Unmarried Partner Visa Refusal In NYC

New to this forum and just wanted to vent about my experience with the British Consulate in NYC. I applied for the Unmarried Partner Visa due to me and my partner being a male same-sex couple. We had been living together for nearly 3 years when my partner moved back over to the UK last November to get a job and secure a place for us. 
I understood that in order to qualify for the Unmarried Partner Visa, you have to have been cohabitating for 2 years.  I started all the necessary documentation and realized that I had no bills for 2003 for either of us.  This was due my Spring cleaning in early 2004 when I got rid of a lot old mail. My partner and I hadn't discussed living in the UK yet.  And because there was no official lease, I managed to get a certified letter from the guy we were paying rent to verifying that we had been living here in NYC for 3 years.  I also check receipts from 2003 forward showing payment. For our application, I managed to find one check stub for me, but it was for the year 2002. I figured I'd take it anyway, because somethings better than nothing (or so I thought). 
The woman at the consulate in NYC was very strict about having a utility bill, or bank statement, from 2003 regardless of the fact that I had a huge amount of other documentation (Will, joint and seperate bank statments for 2004/05, joint telephone bills etc) and didn't even ask to take a look at the other documentation to see if maybe I had something she could work with.  She also said something along the lines of "for all I know, you two could've met in the July 2004". I was hurt and angered by her comment and completely embarrassed 
She then gave me the whole application back and told me to go home and try and find something from 2003 and come back.   
What upsets me about this is the fact that I phoned the Home Office in Croydon and explained our situation a couple of months ago and told them about not having bills from 2003 but having a letter from our NYC landlord and check receipts and the woman told me that as long as we had that and mail linking us to the same address would be sufficient. Another thing that really stung was just her attitude overall. I was the first one in line and had all my documentation neatly in order (or so I thought) in plastic covers in a binder.  Because I guess I was taking too long (in her eyes) getting the documentation out, she made me get out line and put things in order from 2003-2005 and get back in line which I did (and all my documentation at that point looked like a mess because I was rushing and already nervous).
In the end, I guess I shouldn't say that my application was "refused" because it was given back to me unprocessed and I hadn't made a payment.  I hope I can still go to the UK with no problems because I'm due to see Kylie Minogue in concert next month. Does anyone know the answer to that?  Also, I don't qualify for any other visas and it looks like maybe my partner and I will have a shot with the Civil Partnership bill come December.

Sorry to hear of your bad experience. She certainly sounds unhelpful. Did you tell her what the Home Office had said? (sounds like you may not have had a chance to explain ...).  Just a thought - have you contacted any of the utility companies to se if they can give you copies of bill from 2003?  If they can then you're sorted.

*Sigh*.  Yet another reason why I support same-sex marriage.

I don't know if this is a stupid suggestion, but can you contact your bank to get old bank statements, or access them online and print them out?

I don't know if this is a stupid suggestion, but can you contact your bank to get old bank statements, or access them online and print them out?

Ditto utility statements.  Explain to the customer service rep.  Say you had a fire in the house or s/thing and now need them to be with your partner.

At the very least, the utility company(ies) should be able to provide a certified letter stating that the accounts are in both names and have been since whatever date.

Very sorry to hear about your bad experience as well! Surely your bank and utility company can provide you with back statements. There might be a small fee but I am sure they can do it for you...especially the bank...no doubt!

When you go back...if you happen to get that woman again and if she gives you trouble...nicely ask her to see a line manager. Hopefully you will get someone else!

I know you must feel really down and demoralized right now BUT if you can come up with the required docs which sounds like you can do through a little legwork you should be fine getting your visa. You may miss Kylie Minogue...but that's not the end of the world I am sure she will be back around some other time.....

Keep us posted! Best of luck to you!

Julie

Jules-

Just wanted to add a note as well--you're in my thoughts! As others have mentioned, banks and utilities and credit card companies can almost certainly give you back copies of statements.

I've saved almost every scrap of paper with our name and address on it for the last five years, just because I didn't know how much we'd need. Finally, this year I culled the pile and saved just a dozen or so from each year. I am hoping it will be enough, but I'm sure it'll be fine.

