect Private and Family Life), knowing he is a British citizen and settled in UK whilst I am a Filipino and still living in Philippines.

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CR001
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Re: URGENT HELP NEEDED: REFUSED FIANCE VISA

Post by CR001 » Sat Jun 11, 2016 12:22 pm

It is not necessary to post the same question/topic multiple times in different places. See Multiple Posts (click)

Someone who can or is willing to offer advice will do so. Stand by.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

noajthan
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Re: Urgent help needed: refused fiance visa

Post by noajthan » Sat Jun 11, 2016 2:05 pm

It's not clear there's a HR aspect to this as you have not yet commenced and established private/family life together.
Its also a qualified right.

More here:
https://www.liberty-human-rights.org.uk ... amily-life

And you can dig further into this vital question, here:
https://www.freemovement.org.uk/when-is ... e-engaged/

Anyway this seems to be the root cause in this case:
This has not been adequately demonstrated with the evidence submitted and the haste in which you wish to be married raises concerns as to the genuineness and sustainability of the relationship and your motives.
It seems it would have helped make a stronger case if you had developed the relationship over time before applying.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

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