# Rejected UK Unmarried Partner Visa



## ariagalam (Sep 20, 2013)

Hello everyone! I'm happy to be a part of this community.  I'm a young woman currently living in the USA. 

So my partner of 1 year and 4 months got a job in the UK, and his Migrant Worker visa was approved. I applied for the Tier 2 Unmarried Partner of a Migrant Worker visa and was denied.

Basically, I'm looking for advice on where to go from here. 

The reason for my application being denied is that we can't prove that we've lived together for two years. However, we are deeply (and genuinely!) in love, feel committed to each other for the long haul, etc etc. Should I appeal the decision? Does it matter, if I can't prove that we've been living together for two years?

Can I (or should I) now apply for a different kind of visa? Like a tourist visa, etc? 

Will I even be able to visit him? I was reading somewhere online that I will be stopped at the border unless I can sufficiently prove a reason for my returning to the USA. 

Obviously, I feel quite panicked and despairing. My name is on a lease over in the UK, and I am anxious to be there and join up with my partner. Any help or advice would be greatly appreciated!


Best,
A


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## Guest (Sep 20, 2013)

There is no point appealing, you say you have been in a relationship for 1yr 4 months hence you do not meet the requirements so there is nothing to appeal. 

You could visit him but from what I have read you should apply in advance for a tourist visa since you have just been rejected and risk being turned around at immigration. You will need to show reasons that you will leave the country at the end of your stay, such reasons would usually be employment.


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## Pultet (Sep 17, 2013)

My fiance's visa got refused last april due to the same reason  
What i've learnt from the refusal letter is that be very careful in how u describe your relationship and don't ever use the word "durable relationship" as they describe that as lived together for 2 years.. Gather as much evidence as u can of ur relationship the re-apply


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## ariagalam (Sep 20, 2013)

Pultet said:


> My fiance's visa got refused last april due to the same reason
> What i've learnt from the refusal letter is that be very careful in how u describe your relationship and don't ever use the word "durable relationship" as they describe that as lived together for 2 years.. Gather as much evidence as u can of ur relationship the re-apply



So your finances visa was denied because you weren't together long enough? When you appealed was it approved? What did you do differently to get it approved? Thank you so much for your help


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## ariagalam (Sep 20, 2013)

So _shel, you're suggesting that I just immediately apply for a tourist visa? Thank you for taking the time to respond to me!


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## Pultet (Sep 17, 2013)

ariagalam said:


> So your finances visa was denied because you weren't together long enough? When you appealed was it approved? What did you do differently to get it approved? Thank you so much for your help


We got the refusal on april, we have been in a long distance rel for 7 years and i used the term "durable relationship" to describe our relationship but they refused coz durable rel means we should have lived together for 2 years..

We took our time to gather more proof and evidence, we are re-applying again next week with a formal letter answering the refusal ground..


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## nyclon (Apr 3, 2011)

Do you mean that your partner has Tier 2 visa? I am not aware of a visa called a migrant worker visa. And you applied for a Tier 2 unmarried partner? If you haven't been living together for 2 years in a relationship akin to marriage you don't qualify. Period. It's the most important reqirement. You have no basis for appeal.

Since you have been refused a visa it is in your best interest to apply for a visit visa if you wish to visit your partner. You'll need to show strong ties to the US like rent or a mortgage to pay and a job to return to or classes to resume. A short visit of a couple of weeks to no more than a month would be best.


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## nyclon (Apr 3, 2011)

Pultet said:


> We got the refusal on april, we have been in a long distance rel for 7 years and i used the term "durable relationship" to describe our relationship but they refused coz durable rel means we should have lived together for 2 years..
> 
> We took our time to gather more proof and evidence, we are re-applying again next week with a formal letter answering the refusal ground..


If you hadn't lived together for 2 years in a relationship akin to marriage you were rightly refused and it had nothing to do with using the phrase durable relationship. The length of your relationship isn't relevant. If you still haven't lived together for 2 years you'll be refused again.


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## Pultet (Sep 17, 2013)

ariagalam said:


> So _shel, you're suggesting that I just immediately apply for a tourist visa? Thank you for taking the time to respond to me!


