# UK Accompanying Spouse (Life Partner) application



## marathoner26 (Feb 20, 2015)

I have recently attempted to apply for an accompanying life partner visa to remain in South Africa with my life partner, who is also a UK national and holds a 2-year visitor’s visa for postgraduate research. We have been partners for over 5 years and have cohabited for most of this time. We have lease agreements, joint bank account statements and all the other required documents. After applying for the visa at the South African High Commission in London, I was told that I was not eligible because the UK government only issues recognition of relationships of married couples or those in civil partnerships.

The agent who told me that I was not eligible for the visa told me I would not receive a formal rejection confirming the reason it had not been awarded, but that if I wished to have my documents returned, I must withdraw my application. I was then told they had emailed the UK Home Office for confirmation of whether the Home Office issues any official recognition of life partnerships and that I had to wait for a response to this to receive an official outcome for my application. I was told that whilst they await a response, I could go to South Africa on a tourist visa without this affecting my application. I have now joined my partner in South Africa as there was no indication of how long it would take for a response from the Home Office.

Has anyone else encountered this problem? How have you been able to resolve it? If the application is rejected, it appapparently takes 10 months to appeal. Does anyone know of another route to apply for this visa?

Thank


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## LegalMan (Dec 26, 2012)

Dear marathoner26, 

This is incredibly unusual and we have never experienced such a rejection. It is clearly stipulated under section 3 in the new regulations what a permanent homosexual or heterosexual relationship is. 
What the UK home office classifies you as is completely irrelevant. 

What was the outcome?


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## marathoner26 (Feb 20, 2015)

Hi Legalman,

Thanks for the reply. Currently it is still outstanding. I went to the SAHC in London on the date stipulated to collect the outcome, but they simply because told me I needed to give a marriage certificate. When I pointed out that I was not married and that the application was for life partners, they told me they had contacted the UK home office to find out if there was anything issued as proof of our relationship.

At no point would they issue me an official "outcome"; they told me my options were to submit a marriage certificate, wait for them to receive a response from the UK home office or withdraw my application. They told me they would not issue a rejection at the current time. 

I have no idea how to proceed with this in the meantime. Is there any route I can go down whilst in South Africa to resolve this?


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## marathoner26 (Feb 20, 2015)

This remains outstanding still. I have managed to contact the SAHC in London who have informed me they are still waiting for a response from the UK Home Office.

Does anyone know of an alternative route we can take to get an outcome?


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## LegalMan (Dec 26, 2012)

marathoner26 said:


> This remains outstanding still. I have managed to contact the SAHC in London who have informed me they are still waiting for a response from the UK Home Office.
> 
> Does anyone know of an alternative route we can take to get an outcome?


Hi Marathoner26, 

Please could you confirm exactly what you submitted at the SAHC? I would need to investigate why the SAHC felt the need to obtain such information from the Home Office. Perhaps there is a discepancy with your UK residency visa?


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## marathoner26 (Feb 20, 2015)

Hi Legalman,

We submitted everything required and more to prove our relationship. We have an affidavit and notarial agreement as well as joint bank account statements and lease agreements from the properties we have lived in together as well as some photos and flight bookings from holidays we've taken together. We also included a copy of her passport and South African visa as well as the application form, proof of financial means, medical, radiological and police certificates.

I'm not sure what you mean by discrepancy with UK residency visa though - we are both British. There aren't any discrepancies with her South African visa as far as I am aware.

They stated that they need proof of the relationship, but they're saying it needs to come from the UK government, who provide no such thing, rather than from other evidence as I've outlined above.


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## Fynbos (Jan 8, 2015)

Hi marathoner26

Firstly, I'd like to agree with Legalman that this is very unusual and quite frankly, not in accordance with the Immigration Act. SA House is notorious for being difficult and out of line, at times. More curious than this however is that we have received a Life-Partner visa from SA House since the law changed last year. I don't understand their sudden hesitation.

The fact of the matter is, if you qualify according to the South African Immigration Act for a Life Partner visa and you provide the necessary documents to prove your relationship for at least 2 years (which it sounds like you've done), there is no reason for them to question your relationship or insist on confirmation form the UK Home Office. It is only in the case of a Civil Union or Marriage that they would ever need to discuss such documents from the UK Gov.

The fact that they don't want to issue a rejection letter is also very irregular, since that is standard procedure. I would like to see what their official reasons for such a rejection would be, since there is no section in the Act that would support their claims (based on what you've told us here).
I would advise that you insist on a rejection letter and not retract your application. The question is now with regards to pressing them for an answer. I would suggest you issue them with a letter of demand, insisting on a decision in the form of an approved visa or a valid rejection letter, with reasons from the Act. In the letter you could also reiterate and quote the sections from the Act that stipulate the requirements for permanent hetero-/homosexual relationships. The letter essentially threatens them with legal action if they don't provide an outcome in due course (be sure to include a cut off date). Ideally you would want to include someone from Dept. of Home Affairs in SA in your correspondence, so that they can take note of the chaos at SA House.

Should you receive a rejection, the appeal should be launched within 10 days and it will be adjudicated on by the DHA in SA - and they would certainly not uphold a rejection based on this.


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