MY STORY, SOME ADVICE, SOME THANKS, & SUGGESTIONS TO OTHERS.I'm trying to keep this brief but it's a lot! Grab a cuppa and dig-in!
I just wanted to relay my experience. Hopefully it help encourage others who may be nervous about making their application. Further, if anyone has any questions about my experience and/or how it could relate to theirs, my partner and I are happy to help how we can.This was an (unmarried partner) Settlement Visa. We are a same-sex couple, and - as it says in the immigration rules from the Home Office - we are to be treated as a Spousal application, as long as we meet all requirements. (We had to prove we'd been together for at least 2 years). My partner lived most of his 40-some years in the UK (Northern Ireland) before coming to the US so we could be together. After much rangling about which visa was most appropriate for me to apply under, we discovered that my partner was only eligible for an Irish Passport. (He happens to have been born in the US, making him an automatic US citizen. His mother was born in the UK. BUT - UK mothers could only pass on citizenship to their children after 1983. Before that, only fathers could. His father is also American...). However, being that his mother was born in N. Ireland, she (and by extension my partner) are also afforded Irish citizenship. So we went that route.
We did our E-fasttrack application and took our BOX of evidence and supporting documentation to Chicago. (We figured it was best to go TO the Consulate - four hour drive - to apply, in case there were problems or questions. That way, they'd have to address them there and, heaven forbid, deny us to our faces.)
We stayed a few blocks away from the Consulate so we could walk there in the morning. We arrived 40 minutes early and had to wait in the lobby. After we were signed in, we went upstairs to wait. We had originals (or certfied copies) of everything. We brought EVERYTHING we could...extra documentation. We were OVER-prepared. In the end, the Consulate could tell we were professional, organized, and serious. There were impressed and appreciative that we had our act together. I think this helped us. Dress nicely too! Suit or "Sunday best"! Everyone else applying was dressed nice, with the exception of one woman in grubby jeans. She
did stand out. I am not a snob and understand that everyone cannot afford the best clothing. Nor do I think it should be a requirement. But it's a business-oriented world. "Dress to impress" does mean something. Thrift stores can always help...!
Anyway, we were called to the window by a very nice woman, who looked at our application and passports and told me we weren't able to apply beacuse my partner was an Irish citizen. She said that we couldn't apply based on the fact that European citizens can move about the EU, adding that EU law doesn't recognize gay couples, but the UK does. She said that if I were an EU citizen it would be different. BUT - this didn't make sense to me, because - if I were an EU citizen I wouldn't HAVE to apply for a visa! I could just come on my own...
I showed her the email I got back from the FCO telling me which application to use and the Immigration rules saying I could apply. She looked at these and still had the same response - that I didn't qualify. But after learning that my partner was from NORTHERN Ireland, she said that Parliament had changed the rules in 2002 back-dating the 1983 children of British mother's citizenship rules to 1961. My partner could apply for British citizenship and a passport! She suggested we go this route, and she would hold our application - without penalty - until we could come back.
We decided not to argue (she was being VERY nice and helpful and we didn't want to jeopardize our position, or our close-to $500 application) and look into the options presented. After some research we discovered that my partner would first have to REGISTER to become a British citizen (at least a 6 month process) before we could apply for the passport. But we only had 2 1/2 months before our move! Desperate, we emailed a few lawyer friends we had met asking advice (we could not afford a lawyer to help us make the application in the first place. BIG mistake not going that route - I would STRONGLY advise anyone who has any sort of not-straight forward application to get a solicitor - but we just absolutely could not afford it.) I had gone over EVERY rule and law, been to countless websites, contacted lawyer friends, and the FCO before making the application so that we were sure we COULD apply.
Anyway, our lawyer friends told us that the Consulate was mistaken, and that we should have been able to apply for the Visa. Further, because my partner is has Irish citizenship we had further rights - as Irish citizens have some sort of rights on parity to British citizens. (The whole commonwealth/imperial history I don't fully understand).
SO...we called the Consulate and humbly asked the woman helping us to take a second look. She agreed and asked us to email the correspondence between us, the lawyers, and the FCO. After contacting London, she emailed us back saying we COULD apply!!! So we booked a flight to Chicago and went back with our documents. After proving we had been together, that we had accommodation, adequate finances, etc. we were approved!!!
So I now have my Settlement Visa in hand!!It was a long, difficult, stressful, crazy process. It was hard work but well worth it. Any of you out there who are making the same application should absolutely try. Read EVERYTHING you can, ask hundreds of questions, and BE OVER-PREPARED. Be prepared for difficulties, and don't get discouraged. We are going to stay in contact with this site to give others insight into our process and help however we can. I have LOADS of links to websites and info I'm happy to share. Just ask!
Further, I want to give a SPECIAL THANKS to those of you on this site who offered assistance and encouragement during our ordeal. It was SOOOOOOOOOOOOOOOOO helpful and comforting to know there were people out there to offer suggestions and encouragement. These boards are priceless.Sorry... I TRIED to keep this brief, but it's a long story! Hope it helps some of you out there!
