Unmarried Partner Visa but living separately

[MPH80]

I'm just going to reiterate what others have said - the call centre are not trained ECOs.

They frequently give incorrect advice (as they have to me) - it's a bit like talking to a healthcare assistant instead of a doctor about a complex medical problem - they might be right on some occasions - but they aren't a trained medic.

But - it's your dime. Please come back and let us know how you get on.

[Casa]

Just bear in mind that legal representation for an appeal generally costs around £2,000.

[bsharrison12]

Sage, Thanks for that link, I enjoyed reading. It was very inspirational and I'm glad the couple were granted the visa in the end.

I understand what you're saying but ultimately they're the people who will be helping me decide whether to go for it or not, so for them to give incorrect information is quite frankly appalling!

Is there any way of getting answers from an ECO. I'll be speaking to many lawyers but ultimately my fate still lays in the hands of the ECO.

[MPH80]

Is there any way of getting answers from an ECO. I'll be speaking to many lawyers but ultimately my fate still lays in the hands of the ECO.

Yes - pay £826 and apply.

[bsharrison12]

That's unhelpful statement.

There is no need to treat me as a fool. I am a fully educated individual, I am just trying to cover all my bases before I take the plunge.

There are several people watching this thread, so you are not just providing answers for me, you are providing answers for others who are thinking exactly the same thing!

[pennylessinindia]

I agree that you should not provide false information but you didn't give me any additional information at all. I was more than aware that the 2 year requirement still existed in the 'immigration rules' section but is neglected to be mentioned on the 'can you apply' partners page so I was bringing this to your attention.

Please show me examples of people that have been rejected after applying whilst being in a long distance relationship. I have yet to see any evidence of such a thing. I've seen evidence of people being rejected but not because they could not provide evidence of the two years cohabiting.

Oh dear you really do not want to acknowledge that you will not suceed . There is no boyfriend girl friend visa. Either Marry or get a work visa or become a student but do not waste time applying for a visa that you do not qualify ! Yes it may seem unfair but no different from any other country .

[bsharrison12]

Pennyless, you're definitely right in the fact that I do not wish to admit defeat! I will definitely consult a lawyer on the matter but I fear you are correct. How would you suggest that I go about getting my partner to apply for a work visa. She does not qualify for anything directly at the moment. Student visa is out of the question due to lack of funds.

[Franko]

If you and your boyfriend are so in love and commited with broken hearts, why can you not show the commitment the UKBA wants to see in the form of marriage?

You can even apply for fiance visa and bring him here for 6 months before you take the plunge.

[transpondia-2011]

I agree that you should not provide false information but you didn't give me any additional information at all. I was more than aware that the 2 year requirement still existed in the 'immigration rules' section but is neglected to be mentioned on the 'can you apply' partners page so I was bringing this to your attention.

What an interesting thread! Can you please identify which page you are looking at wherein the appropriate rules have been neglected?

[MPH80]

That's unhelpful statement.

There is no need to treat me as a fool. I am a fully educated individual, I am just trying to cover all my bases before I take the plunge.

But you are acting like bit of a fool.

You're reading everything that's written in the rules and refusing to acknowledge that you don't have the ability to qualify for the unmarried partner visa.

For someone that's fully educated - it's surprising you haven't worked out to acknowledge defeat. Instead you seem hellbent on dropping what will probably turn out to be nigh on £4-5 grand (which could otherwise be spent on a modest wedding) on a failed attempt to get past a rule which has been in place for years and if it was going to be successfully challenged would have been done by now. This will also keep you and your partner apart for far longer than necessary as you go through all the hoops of trying to get a visa you can't obtain.

Your options from here are:

1) Apply for the unmarried partner visa, fail, appeal, fail, appeal further (if you're allowed), fail, consider other options.

2) Plan to get married here, get a fiancee visa, convert to a spouse visa once married

3) Get married in the US, get a spouse visa.

4) Move to the states for 2 years, get an unmarried partner visa after that

5) Find another suitable visa for her.

[bsharrison12]

Transpondia - the page where the two year rule is neglected is here... http://www.ukba.homeoffice.gov.uk/visas ... you-apply/

However as the others have stated the rules on the matter appear to be unchanged.

Sage - it would appear you have misinterpreted my enthusiasm for stubbornness. In my position if you felt there was a glimmer of hope would you not be inclined to try? and I will not being spending any where near that sum as I am fortunate to have friends in high places and will have any legal fees waived.

I know that I can join the long que of people who interpret the rules as unfair but if each case is judged on its own merits then I feel I would have a case.

[transpondia-2011]

Transpondia - the page where the two year rule is neglected is here... http://www.ukba.homeoffice.gov.uk/visas ... you-apply/

I have examined the page. I can agree that, consistent with your observations, it does not mention cohabitation requirements.

This is, however, not a loophole in the UP requirements. It is a mistake on their site. Plain and simple they totally forgot about UP's.

Mistakes like these cannot be exploited by individuals because web sites and guidance are not statutorily provisioned.

If you apply, the controlling authority will be the Immigration and Asylum Act 1999 and not any crap thing that appears on UKBA's site. That's the way the system works.

Hope that clarifies. Also, I am *VERY* surprised that a properly regisered solicitor would even accept instructions on a case as weak as yours. But that's for another day. You get a tip of the hat for noticing a chicken-up and some astute research though!

[Casa]

Each case is judged purely on whether the UKBA Rules as they are laid out are met.

Perhaps now may be the time to take advantage of free legal help from your 'friends in high places'.

[anniecc]

I know that I can join the long que of people who interpret the rules as unfair but if each case is judged on its own merits then I feel I would have a case.