I wouldn't suggest u apply for different visa this time. That might cause a doubt to the immigration. It happened to my friend she first applied fiancee visa - denied.. Then applied tourist - denied.. Reason is the embassy is in doubt that just coz she wasnt given a fiancee visa, she will re apply with diff visa and they thought that's just a reason to gain entry to uk then will overstay.


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## Pultet (Sep 17, 2013)

nyclon said:


> If you hadn't lived together for 2 years in a relationship akin to marriage you were rightly refused and it had nothing to do with using the phrase durable relationship. The length of your relationship isn't relevant. If you still haven't lived together for 2 years you'll be refused again.


Uhm? I live and work in uk.. The only way to be together to live together is for him to come here. If they will refuse him again to obtain fiance visa then how can we lice together for 2 or more years?

What is the point of having "fiance visa" ?

And if i go back to the country where he live to live together, who is going to sponsor him?


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## ariagalam (Sep 20, 2013)

Nyclon and Pultet, thanks for your response. Pultet, I am in a similar place as you - how can we possibly meet the 2 year living requirement if I am not allowed to enter the country to live with my partner?! And Nyclon, thanks for the advice, I think I will appeal and if that doesn't work out (which it seems like it won't) just apply for a travel visa. If THAT doesn't work out...well, I don't know what I'd do!


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## nyclon (Apr 3, 2011)

Pultet said:


> Uhm? I live and work in uk.. The only way to be together to live together is for him to come here. If they will refuse him again to obtain fiance visa then how can we lice together for 2 or more years?
> 
> What is the point of having "fiance visa" ?
> 
> And if i go back to the country where he live to live together, who is going to sponsor him?


A fiancé visa doesn't require you to live together at all while an unmarried partner visa does.


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## Pultet (Sep 17, 2013)

nyclon said:


> A fiancé visa doesn't require you to live together at all while an unmarried partner visa does.


Oh okay.. You quoted my post so i thought it was for me..


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## ariagalam (Sep 20, 2013)

Hmmm that's interesting. They require you to be married within 90 days of your arrival to the country with a fiancé visa, right? My partner and I have talked about marriage, and I would apply for that type of visa...I'm just so afraid of coming off as uncredible because I was rejected once  ugh bureaucracy! I just want to be with my partner!


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## nyclon (Apr 3, 2011)

ariagalam said:


> Nyclon and Pultet, thanks for your response. Pultet, I am in a similar place as you - how can we possibly meet the 2 year living requirement if I am not allowed to enter the country to live with my partner?! And Nyclon, thanks for the advice, I think I will appeal and if that doesn't work out (which it seems like it won't) just apply for a travel visa. If THAT doesn't work out...well, I don't know what I'd do!


You will be wasting your time. As I said, the most important requirement to qualify for an unmarried partner visa is that you have lived together in a relationship akin to marriage for 2 years. As you don't meet that requirement you were rightly refused and your appeal will be turned down. Appeals can take 6 months to a year.


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## ariagalam (Sep 20, 2013)

nyclon said:


> You will be wasting your time. As I said, the most important requirement to qualify for an unmarried partner visa is that you have lived together in a relationship akin to marriage for 2 years. As you don't meet that requirement you were rightly refused and your appeal will be turned down. Appeals can take 6 months to a year.


Do you think I should apply for a fiancée visa?


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## Pultet (Sep 17, 2013)

Yap aroa that could have been a better option in your case but nevermind what's done is done just think of a solution for now... I'm not sure
If applying with different category will help but u can always try, only thing u lose in trying is the visa fee..


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## nyclon (Apr 3, 2011)

Pultet said:


> Oh okay.. You quoted my post so i thought it was for me..


You said your fiancé's visa was refused because you couldn't prove that you lived together for 2 years. 




Pultet said:


> My fiance's visa got refused last april due to the same reason
> What i've learnt from the refusal letter is that be very careful in how u describe your relationship and don't ever use the word "durable relationship" as they describe that as lived together for 2 years..


So, you applied for an unmarried partner visa without having lived together for 2 years? Now you're applying for a fiancé visa which doesn't have a co habitation requirement.


