settlement visa for wife - previous relation breakdown

[msamkp]

Hi All

I am new here and hope you guys and girls can help me.

Bit of history

I am an Indian national currently holding UK ILR status. I was a in a living together relationship with polish national and granted 2 years unmarried spouse visa in 2011 and ILR as unmarried partner in February 2013. our relationship has broken down since then (may 2014) and I got married to my current wife in October 2014 (arranged marriage).

I recently applied for settlement visa for my wife and got rejected on grounds of no evidence for my previous relationship was broken down. I wrongly assumed since i was on ILR for more than 1 year and entitled to apply for citizenship i do not have to inform home office regarding the breakdown of my previous relationship since we we were not married.

So my queries are if you could help

1. Can I still just fill the relationship breakdown form and sent to home office to sort this ? May be with an explanation letter?

2. Will this affect my current status in UK? will I lose my ILR since the relationship broke down?

3. The agency who applied for my wife visa told me it will be better to re apply than go for a appeal once sorted ? what is your opinion?

any help will be much appreciated

Thanks in advance

[CR001]

I was a in a living together relationship with polish national and granted 2 years unmarried spouse visa in 2011 and ILR as unmarried partner in February 2013.

Are you sure? If you had an EU partner, you would have followed the EU 5 year residence card route not the UK immigration rule unmarried partner 2 year route.

You could only have followed that route if your partner was British or ILR holder.

[msamkp]

Yes I have been granted ILR after 2 years as my polish partner has been in the country for more than 5 years when we first applied for leave to remain and is classed as permanent resident under EU law

[asp]

The EEA partner route is abused by many as it is not subject to the same scrutiny as Rules based routes - so marrying a few months after splitting from your EEA partner will attract extra scrutiny.

Like CR001 I do wonder whether you bave Rules based ILR or EEA based PR. What form of ILR evidence do you have? Vignette in passport (describe the endorsement), a freestanding piece of card or a BRP smartcard?

[secret.simon]

In any case, as a unmarried partner is treated like a married partner for the purpose of grant of a visa, it stands to reason that s/he needs to demonstrate that that relationship is at an end before contracting another relationship, just as a divorce is required before contracting a second marriage.

I think a joint letter by you and your ex to the Home Office advising them of the end of your relationship on a date before your current marriage was contracted should be sufficient.

As regards the ILR itself, it seems to me that it was issued in error by the Home Office, who should have issued the document under the EEA Regulations, rather than the UK Immigration Rules. But as it seems to be a Home Office error and not deception from the OP, they are unlikely to revoke the ILR.

[msamkp]

What is the difference between free standing card and BRP? I have a residence permit card with type of permit - Settlement and remarks - Indefinite Leave to Remain.

The refusal letter says "I am satisfied you are married as claimed" And then list E ECP2. 9 as rejection reason - No ref to previous relationship has broken down permenantly

[CR001]

What is the difference between free standing card and BRP? I have a residence permit card with type of permit - Settlement and remarks - Indefinite Leave to Remain.

What do you mean by 'free standing card'?

Your ILR card is a BRP card (Biometric Residence Permit).

[msamkp]

As regards the ILR itself, it seems to me that it was issued in error by the Home Office, who should have issued the document under the EEA Regulations, rather than the UK Immigration Rules. But as it seems to be a Home Office error and not deception from the OP, they are unlikely to revoke the ILR.

I applied for ILR with the help of Citizen advice and at that time they did show me on guidelines document that if the EU national lived in UK for more than 5 years, they are classed as permanent residents for the purpose of any application regardless if they have PR document as they automatically become PR without any condition. so i am assuming under normal circumstances once the PR is issued it stands regardless of the relationship status after ?

so should I just sent a letter to home office about my previous relationship advising it is no longer valid? like asp mentioned in his post will the time frame between our split and marriage matter? should I give them an earlier date for split?

[msamkp]

What do you mean by 'free standing card'?
.

That is what i thought but ASP mentioned freestanding card in his post so i was just asking isnt that the same thing?

[msamkp]

I do appreciate all the replies and help you guys giving THANK YOU

[CR001]

What do you mean by 'free standing card'?
.

That is what i thought but ASP mentioned freestanding card in his post so i was just asking isnt that the same thing?

PR under the EEA rules is issued in a card (paper) form.

[secret.simon]

What do you mean by 'free standing card'?.

That is what i thought but ASP mentioned freestanding card in his post so i was just asking isnt that the same thing?

PR under the EEA rules is issued in a card (paper) form.

Let's not muddy matters.

I have a residence permit card with type of permit - Settlement and remarks - Indefinite Leave to Remain.

The OP has a BRP endorsed with ILR.

I think ASP meant to suggest a BRP Card or other card as opposed to a vignette in the passport.

Now reverting to the central issue, you need to prove that your previous partnership had come to an end, ideally before you got married. As I suggested, a joint letter from your former partner and you should suffice.

[CR001]

Let's not muddy matters.

The OP asked what the difference was and I was merely explaining

I think ASP meant to suggest a BRP Card or other card as opposed to a vignette in the passport.

No, ASP was referring to the difference between PR card & ILR card.