I think you are misunderstanding the amount of discretion the UKBA case workers have. "Judged on its own merits" means that they assess the case based on the evidence you have provided, and only the evidence you have provided. They don't have the ability to disregard the immigration rules simply because they feel sympathetic to your situation. The two year cohabitation rule is very clear cut. You say that you can't find examples of couples in your situation being turned down, but have you found any examples of people who have succeeded? If not, do you really think this is because no one else has tried, or because no one else has a case as compelling as yours?

Stubbornness is all very well but ignoring the advice of the many experts on this forum, and being willing to spend thousands of pounds to prove some principle, is simply irrational. If you are genuinely committed to your partner, surely you want to live with her as soon as possible. By far the quickest way to do this would be to get engaged and apply for a fiance visa. Nothing you have said convinces me that you are in a relationship akin to marriage, just that you want to "beat the system".

[bsharrison12]

Thank you for your comments. I would just like to re-iterate that my sole intention for posting this thread was to shed some further light on my recent finding but it was not to be insulted by other users.

There are many others in a similar position to me are also interested in the responses to the questions I've been asking but the negativity is not required.

I must admit from the evidence provided by all it does look like the unmarried partner visa is not one for us and we will have to explore other avenues but I believe it was definitely worth asking the question.

It's a pity that having the strain of coping with financial and politcal pressures being placed upon your relationship that the support from like minded individuals is not available yet all I am offered is just bitterness and ignorance to add to your woes.

[MPH80]

I appreciate what you're feeling right now - I spent 3 years in a longer distance relationship than yours (my wife is from Peru). I know precisely how frustrating the immigration rules are when all you want to be is together and we had no option but to get married.

However, you haven't had ignorance - you've had a great deal of wisdom and sound advice - the fact it doesn't meet with your opinions and hopes is not the problem here.

You perhaps need to look at your own attitude to a forum where people come to give free advice when after the first couple of posts you ask about someone's qualifications to advise you. Hardly positive is it? You put most of the senior people on edge doing that.

You should be grateful people like myself have persisted in trying to show you the reality of your situation to stop you wasting money and trying to guide you to a solution that's going to work.

However, since you clearly aren't - I think I'll leave you to it now.

[bsharrison12]

Sage, I fear you have misinterpreted my intentions. I was merely trying to find out where the information that was being provided to me had come from.

I am grateful for all the advice that I have received, it is much appreciated because I now know that the unmarried partner visa is out of the question and I can establish us on a new path to an alternative visa.

The point I was trying to make is that this is a very emotional situation as you are more than capable of understanding and for people just to simply shout NO! and slam the door in your face is some what upsetting and hard to accept, no matter how much of a reality it may be. Take this as you will but a little sensitivity about the topic would go a long way.

I have not intended to get anybody's backs up, however I feel I was not wrong in questioning the information I was being presented with because it is simply a natural instinct to test the credibility of a source.

I apologize if I have caused any offense to any member of the forum and would like to say thank you for any inputs you have given. It is now quite clear to me the path I must follow.

[Franko]

The point I was trying to make is that this is a very emotional situation as you are more than capable of understanding and for people just to simply shout NO! and slam the door in your face is some what upsetting

The problem is that is what the UKBA will do to you, rightly or wrongly, lets face it a system that allows people to bring other to this country in a relationship without any proof or evidence of comitment is so open to abuse it would be unreal. Even the current system that requires marriage is widely abused. Your only chance to challenge this would as you have pertained to already be the human rights act, however the section of the human rights act that your reffering to is the right to a family life. I think you would find it hard to get a Long distance boyfriend legally defined as family.

Is there a reason marriage isnt an option? or just personal prefferance?

[bsharrison12]

Franko, you're absolutely right and I really don't think using the human rights argument would be feasible option or else everyone would be doing it!

No particular reason that marriage is out of the question. It was more or less a mixture of personal preference and financial reasons which ultimately meant not being able to have the big wedding we've always dreamed of because of our financial short comings.

None the less I believe this will be the avenue we will be exploring as we desperately wish to be together, so any advice would be appreciated.

[Franko]

Wedding doesnt need to be big for immigration purposes just a legal marriage in a registry office, you could bring your boyfriend here on finace visa first then you would have 6 months to get married before applying for FLR as a spouse. You can always have a church blessing and / or big celebration later in life if thats your choice.

[bsharrison12]

That is more or less our intention (and it's my girlfriend haha.) but I'm concerned that it would look like a sham marriage because she would not be taking my surname and we probably wouldn't tell many people (if anyone at all).

[transpondia-2011]

That is more or less our intention (and it's my girlfriend haha.) but I'm concerned that it would look like a sham marriage because she would not be taking my surname and we probably wouldn't tell many people (if anyone at all).

One bright spot from this thread has emerged: your pointing out the mistake on the UKBA site led to enquiries, which led to further enquiries, and the result is that the rules for unmarried partners HAVE changed!

It means a lot of info in this thread is out-of-date, and you certainly would have wasted your application fee. I will update my site with the new rules later this week, but for the nonce consider yourself lucky!

[MPH80]

So what are the rules then transpondia?

[transpondia-2011]

So what are the rules then transpondia?

They changed them, and I am collating the stuff from the Annex and the Appendix into an article; please give me a few days.

But for starters, same address for 2 years and shared remittances for the same period.

I can't think of any UP who can qualify under that regime. Plus the finance hurdle in FM. At least for married partners, the Brit can go on ahead to the UK and set up the household. Not so with UP's.

[Lucapooka]

So what are the rules then transpondia?

They changed them, and I am collating the stuff from the Annex and the Appendix into an article; please give me a few days.

But for starters, same address for 2 years and shared remittances for the same period.

So nothing has changed and the information in this thread (certainly from my perspective and my input is not out of date)! Other than generating traffic for your own site, how do you think you are helping this discussion?