At first I had a residence card valid until 2021, however no more relationship between me and my former partner. From Oct 2016 I started living together with a new british partner and we have decided apply for fiance visa feb 18. As I hold a previous residence card and did not know how to proceed I searched advice and was told my residence card was considered by unmarried partner category, not Civil Union. Even I have provided this document on previous applications and asked many times about this subject.Then I gave marriage notice in the UK, have notified the HO I was not living together with my former partner, came back to Brazil and applied for a fiance visa. After all I got my fiance Visa application refused, see attached letter from HO. I was advised by an immigration Agency my Civil Union did not change my civil Status in Brazil and so I was free to marry. For that reason I did not take action on that direction.
Now I am proving the recognition and dissolution with my former partner and Civil Union with my present partner ( both made in Brazil ) and applying for a spouse Visa. ]
They mentioned I did not try to explain on a cover letter, however it was mentioned not as Civil Partner but Unmarried Partner. The HO says I did not disclose material facts. Also I did not demonstrate a dissolution for my previous relationship.
Providing a dissolution with my former partner and Civil Partner is enough ? Is there something else I could do on this application?
Please Give some advice.
" REASONS FOR REFUSAL ROA
On xx/xx/18 you made an application for entry clearance to the UK under Appendix FM to the Immigration Rules on the basis of your family life with your partner XXXXX.
Your application has been considered under those Rules, and with reference to Article 8 of the European Convention on Human Rights (ECHR). The relevant Immigration Rules can be viewed on gov.uk here: www.gov.uk/guidance/immigration-rules.
We have considered your application under paragraph EC-P.1.1. of Appendix FM. However, you do not qualify for entry clearance under the 5-year partner route for the following reasons:
Suitability
Under paragraph EC-P.1.1.(c), your application falls for refusal on grounds of suitability under Section S-EC of Appendix FM because:
You have signed the declaration on your visa application form. You have declared that all of the information you have provided is true and correct. You have also declared that you are aware that your application will be automatically refused and that you may be banned from going to the United Kingdom for 10 years if you lie or withhold relevant information.
You have provided a completed Appendix 2 with your application form. That form asks you to provide details relating to the circumstances of your relationship with your sponsor. The form also asks about your civil status. Question 1.21 asks, “Have you or your sponsor previously been married/or entered into a civil partnership?” You have answered, “No” to that question. However, that is not true or correct.
Home Office records confirm that you have previously entered into a civil partnership with a Portuguese national named TTTTT (born xxxx).
On xx/xx/15 you submitted a visa application for an EEA family permit. At the time of that application you submitted a civil partnership certificate which confirmed that you were the civil partner of TTTTT. You were subsequently issued with a six month EEA family permit valid from xx/xx/15 to xx/xx/16.
You subsequently travelled to the United Kingdom. On 10/xx/15 you submitted an application to the Home Office for a residence card as the civil partner of an EEA national. Home Office records confirm that you submitted your civil partnership certificate together with a translation confirming that you had previously entered into a civil partnership with a Portuguese national named TTTTT. You were subsequently issued with a residence document valid to xx/xx/21 on the basis of your civil partnership.
Given the above, I am satisfied that you have submitted false information or representations. I am also satisfied that you have failed to disclose material facts in relation to this application. I am mindful that you have made no attempt to clarify your civil status under separate cover. I am therefore refusing your application in accordance with paragraph S-EC.2.2. of Appendix FM of the Immigration Rules.
Eligibility
Under paragraph EC-P.1.1.(d) you do not meet all of the eligibility requirements of Section E-ECP of Appendix FM for the following reasons:
Eligibility Relationship Requirement
You meet the eligibility relationship requirement of paragraphs E-ECP.2.1. to 2.10.
You do not meet the eligibility relationship requirement of paragraphs E-ECP.2.1. to 2.10. because:
You have applied for entry clearance as the fiancé of a British national named XXXX. You state that you intend to marry at Lambeth Town Hall on 03/xx/18. However, I am not satisfied that you are free to marry your sponsor. Home Office records reveal that you have already entered into a civil partnership with a Portuguese national named TTTTT. I have seen no evidence that your previous civil partnership has been dissolved.
Appendix FM-SE of the Immigration Rules states that:
“25. The dissolution of a civil partnership in the UK must be evidenced by a final order of civil partnership dissolution from a civil court.
26. Marriages, civil partnerships or evidence of divorce or dissolution from outside the
UK must be evidenced by a reasonable equivalent to the evidence detailed in paragraphs 22 to 25, valid under the law in force in the relevant country.”
In the absence of that evidence I am not satisfied that your previous civil partnership has permanently broken down or that you are free to marry. I am also not satisfied that you were not in a civil partnership at the date of application. I am therefore not satisfied that you meet the requirements of paragraph E-ECP.2.9 (i) and (ii) of Appendix FM of the Immigration Rules. "
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