November Timeline

Yes I applied for an unmarried partner visa. How would we have lived together for two years though?

Which type of settlement visa did you apply for?

From that snippet it sounds like they thought you were applying for a Unmarried Partner visa... which requires you to have legally lived together in the same country (and the same house) for a minimum of 2 years before applying for the visa. And since you haven't lived together yet, that would have been an automatic refusal for an Unmarried Partner visa.

If you were not applying for an Unmarried Partner visa, then it shouldn't matter whether or not you' e lived together before.

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As in pictures?

Can you post the full refusal?

Yes I applied for an unmarried partner visa. How would we have lived together for two years though?

Ah, in that case, they were correct to refuse your visa, because you do not qualify for it.

Not many people can qualify for an Unmarried Partner visa, so in most cases, they either have to get married first and apply for a spousal visa, or arrange to marry in the UK and apply for a fiance visa to do so.

In order to qualify for an Unmarried Partner visa:

- you would have to have been living in the UK on a different visa (i.e. work or student visa) for at least 2 years and living with him in the UK for that time
or
- he would have to have been living in Canada on a visa (i.e. work or student visa) for at least 2 years and living with you in Canada for that time
or
- you would have to both have been living together in a third country for at least 2 years.

As you cannot qualify for an unmarried partner visa, there's no point in trying to appeal or reapply for it.

If you want to move to the UK to be with him, you're either going to have to get married, or you will need to qualify for a work or student visa.

As in pictures?

Either pictures (with names blacked out) or typed up in a post.

However, it's not really as necessary to post the refusal now, as we have established that you applied for a visa you did not qualify for.

The reason they mentioned no evidence of living together is because for an unmarried partner visa, you are required to provide 2 years of evidence of living together (rental agreements, bank statements, utility bills etc). And since you haven't lived together, unfortunately, you were never going to get the visa anyway.

Oh my goodness, PLEASE file a formal complaint against a lawyer that had you apply for an unmarried partner visa without two solid years of proof of living together.

Ugh, I'm so sorry.  Glad ksand sussed the reason though.

If you marry, you can reapply for a spouse visa.  That will be successful.  They 100% won't expect you to have lived together.

Great detective work Ksand!

Mchikwaira, I'm very sorry about your refusal.
You mentioned your lawyers a few times. Whatever you do, don't use them again as they clearly had you apply for the completely wrong visa. 

Once you have decided what to do and which visa to apply for, (spouse vs fiancee) we can help you with the application here. 

Thank you everyone. You're right. My lawyer was useless. What a waste of money and my life.

You mentioned your lawyers a few times. Whatever you do, don't use them again as they clearly had you apply for the completely wrong visa. 

Oh God, yeah. I missed that you mentioned lawyers earlier (I'm still a bit jetlagged).

What on Earth was a lawyer doing telling you to apply for an Unmarried Partner visa? At the very least, they should have stopped you from applying for it and explained that you didn't qualify.

You were never going to get an Unmarried Partner visa because it is impossible to qualify for one without having lived with your partner for a full 24 consecutive months leading up to the application date.

See, this is why I do not recommend using a lawyer, because most of them seem to have no idea what they are talking about and therefore end up giving very bad advice.... which can (and unfortunately now has) lead to a refusal.

Thank you everyone. You're right. My lawyer was useless. What a waste of money and my life.

Waste of money - yes.  But we've all wasted money on something before.  Don't be too hard on yourself.  NOT a waste of your life though.  Luckily this is easily rectified - with a bit more money.   

You'll receive a refund of the IHS fee, but will need to pay the application fee again.  As Larabee said, you and your partner need to decide if you want to marry.  And if you do, if you want to do that in the UK or US (or a third country).  Then you can apply for either a fiancé or spouse visa.

 (I'm still a bit jetlagged).

Welcome home!       

ksand, your assignment went by very quick to me!   

Welcome back!  I too am suffering from jetlag, but the wrong way.  It should be near impossible to get up in the morning but I've woken at 4:30am the last two days....   

You must get a refund from your lawyer. This is absolutely disgraceful.

Thank you. Appreciate it

Waste of money - yes.  But we've all wasted money on something before.  Don't be too hard on yourself.  NOT a waste of your life though.  Luckily this is easily rectified - with a bit more money.   

You'll receive a refund of the IHS fee, but will need to pay the application fee again.  As Larabee said, you and your partner need to decide if you want to marry.  And if you do, if you want to do that in the UK or US (or a third country).  Then you can apply for either a fiancé or spouse visa.

I doubt that will happen. My boyfriend seems livid enough to pursue it. Not sure that's exerting our energy in the right direction.

You must get a refund from your lawyer. This is absolutely disgraceful.

I guess you live and you learn.

Oh God, yeah. I missed that you mentioned lawyers earlier (I'm still a bit jetlagged).

What on Earth was a lawyer doing telling you to apply for an Unmarried Partner visa? At the very least, they should have stopped you from applying for it and explained that you didn't qualify.

You were never going to get an Unmarried Partner visa because it is impossible to qualify for one without having lived with your partner for a full 24 consecutive months leading up to the application date.

See, this is why I do not recommend using a lawyer, because most of them seem to have no idea what they are talking about and therefore end up giving very bad advice.... which can (and unfortunately now has) lead to a refusal.