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Topic: Unmarried Partner Visa denied  (Read 5449 times)

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Re: Unmarried Partner Visa denied
« Reply #15 on: January 24, 2009, 08:25:44 PM »
I wrote in my application that we had no financial commitments together, but I was told to show that we were living together as if married, and a letter from my father backing our situation is all I could get. I also included emails showing close communication for the time that we were away. I don't know, I guess I figured that was enough. I've already got another letter from a close friend of ours that will support our partnership for many years, photos dating back 3 years, mail for her coming to my parents address, and I'm getting phone records for the time that she was away as well. If we didn't have rent or a mortgage, and we never added each other to our bank accounts, how else can I show our commitment? Serious relationships and living as if married does not require a mortgage or joint bank accounts. There are situations where, like us, we lived together under my parents home w/ no big bills, and we were in college w/o full time jobs, so why would we want a joint bank account when neither of us have much money to spend. But, as the ECO officer told me in the denial letter, the burden of proof is up to me.
Does anyone have any suggestions as to how we can show commitment on paper in nontraditional ways? I've got a couple little things and I'm hoping they will add up.


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Re: Unmarried Partner Visa denied
« Reply #16 on: January 24, 2009, 08:28:53 PM »
Do you still have the mail addressed to her at your parents' house, as well as mail addressed to you at the same address?  That might help...
UK resident since 2005, UK citizen as of 2010 due to female British parent.


Re: Unmarried Partner Visa denied
« Reply #17 on: January 24, 2009, 10:08:56 PM »

 but I was told to show that we were living together as if married, and a letter from my father backing our situation is all I could get. I also included emails showing close communication for the time that we were away. I don't know, I guess I figured that was enough.

Sorry, it's very sad, but there are many people who use nefarious means to try to get into the UK, and will get plenty of friends and relatives to write letters of support for them in that respect, so that's likely not enough.

Think of how you would live IF you were in fact married and sort of imagine how you'd go about showing that - other than a marriage certificate - and that might help with what sort of evidence you might need.



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Re: Unmarried Partner Visa denied
« Reply #18 on: January 25, 2009, 12:22:00 AM »
Think of how you would live IF you were in fact married and sort of imagine how you'd go about showing that - other than a marriage certificate - and that might help with what sort of evidence you might need.

Indeed, it can't be stressed enough - if you're in a relationship with a citizen of another country, it's vital to start documenting it from the very start, no matter what plans you might have. You never know what might happen in the future, and the UP visa is the only fallback if employment-based visas fall through and you and your partner aren't married. Hope for the best, plan for the worst.
« Last Edit: January 25, 2009, 12:25:58 AM by dboone »


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Re: Unmarried Partner Visa denied
« Reply #19 on: January 25, 2009, 09:03:47 AM »
It is likely that only type of proof that is acceptable for an UP is formal correspondence addressed to each of you if you don't have joint stuff.  So did you not have any mail from things like banks, doctors, mobile phone companies, anything?

Why are you not getting married or entering a civil partnership?  Also, take a look at it from the ECO perspective.  Getting a letter from a parent or friend while might lend some credence it wouldn't be the start and end of the proof.  I am sure your Dad and your friend would do anything for you that you asked them, which is exactly why the ECO might not take this as sole evidence.

I would also recommend professional advice for UPs.  They are seldom straightforward these days and someone like Vicky, would know exactly what it would take and if you did get denied, she knows if you could potentially fight it and how.
WARNING My thoughts and comments are entirely my own.  Especially when it comes to immigration and tax advice, I am not a professional.  My advice is to seek out professional advice.  Your mileage may vary!
Transpondia
UK Borders Agency (Official Government Site)
Office of Immigration Service Commissioner (Official Government Site)
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Re: Unmarried Partner Visa denied
« Reply #20 on: January 26, 2009, 08:55:45 AM »
Just to add, you refusal letter should point you in the direction of what would be acceptable.  If you could post the part of the letter of what evidence is accpetable, we might be able to put our thinking caps on and figure out what might also work.
WARNING My thoughts and comments are entirely my own.  Especially when it comes to immigration and tax advice, I am not a professional.  My advice is to seek out professional advice.  Your mileage may vary!
Transpondia
UK Borders Agency (Official Government Site)
Office of Immigration Service Commissioner (Official Government Site)
My Blog


Re: Unmarried Partner Visa denied
« Reply #21 on: January 26, 2009, 10:04:57 AM »
Sample unmarried partner cover letter listing high quality evidence http://www.londonelegance.com/transpondia/sil/sampleUPLetter.pdf


