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Topic: Refused an Unmarried Partners visa.... Want to reapply as Fiance'  (Read 1307 times)

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Hi Everyone,  First time poster so be kind!  ;)   Can anyone tell me if they've been granted a fiance' visa after originally applying under Unmarried Partners?  As the subject line says I was recently refused an Unmarried Partners visa, even though my British boyfriend and I have been in a relationship for 6 years! Our downfall was not having both our names on UK accounts, something that wasn't feasible or necessary at the time. (I was also refused because I was registered with a UK doctor & had an NHS number. I was told this was "accessing public funds" and that this "damaged my credibility" in my refusal letter. Can anyone verify that fact??...)  Anyway, the reason my boyfriend & I originally applied for the Unmarried Partners was because we've both been married previously & didn't want to feel pressured into a marriage. Although in the new light of day applying for a Finace' visa seems the only recourse so we can be together without one of us having to leave the other every 6 months under the visitor requirements. Has anyone ever applied for a UK visa more than once?  Kinda freaked-out here so any advice is more than welcome.... thank you!!


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Re: Refused an Unmarried Partners visa.... Want to reapply as Fiance'
« Reply #1 on: June 11, 2006, 10:09:11 PM »
hate to say it, but...if you've just been coming and going as a visitor in the UK and you've been using the NHS, it probably does count as public funds as visitors in the UK are definitely not entitled to NHS medical care (they should have charged you but sometimes they're not diligent about that stuff.)  Sucks about your refusal though- hope you have better luck with the fiance visa! :)
Now a triple citizen!

Student visa 9/06-->Int'l Grad Scheme 1/08-->FLR(M) 7/08-->ILR 6/10-->British citizenship 12/12


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Re: Refused an Unmarried Partners visa.... Want to reapply as Fiance'
« Reply #2 on: June 12, 2006, 05:52:13 AM »
My question is how did you get an NI number if you are just there on a visitor's visa?  Usually you get one through work or some sort of entitlement like being a full-time student.  I didn't think just anyone could reep NHS benefits without the right entry clearance.

My suggestion would be to research what sort of benefits you DID receive and then try and pay them back.  That way they can't say you took any money for the government & it shows that you're trying hard to follow to rules that you may not have known about in the past.

Oh, and get on each other's accounts ASAP, and have both names on your lease & bills.  That'll help a lot.
BUNAC: 9/2004 - 12/2004. Student visa: 1/2005 - 7/2005. Student visa #2: 9/2006 - 1/2008. FLR(IGS): 1/2008 - 10/2008. FLR(M): 10/2008 - 10/2010. ILR 10/2010!!

Finn, 25/12/2009; Micah, 10/08/2012


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Re: Refused an Unmarried Partners visa.... Want to reapply as Fiance'
« Reply #3 on: June 12, 2006, 05:59:17 AM »
My question is how did you get an NI number if you are just there on a visitor's visa?  Usually you get one through work or some sort of entitlement like being a full-time student.  I didn't think just anyone could reep NHS benefits without the right entry clearance.



NI and NHS are NOT the same thing.  You can have an NHS number and the right to treatment without having an NI. 
 
Love your life, poor as it is. You may perhaps have some pleasant, thrilling, glorious hours, even in a poorhouse. The setting sun is reflected from the windows of the almshouse as brightly as from the rich man’s abode; the snow melts before its doors as early in the spring. Cultivate property like a garden herb, like sage. Do not trouble yourself much to get new things, whether clothes or friends. Turn the old; return to them. Things do not change; we change. Sell your clothes and keep your thoughts…


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Re: Refused an Unmarried Partners visa.... Want to reapply as Fiance'
« Reply #4 on: June 12, 2006, 03:47:22 PM »
Okay, sorry, got my national service mixed up  :-\\\\.
BUNAC: 9/2004 - 12/2004. Student visa: 1/2005 - 7/2005. Student visa #2: 9/2006 - 1/2008. FLR(IGS): 1/2008 - 10/2008. FLR(M): 10/2008 - 10/2010. ILR 10/2010!!

