# Unmarried partner visa refused. Advice and questions about appeal.



## drumcv10 (Aug 2, 2014)

Hello everyone,

I’ve just been refused entry clearance for an unmarried partner visa and am looking for some advice on the appeal.

I am American and my girlfriend is British. We have been together for 6 years. We have been living together in various places for the majority of this time, and definitely within the last two years. We have a flat in both our names in London, joint bank accounts, etc. etc. What I find the most frustrating is that I had to leave the UK in order to apply, but because I left our application was refused! My previous visa, which was a tourist visa, ran out in early March 2014, so I left on February 25 just to be safe. I didn’t want to overstay and cause problems. I think we got some bad advice from our lawyer who was dragging his feet and telling us to take our time putting our evidence together so that we could build a strong case. He also felt that since I had been there on a tourist visa that we should not apply right away and that I should spend some time out of the UK first. This obviously turned out to be horrible advice as our application was refused for that very reason.

Here is what the refusal letter said: 

“In order to qualify for entry clearance as the unmarried partner of a British Citizen you would need to demonstrate that both parties have been living together in a relationship akin to marriage or civil partnership which has subsisted for two years or more. On your visa application form you stated that you last saw your partner on 25 February 2014 and have kept in touch via phone, text, email and Skype. Although you have provided evidence of you relationship akin to marriage since 13 July 2009, for which there is no reason to doubt the relationship, the evidence provided demonstrates that you have not lived together since you last saw your spouse on 25 February 2014. This would show that you have not lived together in a relationship akin to marriage for 2 years prior to the date of application and therefore you do [not] meet the requirements to be issued entry clearance. I therefore refuse your application under paragraph EC-P.1.1(d) of Appendix FM of the Immigration Rules. (E-ECP .2.5)”

So now we have to move on to the appeal. My main question is, as I don’t have to send my passport away to appeal, can I go to the UK now to see my girlfriend, as we haven’t seen each other in 5 months? Also, can I go to the oral hearing? The wording on the form only mentions the sponsor and/or representative but also doesn’t say that I CAN’T attend the hearing in person. I’m nervous about getting turned away at the border and making this whole situation worse.

Any advice would be greatly appreciated.


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## Mils (Mar 2, 2014)

If most of the time together you are counting has one of you on a tourist visa, that time doesn't count. Because the person on the tourist visa isn't a resident.


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## drumcv10 (Aug 2, 2014)

I appreciate your response, but that doesn't really make any sense. It's a complete Catch 22. You have to live together to get a visa, but you have to have a visa to live together?

They didn't seem to have any problem with the fact that I was there on a tourist visa. The letter specifically notes that we're been refused because I'm back in the States while my girlfriend has been in the UK for the last few months.


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## nyclon (Apr 3, 2011)

Most prove unmarried partnership by living together in each other's countries or a 3rd country through other visas like work or student.

Your chances of being admitted on a visit visa are slim now that you've been refused a visa. Your refusal will be in the system. Once you've been refused a visa, it's strongly recommended that you apply for a visit visa in advance. You'll have to prove strong ties to your home country like work or school to return to, rent or mortgage to pay. As you've been living in the UK on visit visas and had a visa refused, it's going to raise red flags that your trying to enter the UK to live without a proper visa.


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## salix (Apr 27, 2014)

No that's correct. Time spent together on a tourist visa does not count towards the two years. It is only counted as "visiting".

If you were on something like a tourist or work visa and living together during that time, it would be different. Were you always on a visitor visa? They are limited in duration and length of visits per year.


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## Crawford (Jan 23, 2011)

drumcv10 said:


> I appreciate your response, but that doesn't really make any sense. It's a complete Catch 22. You have to live together to get a visa, but you have to have a visa to live together?
> 
> They didn't seem to have any problem with the fact that I was there on a tourist visa. The letter specifically notes that we're been refused because I'm back in the States while my girlfriend has been in the UK for the last few months.


It makes perfect sense. You left the country because your VISITOR visa ran out. 

