A Genuine Subsiding Relationship | An American Wife in Wiltshire
Subsisting relationship – Why didn't I apply after marriage. if you had not had to have 'something' to prove this marriage is genuine, you would not . irresponsible and uncaring attitude; I trust the ECO thinks the same way. So how can I prove that the marriage is currently subsisting? used only 8 months ago, and the trust deed that was executed 3 months ago. .. important to provide evidence that the relationship is genuine and subsisting. A key phrase that soon crops up and begins to invade your every waking moment is “a genuine subsisting relationship”. Unfortunately, because.
We've been living together for 1 year and 10 months. Can we still apply? There's nothing stopping you from applying, but your application will almost certainly be refused, and you will have wasted a lot of effort and money. UKVI are under immense pressure to cull immigration, and they are looking for any reason to refuse your application. A couple was recently refused for being 10 days short of the 2 year requirement.
But my immigration solicitor said we could apply as unmarried partners even though we've been living together for only a year? Ask them how much they plan to charge you when you need submit an appeal or re-apply. Remember that the solicitor gets paid whether your visa is accepted or not. If you're feeling charitable, I would suggest leaving a negative public review to help others in your position steer clear of bad advice. Can I still qualify if we moved together to another home within the two years?
Yes, UKVI are only looking to determine that you and your partner have lived at the same address as one another during this period. Unsurprisingly, UKVI has found that friends and family are willing to lie for one another. Can I use copies? No, you're expected to provide original documents.
We don't have enough evidence to provide. What can we do? Unfortunately this is a non negotiable requirement. You can either continue living together until you accrue enough correspondence to meet the requirement, or you can get married. Do we still have to show evidence of communication Skype logs, IMs, texts, phone bills? No, if you're living together then it's assumed you're communicating. The communication requirement is for married or engaged couples who are living separately.
Ring them up and ask for paper statements again. Someone told us we should write a cover letter to the application. What do we have to write? It's not a required document, but it's recommended to write a cover letter to appeal to the human side of the person who is reviewing your case. If the requirements of the year partner or parent routes in Appendix FM or paragraphs ADE 1 DH on private life are not met, the decision maker must go on to consider whether there are any exceptional circumstances which would mean that refusal would result in unjustifiably harsh consequences for the individual or their family, such that refusal of the application would not be proportionate.
Qualifying as "unmarried partners" : ukvisa
If after considering the case the Article 8 claim is refused, any reasons for refusal letter must explain why the requirements of the Immigration Rules have not been met. It must fully outline and explain the consideration of exceptional circumstances, including why it is not considered there are any exceptional circumstances in the case.
An applicant granted leave to remain under the year partner, parent or private life routes may, qualify for settlement more quickly if they are successful in a subsequent valid application for leave under the 5-year partner or 5year parent route of Appendix FM.
Their previous leave under the year partner, parent or private life route would not count towards the continuous period of 60 months with leave under that 5-year route required before the applicant may be able to qualify for settlement under that route. First, the decision maker must consider whether the applicant meets the requirements of the family Immigration Rules without consideration of exceptional circumstances under paragraph GEN.
Second, if an applicant does not otherwise meet the relevant requirements of the Immigration Rules, the decision maker must move on to consider, under paragraph GEN. If there are such exceptional circumstances, leave to remain should be granted on a year route to settlement as a partner or parent under Appendix FM or outside the Rules on the basis of private life. If not, the application should be refused.
Requirements to be met for leave to remain under the year partner route are set out in paragraph R-LTRP. To qualify for leave, the applicant must meet all these requirements, subject to the exceptions set out in GEN. What is a Partner? The year partner route is available to those in the UK as the partner of someone who is British or settled in the UK or is in the UK with limited leave as a refugee or granted humanitarian protection excluding those pre-flight family members who can qualify under Part 11 of the Immigration Rules.
The two-year period of living together for a couple who are not married or in a civil partnership must have been completed prior to the date of application.
However, the two-year period does not have to have been completed immediately preceding the date of application if, for example, the couple are currently living apart for work reasons in order to meet the financial requirements of the Rules, provided that the relationship continues to be genuine and subsisting at the date of application.