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## Pultet (Sep 17, 2013)

ariagalam said:


> Do you think I should apply for a fiancée visa?


I've posted my fiance visa requirement list in one thread i believe i provided everything and embassy were happy with all the documents we provided..

Only mistake we made is we applied for fiance visa under family member of an eu national.. And unfortunately my fiance is not qualified for family member so they turned him down...


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## Pultet (Sep 17, 2013)

nyclon said:


> You said your fiancé's visa was refused because you couldn't prove that you lived together for 2 years.
> 
> 
> 
> ...


Nope.. I got u confused didn't i? 

We have initially applied for fiance visa under family member of an Eu national and did not pay any visa fee (as per my solicitor's advice)

Embassy replied: u have not live together for at least 2 years to be considered for eu family member therefore i am not satisfied that u meet the requirement under the eu family member etc... Somethig like that


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## nyclon (Apr 3, 2011)

ariagalam said:


> Hmmm that's interesting. They require you to be married within 90 days of your arrival to the country with a fiancé visa, right? My partner and I have talked about marriage, and I would apply for that type of visa...I'm just so afraid of coming off as uncredible because I was rejected once  ugh bureaucracy! I just want to be with my partner!


With a fiancé visa you have 6 months to marry. You rejection will mean that your fiancé visa will require more scrutiny and so will likely take longer to process. If you can meet the financial, relationship and accommodation requirements and have strong documentation your application should be successful. A rejection doesn't mean all future applications will be refused but you basically have to try harder and wait longer for a response.


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## nyclon (Apr 3, 2011)

Pultet said:


> Nope.. I got u confused didn't i?
> 
> We have initially applied for fiance visa under family member of an Eu national and did not pay any visa fee (as per my solicitor's advice)
> 
> Embassy replied: u have not live together for at least 2 years to be considered for eu family member therefore i am not satisfied that u meet the requirement under the eu family member etc... Somethig like that


It's helpful if you give the details of your situation which has turned out to be completely different from the OP. You originally applied for a completely different visa which turned out to be the wrong visa. You really can't compare your situations.


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## ariagalam (Sep 20, 2013)

nyclon said:


> With a fiancé visa you have 6 months to marry. You rejection will mean that your fiancé visa will require more scrutiny and so will likely take longer to process. If you can meet the financial, relationship and accommodation requirements and have strong documentation your application should be successful. A rejection doesn't mean all future applications will be refused but you basically have to try harder and wait longer for a response.


Once again, thanks for responding. I think my partner and I will talk to a lawyer and probably apply for a fiancé visa.


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## Guest (Sep 21, 2013)

ariagalam said:


> Once again, thanks for responding. I think my partner and I will talk to a lawyer and probably apply for a fiancé visa.


 I dont think you can apply for a fiancee visa as your partner is not present or settled in the UK, the other poster confused the thread somewhat as their situation is different. 

You could get married and then apply to join him.


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## Pultet (Sep 17, 2013)

I did say that we applied for fiance visa and got the exact same reason of refusal her -_-


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## Guest (Sep 21, 2013)

I know, don't worry about it, it happens all the time. Made sense in your situation but not in hers as different visas are needed depenent on where you are from. Just wanted to make sure they knew that.


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## nyclon (Apr 3, 2011)

ariagalam said:


> Once again, thanks for responding. I think my partner and I will talk to a lawyer and probably apply for a fiancé visa.


I believe shel is right. You can't apply for a fiance visa as your partner is not a UK citizen or settled in the UK. My mistake. What you can do is apply for a marriage visit visa which allows you to come to the UK to get married (again like the fiance visa, you have 6 months), but you must leave and return to the US to apply for your Tier 2 dependent visa.


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## ariagalam (Sep 20, 2013)

_shel said:


> I dont think you can apply for a fiancee visa as your partner is not present or settled in the UK, the other poster confused the thread somewhat as their situation is different.
> 
> You could get married and then apply to join him.


Hmmm okay . I suppose it would seem less sketchy if I first applied for a marriage visit visa, rather than just getting married straight away and re-applying as a tier 2 dependent?

Argh all of this is so confusing and everyone is helping a lot, so thank you!


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