[msamkp]

thanks guys

Should i appeal or re apply once the letter has been sent? do i get some kind of confirmation or reference to submit as a proof with next application / appeal to tell them this has been done?


Sorry for being little annoying but my ILR still is not affected by this?

[secret.simon]

I think ASP meant to suggest a BRP Card or other card as opposed to a vignette in the passport.

No, ASP was referring to the difference between PR card & ILR card.

Apologies, CR001. I did not mean to offend.

Aren't PR Cards issued to non-EEA nationals also biometric? I thought only DCPR cards issued to EEA nationals were paper cards, while PR Cards (and Residence Cards) issued to non-EEA family members under the EEA Regulations were also biometric. As the OP is an Indian national, even a PR card issued to him under the EEA regulations would be a biometric card, as would one issued to him were he to have ILR under the UK Immigration Rules.

As I understand it, EEA nationals are the only ones to be issued paper documentation. Non-EEA citizens, whether under the UK Immigration Rules or the EEA Regulations, are always issued biometric cards.

To the OP: No, your ILR is not affected by this.

[noajthan]

I applied for ILR with the help of Citizen advice and at that time they did show me on guidelines document that if the EU national lived in UK for more than 5 years, they are classed as permanent residents for the purpose of any application regardless if they have PR document as they automatically become PR without any condition. so i am assuming under normal circumstances once the PR is issued it stands regardless of the relationship status after ?

so should I just sent a letter to home office about my previous relationship advising it is no longer valid? like asp mentioned in his post will the time frame between our split and marriage matter? should I give them an earlier date for split?

What's confused the picture is HO seem to have issued you with ILR in error instead of confirming PR status (with DCPR) by virtue of (previous) partner's diligent exercise of treaty rights.
Quite ironic considering how some members struggle and struggle for ILR and still fall short.

In a migration context, an unmarried partnership is a relationship 'akin to marriage'.
One can't just change Facebook status to make a previous relationship disappear.

[noajthan]

Let's not muddy matters.

Let's make the forum a bridge over troubled waters.

[msamkp]

In a migration context, an unmarried partnership is a relationship 'akin to marriage'.
One can't just change Facebook status to make a previous relationship disappear.

What you suggest then appeal or re apply once the letter has been sent? do i get some kind of confirmation or reference to submit as a proof with next application / appeal to tell them this has been done?

[noajthan]

What you suggest then appeal or re apply once the letter has been sent? do i get some kind of confirmation or reference to submit as a proof with next application / appeal to tell them this has been done?

1) I don't think you can appeal.
The obligation was on you to submit appropriate supporting evidence in the first place.
Caseworker will have decided the case on the facts, information and evidence submitted.
You got a decision based on that, as per rules/regulations.

My understanding is your option is to reapply with proof prior relationship is terminated.

2) Not if relationship broke down after you were granted settled status.
However, if it broke down before ILR was granted then there must have been some misrepresentation and suppression of material facts.

3) See #1

[Obie]

ILR was not issued in Error. The OP has already explained that he applied under the rules in place before 9th July 2012, as his then partner was settled in the UK. He was therefore entitled to the 2 years leave and settlement after that.

This was perfectly within the rules.

He is not subject to the 1971 act and not under immigration control. There is therefore no need to inform home office of break down.

He was not married but an unmarried partner. Therefore he cannot be required to show that a previous marriage or relationship has ended, for his current marriage to be valid.

I think he should appeal.

The ECO appear to have proceeded that he was previously married and entering a new marriage without proof that the previous marriage has ended.

[msamkp]

ILR was not issued in Error. The OP has already explained that he applied under the rules in place before 9th July 2012, as his then partner was settled in the UK. He was therefore entitled to the 2 years leave and settlement after that.

This was perfectly within the rules.

thanks for that Obie

He is not subject to the 1971 act and not under immigration control. There is therefore no need to inform home office of break down.

He was not married but an unmarried partner. Therefore he cannot be required to show that a previous marriage or relationship has ended, for his current marriage to be valid.

I think he should appeal.

i am not sure what 1971 act is and how am I exempted from that? how can I prove that in case of appeal / new application? and also on what basis or immigration rule do I convince them i am not required to prove a previous relationship has ended ?

on other hand is it easier to sent home office a letter advising them we are no longer together and reapply?

[msamkp]

Also should I include that I am doing this now because my wife's application got rejected?

[msamkp]

Would much appreciate your answers Guys / Girls

[msamkp]

I have typed up a letter to sent homeoffice and also a form provided on their website. should I include my wife's visa refusal in it or just leave it from the letter

[msamkp]

I have now spoke to two different lawyers who gave me completely different opinion

Company 1 in Liverpool told me that they are shocked the application was refused based on my previous unmarried relationship since i have permanent residency. They advised me to sent a letter and forms provided for relationship breakdown for married / civil partners (see link below) and re apply.

https://www.gov.uk/visas-when-you-separ ... ome-office

Another lawyer (London) told me that it is complicated and want to see me in person. I do not understand why this is so complicated once I sent the forms and letters over confirming the relationship (unmarried partner)was over before my current marriage; especially when I can get a letter confirming the same from my ex partner.

please advise on what to do. Should I sent a letter along with these forms to Homeoffice Marriage Curtailment Team and re apply?

Any help will be much appreciated