Refused unmarried partner FLR(M)

[susoroh]

We received a refusal letter on 26/03/2013 for our unmarried partner visa.

As we had already suspected, it was refused because we had not been living together for the full two years. We do have right of appeal.

I have a few questions to ask... if anyone has any advice that would be great. We are seeing an immigration lawyer on Thursday, and are planning on lodging an appeal.

We know that we have not lived together for the full two years. We do have a decent amount of evidence that we have been in a serious relationship for five years, and I have seen some cases which have reached appeal and similar to this which have eventually been granted...

Basically we were wondering how long an appeal process would take?

And also my sponsor's passport was returned, along with some photos and photocopies of our documents eg. payslips, bills, etc. But my passport and the original documents were NOT returned. Has this happened to anyone else? As the visa was refused I can't see any reason for sending the documents back separately, but I cannot leave the country (as they have requested) without my passport!

[Obie]

What is the nationality of your husband?

The UK rules are really stringent on the 2 years criteria. DO you have any children?

[susoroh]

I am Nigerian my partner is British. No children.
Any advice would be much appreciated. Cheers

[Obie]

In the absence of 2 years relationship, the absence of a child, no leave to remain and unable to show a structured and committed relationship, the hands of a judge, might be tight to allow an appeal under Article 8.

It may help if you married.

How long is it before you clock 2 years, and have you current got a leave to remain?

[susoroh]

We are engaged. It is just under five months until we reach two years living together. My previous visa expired while our application was being processed.

Do you know how long the average appeal process takes?

Thanks for your response.

[Casa]

'My previous visa expired while our application was being processed.'. That probably explains why your passport has been retained.
The 2 year rule is mandatory and requires documented evidence that you have been living together in a relationship akin to marriage throughout this period.

[LEGAL SOLUTION]

hi

i suggest that you go for appeal. and linger on the basis of article 8

[vinny]

In the absence of 2 years relationship, the absence of a child, no leave to remain and unable to show a structured and committed relationship, the hands of a judge, might be tight to allow an appeal under Article 8.

[susoroh]

Thank you for your responses.

In regard to them retaining my passport I am confused- how long will they retain this for? I understand that the BRP was refused, but I still require my passport? They also retained all our original documents- payslips and bills etc which we both need back too.

We are meeting the immigration lawyer tomorrow, so hopefully we will get some good advice. I know there are mixed views on appealing, which I share, but I feel like it must be worth a shot.