Finn, 25/12/2009; Micah, 10/08/2012


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Re: Refused an Unmarried Partners visa.... Want to reapply as Fiance'
« Reply #5 on: June 12, 2006, 05:39:04 PM »
hate to say it, but...if you've just been coming and going as a visitor in the UK and you've been using the NHS, it probably does count as public funds as visitors in the UK are definitely not entitled to NHS medical care (they should have charged you but sometimes they're not diligent about that stuff.)  Sucks about your refusal though- hope you have better luck with the fiance visa! :)

Thanks again Andrea..  You seem to have your thumb on the pulse about this stuff, I appreciaite your guidance!  Do you know of anyone ever getting approved for a Fiance visa after being refused an Unmarried Partners? I'm SOO nervous about it... We're getting our ducks in a row better documentation-wise this time.


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Re: Refused an Unmarried Partners visa.... Want to reapply as Fiance'
« Reply #6 on: June 14, 2006, 12:24:55 AM »
Thanks again Andrea..  You seem to have your thumb on the pulse about this stuff, I appreciaite your guidance!  Do you know of anyone ever getting approved for a Fiance visa after being refused an Unmarried Partners? I'm SOO nervous about it... We're getting our ducks in a row better documentation-wise this time.

You may need to attempt to appeal your decision on Section 8 being compassionate circumstances...  All in all you might be better getting an advisor, like Victoria S to help you out.  Usually though where there is a will there is a way...  Has your partner/finace ever been denied entry to the US, etc that would make  the UK the only reasonable place the two of you could live?

The fiancee has a lot lower standard, but accessing public funds is a major no-no though and will make the road tough.
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!
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Re: Refused an Unmarried Partners visa.... Want to reapply as Fiance'
« Reply #7 on: June 14, 2006, 09:20:55 AM »
If you guys are now happy getting married, this is a much better option than appealing the refusal.  I can't really comment on your chances without seeing the exact wording of the refusal statement.  You can PM me if you like.

Vicky


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Re: Refused an Unmarried Partners visa.... Want to reapply as Fiance'
« Reply #8 on: June 16, 2006, 05:43:36 AM »
Hi!  I'm in a similar situation as you.  My boyfriend, who is American, just got transferred to the UK for work.  I just got refused a dependant visa because we weren't living together for 2 years and didn't have a joint bank account in the US.  I'm also curious about the fiance visa.  I quit my job to move with him to London but didn't realized it was such a difficult process.


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Re: Refused an Unmarried Partners visa.... Want to reapply as Fiance'
« Reply #9 on: June 16, 2006, 06:22:21 AM »
Hi!  I'm in a similar situation as you.  My boyfriend, who is American, just got transferred to the UK for work.  I just got refused a dependant visa because we weren't living together for 2 years and didn't have a joint bank account in the US.  I'm also curious about the fiance visa.  I quit my job to move with him to London but didn't realized it was such a difficult process.

I'm not exactly sure what your situation is.  Are you in the US or the UK?  If your bf is in the UK as a work permit holder, you can't apply for a fiancee visa as that is a visa for people marrying UK nationals or someone with ILR.  VictoriaS can set you straight on the rest but your visa may have to wait until after you get married because of his status, not yours.  You're not legally his dependent until after you're married or can show you've lived together akin to marriage for 2 years.
If you're here as a visitor with him, I hope you understand the rules regarding your stay. 


Ok Vicky, correct me if I screwed that one up!  :)
Love your life, poor as it is. You may perhaps have some pleasant, thrilling, glorious hours, even in a poorhouse. The setting sun is reflected from the windows of the almshouse as brightly as from the rich man’s abode; the snow melts before its doors as early in the spring. Cultivate property like a garden herb, like sage. Do not trouble yourself much to get new things, whether clothes or friends. Turn the old; return to them. Things do not change; we change. Sell your clothes and keep your thoughts…


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Re: Refused an Unmarried Partners visa.... Want to reapply as Fiance'
« Reply #10 on: June 16, 2006, 10:40:07 AM »
No, you have it bang on.

 ;D


Vicky


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Re: Refused an Unmarried Partners visa.... Want to reapply as Fiance'
« Reply #11 on: June 19, 2006, 05:59:04 PM »
Thanks so much for your response.  That really clears things up.  I'm in the US right now and he is a US citizen with a work permit. 


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