By the way, do you know about the helpline and service available from UK Lesbian and Gay Immigration group? (http://www.uklgig.org.uk/) They have a phone service and you can ring them up for specific guidance; they also have a very good and exhaustive set of documentation online for what types of documentation are needed and how everything works. Also, there is a similar posting/board service sponsored by them at gay.com: http://uk.gay.com/boards/list.php?f=15

In any case, you should have no problem going over to the UK for your concert as a tourist, but you likely will have to return to the US to get your visa. I don't think you can go to the UK as a tourist, take your documentation to Croydon, and get your visa there. But I'm no expert by any means, so you should talk to the UKLGIG lawyers to double-check.

Anyway, best of luck and let us know how it works out! I have to get my visa later this year so I'm on pins and needles about it...

-Baylor

Hi djmarek....


I can't offer much help in this department (I actually can't offer much help in any department bc this whole thing is kind of new to me and I am still in the middle of it!!), but I am keeping my fingers crossed for you and hope everything works out!!!

Keep me updated , BTW I'm in New York City too!!

Thanks guys for your reply. I can still see Kylie in London.  My application was not processed, there were no notations put in my passpprt (it was all handed back to me) and I hadn't paid the fee so there was no official refusal issued. My trip will just be for the weekend instead next month.
As far as utility bills go, back in 2003 they were in my name, my partner didn't get a US bank account until January 2004 (He always held a bank account in the UK from when he lived there previously and never changed the address). We didn't decide to get joint bank accounts until he moved back because I was supposed to join him. Same thing with the telephone (our joint telephone bill is in the UK with that address). Even if I were to get an old utility bill from 2003, it wouldn't be enough for them because it would have my name.
I was upset earlier, but I've calmed down since (with the help of my mother).  I was most upset at the fact that the lady at the Consulate treated our relationship as some sort of joke with her comment.   My partner and I face many difficulties as it is as a same sex couple and we've worked through our own difficulties as a couple. She could've kept that comment to herself.
My partner, however, is devastated. He offered to come back to the States, but he just got a good job and I would hate to see him end it.  I did some research and I discovered that the Civil Partnership bill would most likely mirror the Spousal Visa in which there will be no need for a 2 year cohabitation and Non-EU/UK partners of UK/EU partners will be eligible. So there is hope, even though it's still a few months away. I told my partner that if, at that point, there's still a problem then he can come back States.

You need to remember that the Consulate deals with scam marriages.  You can't take it personally.  You didn't have the proper documentation, so her comment about for all she knew you have only been together since July was accurate.  For all she did know, that was true, you hadn't proved otherwise. 

Did you have documentation from 2003 that tied your BF to the same address?  You say you had the utilities in your name (to that address), but you mention nothing about BF.  You need around 5 pieces of documentation that tie you to the same address per year.  Wills and whatnot are not exactly helpful, because they could have been drawn up recently and dont tell that you have been living together.  Though the woman may have not been the friendliest, if you didn't have the right documentation, there isn't much she can do. 

Get 5 pieces of something that tie you to the same address, per year, and reapply

Just a thought, but wouldn't copies of yours and bf's tax returns show you at the same address?

Dimarek, I was in a same-sex long-term relationship for about 17 years, so I understand how sometimes people don't take your relationship seriously.  In this case, however, you did not have the proper paperwork proving your relationship had lasted for two years, so based on what you wrote, I don't think her reaction was discriminatory. I think she probably would have reacted the same way if it were an opposite-sex unmarried partnership.

I wasn't there and didn't hear her tone of voice,  so it's possible she did cop an attitude.  But based on your original post, I don't see any evidence that you were being treated differently because you were a same sex couple.

You can apply for Unmarried Partner visa even on a tourist visa!!!

Have a look at:

http://www.uklgig.org.uk/Already%20in%20UK.htm#Are_there_restrictions_on_switching_visa_categories_ [nofollow]

I got a refusal too, well, actually it was like you, they just didn´t processed my visa, and I didn´t even have to pay the fee or anything. And then I went straight from the embassy to the airport and flew to the UK - I had no problem at all! And then I applied for my visa (EU Residence Permit) already in the country.
Just make sure that if you come as a tourist and decide to apply here in the UK, make sure that you send your documentation per post, because in case they suspect you are not a genuine tourist they might check your luggage, and if the find your documents, then you would be in trouble.

Good luck,

Glauco

But in order to do so:

(i) the applicant has limited leave to remain in the United Kingdom which was given in accordance with any of the provisions of these Rules;

(immigration Rules, part 8, section 1. 295(d)

Doesn't that basically means you must have obtained entry clearance first?  If this was the legal and correct way to do it, why the need to hide your documents when entering??