Hi All,
Refusal Letter Quick Background
- FLR FP applied in 2024 was refused; essentially told to go back and apply again.
- The refusal letter didn't address my civil partnership with my partner (Romanian/Settled Status in the UK); they just said she can stay.
- Refusal didn't touch base on the part that she refused to convert her religion to Islam, as unfortunately, that is required if we had married (Confirmed as per Country Guidance Pakistan). She refused to marry, and hence the civil partnership.
- We appealed, and it's on 10th April.
My Background
- Pakistani Origin, but was born/bred in Saudi Arabia. Went to Pakistan as a kid, spent 500 days altogether over 36 years. Not been to Pak for like 20 yrs. Parents are still based in Saudi Arabia.
- Overstayed for 14 years, couldn't go back initially, as I got banned from Saudi Arabia for 3 years when I didn't leave with a final exit/re-entry visa from Saudi Arabia. (We didn't know that until we went to get an air ticket).
Insurmountable Obstacles/Home Office Review
- Due to our civil partnership, Maria's Pakistani visa was rejected.
- Plus, we have medical issues, too. Further, Maria has complete isolation in terms of language and massive cultural differences.
- We submitted 2 expert reports. Who corroborated that Maria was never going to get a visa, plus other issues stemming from it.
- HO's review was vague at best (they essentially said other cultures need to be respected, and that if they want marriage after a period of cohabitation, that is ok). (Review didn't mention civil partnership acknowledgement at all. The reviewer thinks or assumes that we're unmarried and cohabitating, etc.
- Expert reports were labelled as very leading or exaggerated (which barristers said was typical, and they didn't even provide any evidence to counter those expert reports).
- The HO reviewer also raised the point that experts haven't clarified whether civil partnerships are accepted in Pakistan. Clearly, they did, plus visa refusal was the evidence they ignored.
- During the HO review, for the first time, they raised a new matter and said we can both start our lives in Pakistan/Romania or somewhere else. The refusal letter didn't mention Romania. So, naturally, we applied for a Romanian visa to see if we could get it. We got a refusal for Romania due to the fact that we're civil partnered and not married. (We submitted that further evidence today)
Negative Issues (Mine)
- Overstaying period
- I was convicted for using false passport for work - community service was given (Barristers mentioned if they wanted to refuse, they would've easily done during the application stage and made their life easier (The reason they didn't due to community service plus favourable Judges comment as I was only doing it for survial plus trying to gather money for immigration and i had proof etc)
Questions:
- We clearly face insurmountable legal barriers. And we have proof, not just hearsay. Has anyone come across or been involved in similar issues to my case? Your insights will be much appreciated.
- During the cross-examination part. Do both people stay in the room, or is it done in turns, with one partner sent out?
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