fiance or marriage??

[bunnygail]

My partner and i have been refused his leave to remain in the country after 10yrs of a relationship. HE has overstayed 11yrs in the uk due to his family connections here and the fact his home country is a violent place which is st.kitts - We have provided 10yrs worth of emails, whatsaspp, photos from holidays, bookings for holidays in the uk, we do not live together as we have explained that i work shifts and he would be very isolated living here when i am not here so when i am at work he goes to his family and stays there......our big mistake we have found now is that i didnt put him on the bills at my home but he has no passport as it was lost and this we found difficult. Home office said they do not know when he entered the country even tho we provided tickets and receipt of his flight into the uk......The home office do not believe we are in a sustained relationship, but if they had actually read the conversations they would know that............They have said we can appeal once has has left the UK.........he has no family back in st kitts all his family are in the UK he has no home and no connections there at all now. He is also worried as it is a very gang afflicted area he comes from and fears for his safety on his return. (our lawyer told us not to mention this) which now we are angry about. They did not tell us that we have to prove that he had not ties to St.Kitts and no where to live there etc.....

My question is once he leaves: are we best to go for a fiance visa or spouse visa - I pass all the criteria ref finances.........But i am concerned we will be turned down on his overstay..........altho i am told they can not use that alone (but i dont know) if i go out to get married which is what we want will they look and think we have just done that to get him back when it is a genuine relationship. Also this way cuts the cost down as he can come back in and be able to work......My partner seems to think that me going out to get married and apply for spouse visa is the strongest option. Any advice welcome..............we just think out lawyer has ripped us off and now doesnt seem to want to help us.

[CR001]

What application for 'leave to remain' did he submit?? Was it FLR(M) Unmarried Partner visa, FLR(FP) Partner route or ......??

To qualify (potentially) as an unmarried partner, HO isn't interested in your whatsapp chats and holiday pics. HO want to see rock solid evidence of a committed relationship for a minimum of 2 years 'akin to marriage', meaning joint financial commitments and shared responsibilities etc. This is a mandatory requirement and there is no discretion on this point.

St Kitts is not listed as a 'dangerous' country (compared to many others) by the UK either.

https://www.gov.uk/foreign-travel-advic ... -and-nevis

[bunnygail]

our lawyer submitted an application under article 8 - special circumstances..........St kitts is not a dangerous country compared to others - but my partner was witness to a shooting/murder about 11 years ago hence why he has not returned also...............hence a danger for his return it places him at risk - he has letters to validate this but our lawyer told us not to use it...........he does have a friend in the UK who claimed asylum based on the grounds an attempt was taken on his life in St. kitts and has been given leave to remain. My partner has no criminal record at all - the only thing that would go against us would be the overstay - on every other grounds we qualify - I am now trying to get his name on bills before he leaves the country.