Settlement visa rejection

[caroleb2003]

Hello,

Looking for some help please, I'm a UK citizen and my Seychellois partner has just has his unmarried partner visa rejected as though we have now been together 2.5 years we only lived together for 18 months in Seychelles. We now trying to decide what we should do next. He will come to the uk in September to see me (on a tourist visa) as we really need it then see how it is being together in the uk, if after 6 months we are very happy we will apply again for the same visa (as we will meet the 2 year criteria then) or possibly get married and apply for a different visa. Does anyone have any experience in this? How do the logistic work of applying for visas if your already in the UK?

Thanks

[CR001]

A person cannot switch to any other category of visa if they are in the UK on a visitors visa. Your partner will need to return to home country for any further visa applications.

Also, how will you prove living together when your partner is visiting as then he is admitting that he is not a 'genuine visitor' but 'living in the UK'.

The requirement for an unmarried partner visa is to live together 'in a relationship akin to marriage' for a full continuous period of 24 months.

[Casa]

Following a failed settlement visa an application for a visitor visa is likely to be refused. Have you considered marriage?

[caroleb2003]

Thanks for the replys, thats very sad to hear, would he not even be able to come for a holiday for a couple of weeks? I dont really know how were suppose to get over this, is the only option to apply for a fiancée of a uk person and then pay all the fees again and wait another 3 months? He has already had to go to kenya for his English exam and then to Mauritius to submit his paperwork and its been financially very touch and im not sure we can just repeat the whole process again

Your right he wouldn't be here as a tourist, though i would be supporting him, i have have no way of proving that

Thanks again for your advice

[caroleb2003]

Also, i will appeal as the only reason i left Seychelles is cause my contract was ending and at the same time i was offered a good job in the uk, i then researched how t make our application as good s it would be and it said to wait till i had been in my job six months, do appeals like this stand a chance? Sorry but im so upset and dont really know what to do, thanks

[Casa]

Without the full 2 years of co-habitation an appeal would have a very slim chance and would take considerable time. Your best route would be to marry and apply for a spouse settlement visa. Even if the visitor visa application was successful, he would still need to leave the UK and apply for a visa from a country where he has legal residence. Either way, you're looking at paying another application fee.

[caroleb2003]

Thanks for the reply, I just want to see him now we have waited so long, Would have to get married in the Seychelles then i guess and then apply after

Is the fiancé visa not very reliable? Not sure I can afford a wedding right now but In 6 months it might be easier

Do you know if many of those visas get refused? Can we just apply straight away?

Sorry to bombard you but I feel totally lost right now

Thanks so much

[Casa]

Thanks for the reply, I just want to see him now we have waited so long, Would have to get married in the Seychelles then i guess and then apply after




Is the fiancé visa not very reliable? Not sure I can afford a wedding right now but In 6 months it might be easier

Do you know if many of those visas get refused? Can we just apply straight away?

Sorry to bombard you but I feel totally lost right now

Thanks so much

That's OK...it's what the forum is here for, but I'm off to bed shortly.
I'm not sure what you mean be 'not very reliable'? As long as you can show:
A genuine relationship
Income of at least £18,600 p.a (after at least 6 months of UK employment)
Adequate accommodation
A1 level English
Evidence of a planned wedding (quotes from venues, caterers etc) This doesn't have to be booked, simply an indication that you intend to marry.

You would have 6 months in which to enter, marry and then switch to a FLR(M) spouse settlement visa from within the UK. A fiance visa requires two visa applications, whereas if you marry in the Seychelles it will only require one, meaning one visa fee.

[caroleb2003]

Hello,

Thanks for that, i meant im sorry that im worried it will just get rejected again but the main reason was the 5 months short of living together for the 2 years required and so i guess that if we were going for the different visa it wouldn't be a criteria that would matter any more, just that i relationship is real. We meet all the other criteria that you mentioned, i have a good job, i work for the government....

Financially the wedding in the Seychelles or the double visa, the double visa would probably be easier really.

In the meantime we really need to see each other to re connect as its such a blow so i think we might book a holiday to France where my mum lives, just so we can have 2 weeks to ourselves and then start the whole process again after.