You were not in the country because you lived in the UK you were merely visiting. Co-habiting with someone while on a visitor visa does not qualify you as living with them because you do not have a residency permit. Your living together in various other places is also irrelevant.

Put it like this - I could go and visit with a friend in France for 6 months - however that does not qualify me as a resident. As far as immigration is concerned I'm a visitor and that is what you were.

Bad wording in the letter also.

I would not bother to appeal. Why don't you just get married which would enable you to live permanently in the UK with a spouse visa?


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## salix (Apr 27, 2014)

salix said:


> No that's correct. Time spent together on a tourist visa does not count towards the two years. It is only counted as "visiting".
> 
> If you were on something like a *tourist* or work visa and living together during that time, it would be different. Were you always on a visitor visa? They are limited in duration and length of visits per year.


Sorry, meant to say *"student"*.


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## drumcv10 (Aug 2, 2014)

Thank you, everyone, for all of your responses. After reading all of this and some other forums I think we'll probably forget about the appeal and get married.

Do you think it's very unlikely I could even go back to the UK any time soon just for a true visit so that we can make plans? Isn't it true that I could get banned?


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## nyclon (Apr 3, 2011)

As I already pointed out your chances of being refused entry are pretty high. Since you have a visa refusal on your record now you should apply for a visa in advance of any future trips to the UK. However, as you've already spent quite a significant amount of time in the UK as a visitor and tried to use that time to qualify for an unmarried partner visa, alarm bells will be going off and it's quite possible that you you'll be refused as they can think that you are trying to live in the UK without an appropriate visa. 

One option is marry in the US and then apply for a spouse visa. Postal applications have been taking 3-4 months and priority applications at least 3-4 weeks. However, as you now have a refusal on your record, any further visas that you apply for will require extra scrutiny so those time tables do not apply to you.


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## Crawford (Jan 23, 2011)

I agree with Nyclon. It would be much easier to get married in the US - girlfriend flies in on VWP, you get married, she leaves for the UK and then applies for your visa for the UK.

Since your unmarried partnership visa was turned down because of your residency issues, we are presuming your girlfriend earns the necessary 18,600 GBP per annum to sponsor you.

Getting married in the UK involves visas in order to get married etc etc and is twice the cost.


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## Pallykin (Mar 30, 2014)

Would a couple applying for an unmarried partner visa have a problem with the relationship proof if the UK citizen went to the UK first for a couple of months to establish accommodation for the visa application? We've lived together for 25 years and own a home here in the US.


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## Crawford (Jan 23, 2011)

Pallykin said:


> Would a couple applying for an unmarried partner visa have a problem with the relationship proof if the UK citizen went to the UK first for a couple of months to establish accommodation for the visa application? We've lived together for 25 years and own a home here in the US.


None at all. You have both lived in the US for a long time (legally one presumes), have proof of co-habitation for this amount of time (presumably) so there is no reason for UKBA to not recognise your unmarried partnership.

You don't HAVE to go to the UK to establish accommodation. You could provide the address of family or friends if necessary or even the address of an hotel if you were intending to stay in one until you found more permanent accommodation.

UKBA understand that in some circumstances (usually to fulfill financial requirements) there may be a time of separation.


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## nyclon (Apr 3, 2011)

Accommodation with friends or family is fine. A hotel is not considered adequate accommodation. You need to have accommodation set up before arrival.


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## GeorgeAdelaide (Dec 4, 2013)

Reading this thread has completely thrown me!

Myself and my Aussie boyfriend will be applying for our unmarried partner visa in the next days (waiting for my final bank statement to arrive).

We too haven't seen each other since late February of this year, when I left Sydney to return to the UK in order to start working to fulfill the financial requirement.

Prior to me leaving Sydney we lived together as follows:

a) 21 months in London (I am British, he was on a Tier 5 YMS Visa)

b) 4 months in Sydney (I held a Working Holiday Visa valid for 12 months)

I am correct in thinking this acceptable as we both held appropriate visas when in each other's country?

Thanks,

Georgina


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## Joppa (Sep 7, 2009)

Yes, it should be.


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