Having travelled to the UK on January 28, 2011 and registering my civil partnership on July 18th, 2011, I submitted my application for a settlement visa from the British High Commission in Ghana on August 2nd, a decision was not reached until November 9th when the application was refused per below reasons:
The general background of this application could be told as follows. My partner and I got to know each other since 2005 through the “Gay Times Newspaper” and have since visited my partner on three occasions in 2006/2007, 2009/2010 and 2011 through his invitations. In all these periods, our relationship was discrete as my societal homophobic sentiments made it impossible to admit being a gay. In 2007, as results of family pressures, I was forced into marriage which produced two children. My UK fiancé understood my situation correctly as he knew there was little he could do. This marriage unfortunately, did not last and in December 2010, I divorced my wife. In January 28, 2011, I travelled to my partner and lived with him for 6 months during which time; we finally agreed to enter into civil partnership. I returned to Ghana on July 20th, to apply for settlement visa which was refused under the reasons below.
I have since their decision; file a petition for a review as I believe I have strong case. However, I am nervous and perhaps need more ideas from you to the way forward. I can forward to you, my letter for the petition and whether if it could help my fight against the decision.
Thank you,
OKPGH
BHC Refusal Decision:
"You are seeking entry to settle with your partner in the UK. You state that you for came into contact by correspondence with your sponsor in 2005 and claim that your relationship commenced in 2006. I would note that after this relationship stated, you proceeded to marry a third party; a relationship which resulted in two children, born 2007 and 2009 respectively. While I do not dispute that your marriage was subsequently dissolved and you were free to enter a civil partnership you have supplied very limited evidence of the development of your relationship to your current sponsor. I have considered several pieces of correspondence to your sponsor during the period 2005-2007. You subsequently visited the UK for a period of six months and claimed to have made other social contact. You have however chosen not to provide any other form of evidence to demonstrate a subsisting relationship. This could have taken the form of regular and more recent correspondence with your sponsor, photographs at social gatherings or testimonials from friends or associates. On the evidence provided, however, I am not satisfied that you intend to live permanently with the other as his civil partner or that the civil partnership is subsisting as required by paragraph 281 (iii) of the immigration rules.
As evidence of your sponsor finances, you have provided a single letter from Aviva addressed to your sponsor dated 3/06/2011 stating that your sponsor was to have a capital released to him. This letter, in isolation, does not confirm the use of these funds or whether they still remain available to your sponsor. You have chosen not to provide contemporaneous evidence of fluid funds to your sponsor. I am therefore not satisfied that your sponsor is able to provide for your setting up costs or continued maintenance in the UK. You have provided a limited evidence of your own financial circumstances. I have considered a personal bank statement dated 26/07/2011. This statement is now three months old and I am not satisfied it can be relied upon to reflect your current circumstances. I also note that you are a father with two children to support. This represents an additional burden to your personal finances. Therefore, on the balance of probabilities, I am not satisfied that you are able to maintain will be able to maintain yourself and any other dependents adequately without recourse to public funds as required by paragraph 281 (v) of HC395.
I have therefore refused your application because I am not satisfied, on a balance of probabilities that you meet all the requirements of the relevant paragraph of the United Kingdom Immigration Rules".
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