This is a long shot but do you know if they keep biometric readying as part of the process meant that he has just travelled to Mauritius to do this and to have to replete this again its seems crazy. I have just email immigration but i dont have great success in getting replies from them

Thanks once more for you time and knowledge

[CR001]

This is a long shot but do you know if they keep biometric readying as part of the process meant that he has just travelled to Mauritius to do this and to have to replete this again its seems crazy.

He will need to do his biometrics again as it is required for each and every application submitted within the UK or abroad. This is regardless of how recent they were done for the application which was refused.

[caroleb2003]

Ok, thanks. Is it really a total waste of time appealing? Even though I feel that the reasons I left the Seychelles were the best for our future and the most responsible thing to do?

Thanks

[Casa]

Unfortunately the case worker will follow the rules...neither compassion or appreciation of personal circumstances enter into the decision making. 2 years co-habitation is mandatory.
On a more positive note, I believe Biometrics will now be taken in the UK within 10 days of arrival. I'm sure others will correct me if this doesn't apply in the case of a fiance visa.

[caroleb2003]

Oh, ok, does anyone else have experience of this cause it was only in July this year that he had to travel to Mauritius as there is no visa centre in the Seychelles, have things changed since then?

[noajthan]

Don't know if this is any good to you but you mentioned a family connection in France.
I understand France has a special relation with Seychelles.

Is there any way you could utilise the Surinder Singh route for migration into Britain - via France?
- it may be worth digging into.
You would then be treated under EU rules (a la surinder Singh) instead of as per the UK's Immigration rules.

You would still have to be married (SS isn't available to 'singles') but then after a few months of living/working in (for example) France exercising treaty rights & you could bring your spouse into UK as the dependent of an 'EEA national' (you).

Bonne chance.

[caroleb2003]

Hello,

Thanks for your email. I was born in France but i don't have a right to a French passport. I would have to move there for some time and I have just moved back to the UK for a good job and brought a flat for me and Alex to live in so morning to France would not be an option right now

Feel so so sad now, starting to feel like it's hopeless

It's wouldn't seem so bad if he lived in a country with a visa centre but the fact that he has to do the whole process again with all the travelling makes it so hard, spent 3k so far and now it's will be another 2k still with now guarenty that he will ever be accepted. His country accepted me for 2'years and now this, so sad

Thanks for your help though

[caroleb2003]

Does anyone know if there will be an issue if we re apply for a new visa quickly, a fiancée visa? We don't want to wait any longer and so just want to get on and do it but I wondered if this will look good/bad? I'm paranoid now about the next the the next application as i guess this will be our last chance to be together? Thanks

[Casa]

You can apply as soon as you like and the previous UP visa refusal won't affect this one. Do make sure though that you're able to submit a 6 months of pay slips showing the £18,600 p.a pro rata earnings + 6 months of bank statements. You will also need a letter from your employer on company headed paper, confirming the terms of your employment and salary.

[caroleb2003]

Great that's very good news, sorry I have constant questions!

With planning a wedding, I can't actually book anything as I don't know when Alex would get here. What is satisfactory for proving we are serious and that we will do it?

Thanks

[Casa]

Quotes from wedding venues, caterers etc. You don't need to book anything...just show that you are making enquiries for a wedding. You may be able to get an email from the Registrar giving an idea of what dates are available, again without making a booking. Even if the Registrar's response is to say that they're unable to advise you, at least you'll have proof that you've been in contact.

[noajthan]

Great that's very good news, sorry I have constant questions!

With planning a wedding, I can't actually book anything as I don't know when Alex would get here. What is satisfactory for proving we are serious and that we will do it?

Thanks

My wife came this route a few years ago. We didn't have evidence of wedding plans upfront, I simply wrote a covering letter explaining our intentions.

The visa was granted without any followup questions.
Your mileage may vary.
Good luck.

[caroleb2003]

Hello and thanks again for everyone help. Were getting there now and getting all the new paperwork together. I have been talking to my local registrar and she has advised that without Alex in the country she cannot make a booking for our wedding. She has advised that she can give us a 'No evidence of pre planning' letter. She said this letter has been generated for immigration official to see that you have tried to book a date but that with out him and his passport here nothing can legally be booked. I think this may be a new thing, i just wanted to see if anyone has experience of this?

I know that immigration must know all about this letter but as its the first i know of it im just interested of anyone else's experience?

Thanks