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UPDATE
« Reply #22 on: April 02, 2009, 08:57:39 PM »
I thought I would come back and update my status.
After my first application was denied, I thought I had a legitimate argument and proof from the Home Office's website to support me, but my appeal was denied after I sent it to Chicago. I was lucky enough for an ECM to call me and warn that once it left Chicago, it would probably take a YEAR for the tribunal in the UK to make a decision. She suggested I reapply for a different visa (one some of you on here were suggesting) while the appeal was waiting. I ended up applying under a permit-free employment application for a dependent of a UK ancestor for more than 6 months. I'm still a little confused because the information about what "permit-free employment" is on the Home Office site doesn't apply to my situation. I was told by the ECM to just apply under that and she'll make sure it goes through. But I won't be complaining because it went through and I now have a visa to join my girlfriend in the UK where I can work and live as long as she is there (which is all I was going for with the Unmarried Partner Visa in the first place). It effectively is the same thing for me, required the same evidence, and cost ~$300 compared to ~$1000, and had a quicker turnaround (15 business days compared to 50).

I'm still a little peeved over the lack of clear information on this topic (partners of UK ancestors). When I told them I contacted Worldbridge only to have the same information on the web read back to me over the phone (for $3/minute), the consulate's office said they were looking into Worldbridge's service and have been disappointed with the assistance they have given. But my only option was to complain about Worldbridge, not the fact that the Home Office sends everyone there to get their questions answered (because the consulate's office is supposedly sooo busy, however, I have differing opinions about that too...they make decisions in 10 minutes, lose paperwork, and don't bother reading all the documents, but I digress...)

So after 4 months, 2 applications, 1 appeal, $1300 in fees, and being detained at the airport for 6 hours when I went to visit, I now have my visa and am planning my trip today.

 ;D


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Re: UPDATE
« Reply #23 on: April 02, 2009, 10:12:38 PM »
(because the consulate's office is supposedly sooo busy, however, I have differing opinions about that too...they make decisions in 10 minutes, lose paperwork, and don't bother reading all the documents, but I digress...)

Differing and indeed ill-informed.


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Re: Unmarried Partner Visa denied
« Reply #24 on: April 02, 2009, 10:19:23 PM »
I don't doubt that they're busy--I think they can be incredibly busy at times, especially during certain parts of the year when people have to put through things like student and work visas and whatnot. And for the most part, I think they're pretty competent compared to other areas of the world; you'll always have someone who is sloppy, or misplaces something, or whatever, but in most cases I think they're pretty professional. And sometimes the rules are unclear, that's government for you sometimes :(

But it sounds like you got it sorted out, which is good :)
Met fiance (online): 2001
Started dating: 12/2005
Met fiance: 09/2006; 06/2007
UK Trip: 03/2008; 10/2008
Engaged: 11/2008
Married: 05/27/2009
Spousal visa app: 06/02/2009
Biometrics: 06/26/2009
Consulate received app: 07/01/2009
Approved: 07/02/2009
Moving Date: 09/04/2009

*I'm not any sort of immigration expert; I just play one on the telly*


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Re: Unmarried Partner Visa denied
« Reply #25 on: April 03, 2009, 04:13:52 AM »
I don't have any advice but I just wanted to say I'm really sorry. That sucks and I know you must be sad.






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Re: Unmarried Partner Visa denied
« Reply #26 on: April 03, 2009, 04:35:18 AM »
I don't have any advice but I just wanted to say I'm really sorry. That sucks and I know you must be sad.

Huh? He got his visa, and is all set. Happiness abounds. :D


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Re: Unmarried Partner Visa denied
« Reply #27 on: April 03, 2009, 05:01:26 AM »
Huh? He got his visa, and is all set. Happiness abounds. :D

Right, so on that note, Congrats!  Way to hang in there!   ;D








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Re: Unmarried Partner Visa denied
« Reply #28 on: April 03, 2009, 10:14:59 AM »

After my first application was denied, I thought I had a legitimate argument and proof from the Home Office's website to support me,

An appeal was NEVER going to work.


but my appeal was denied after I sent it to Chicago. I was lucky enough for an ECM to call me and warn that once it left Chicago, it would probably take a YEAR for the tribunal in the UK to make a decision.


Actually, it's nearer six months.



She suggested I reapply for a different visa (one some of you on here were suggesting) while the appeal was waiting.


That would be me:

Sounds to me like a simple case of filling out the wrong form / applying on the wrong category.

You applied as the dependent of someone present and settled.  You should have applied as the dependent of someone in the Uk as the holder of an ancestry visa.




I ended up applying under a permit-free employment application for a dependent of a UK ancestor for more than 6 months. I'm still a little confused because the information about what "permit-free employment" is on the Home Office site doesn't apply to my situation.


Yes it does.  An ancestry visa comes under the 'permit free' umbrella.




Vicky


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