Couple to have met in person — The decision maker must be satisfied that the applicant and their partner have met in person.
Spouse Visa UK Successful! Income Requirement, Subsisting Relationship Issues Involved
This means for example that if the parties had been childhood friends, it could be acceptable, although the meeting of two infants would not. A mutual sighting or mere coming face-to-face followed by telephone or written contact would not suffice. Where the decision maker is not satisfied that the couple have met in person, the application must be refused.
Genuine and subsisting relationship — The decision maker must be satisfied that the relationship between the applicant and their partner is genuine and subsisting. An applicant applying as an unmarried partner or same sex partner must have been living together with their partner in a relationship akin to a marriage or civil partnership for at least two years prior to the date of application and must provide documentary evidence of this.
This is set out in GEN. In assessing whether a relationship is genuine and subsisting, the decision maker should refer to the guidance on genuine and subsisting relationships, Annex FM 2. The applicant and partner must provide evidence that their marriage or civil partnership is valid in the UK. The required evidence of marriage or civil partnership is specified in paragraphs 22 to 26 of Appendix FM-SE. Where the applicant, their partner has, or both have previously been married or in a civil partnership, the applicant must provide evidence as specified in paragraphs 23 and 25 to 26 of Appendix FM-SE that the previous marriage or civil partnership has ended.
Where the marriage or civil partnership of either the applicant or their sponsor to a previous partner has not been legally dissolved, the applicant may still be able to qualify under Appendix FM as an unmarried partner or same sex partner, provided that they meet the criteria set out in paragraph GEN.
Intention to live together permanently in the UK-The decision maker must be satisfied that the applicant and their partner intend to live together permanently in the UK. In applications for further leave to remain or for indefinite leave to remain in the UK as a partner, where there have been limited periods of time spent outside of the UK during the period when the applicant had leave as a partner, this must be for good reasons and the reasons must be consistent with the intention to live together permanently in the UK.
Each case must be judged on its merits, taking into account reasons for travel, length of absence and whether the applicant and partner travelled and lived together during the time spent outside the UK. These factors will need to be considered against the requirements of the Rules. If the applicant, their partner or both have spent the majority of the period overseas, there may be reason to doubt that the couple intend to live together permanently in the UK. What is the relevance of EX. Exceptions to certain eligibility requirements for leave to remain as a partner?
Rather, where it applies, certain eligibility requirements under the 5-year partner route as to immigration status, finances and English language do not apply. In these circumstances, where the applicant meets the relevant requirements, they will be granted leave under the year partner route instead. An applicant being considered under the year partner route must meet the requirements in paragraph EX. This paragraph applies if a i the applicant has a genuine and subsisting parental relationship with a child who- aa is under the age of 18 years; bb is in the UK; cc is a British Citizen or has lived in the UK continuously for at least the seven years immediately preceding the date of application; and ii taking into account their best interests as a primary consideration, it would not be reasonable to expect the child to leave the UK; or b the applicant has a genuine and subsisting relationship with a partner who is in the UK and is a British Citizen, settled in the UK or in the UK with refugee leave or humanitarian protection, and there are insurmountable obstacles to family life with that partner continuing outside the UK.
For the purposes of paragraph EX. They do not have to meet both a and b. Even if the requirements in EX. The requirements in paragraph EX. Where the decision maker determines under paragraph EX. First, the decision maker must assess whether refusal of the application will mean that the child will have to leave the UK or is likely to have to do so.
Where the decision maker decides that the answer to this first stage is yes, then they must go on to consider secondly, whether, taking into account their best interests as a primary consideration, it is reasonable to expect the child to leave the UK.
In doing so the decision maker must carefully consider all the information provided by the applicant, together with any other relevant information of which the decision maker is aware. Where the decision maker concludes under the first stage of this test under EX. If it is considered that refusal would lead to unjustifiably harsh consequences for the applicant, the child or their family, leave will fall to be granted on the basis of paragraph GEN.