UK Family Visit Visa for birth of Baby

[Elzibubs]

Hi Everyone,

Can anyone advise? I am also sorry for the long explanation which shall follow.

I am expecting my first child with my partner (his first child also). We had recently applied and have been refused an Unmarried Partner Settlement Visa, so we are now making a last minute Family Visit Visa in attempt to get him here at least for the birth of his son...

On the application, under `Purpose of visit`we have put...For the birth of my son.
We have listed me as his partner and that he shall stay at my home address whilst in the UK, however we have been very clear to state that his reason for coming to the UK is for my due date (September).
Of course with the recently (last week) refused visa the UK Border Agency already are aware that I exist as his partner so we did not want to lie and try to hide that.

As evidence (amongst the usual fınances on his part, work commitments etc etc), we shall include copies of my maternity letters, proof of my address and proof of my ID (Passport).

What I am confused about is....do we need to prove our relationship again to the Border Agency even though the visa`s purpose is for his child and NOT for me??? On our recent refusal letter the assessor has not denied that we are in a relationship.
I just don`t want to over complicate the application.

I am so confused but we really need to get it right...this is our only opportunity to get him here on time...

Thanks for any advise

[Lucapooka]

I would not waste time applying for a visit visa in the wake of refusal for a settlement visa. It's never going to granted. If your partner wants to settle in the UK you should concentrate on correcting the problems with his eligibility. What was the reason for the refusal?

[Elzibubs]

Hi,

Thanks for your reply, we have already applied as we have no other option at the moment, I am due to give birth in 5 weeks, we do not have time to wait for the appeal for the settlement visa.
We refused on the grounds that, in the view of the assessing officer, we had not been living together in a relationship akin to a marriage for 2 + years. The officer did however agree that we are in a relationship which has been for longer than two years and that my partner intends to permanently live withme if we were successfull with the settlement application... So the only part not agreed with is the initial 'living together akin to a marriage' aspect.
We provided more than enought idenfe of our relationship, commitment, finances, mortgage etc. To say I'm fuming at the decision is an understatement... His could he have possible lived in the UK full time for 2+ years if there is no visa that would allow it.

We have been honest with the family visit visa, and not denied our relationship as today I have read the guidelines for assessing officers and it dies not say that we should be living together for 2+ years, only that the relationship must be 2+ years... And along with our evidence provided for the second time they can also access the previous officers comments who agrees with our relationship length...

Having said all this, the purpose of this visa is now for his son!- not me!
I have an appointment with a lawyer to discuss further action on the settlement visa refusal.

Thanks,

[Elzibubs]

P.s apologies for the typo errors! Autocorrect really has its downsides!!

[Lucapooka]

It's a common problem. Unmarried partner means exactly like married in every aspect yet only lacking a civil or religious contract. This has to be throughout a two year period. For example, a couple who have been together for 10 years, but only recently moved-in together and started to share their assets and responsibilities would not qualify. I'm not saying this is the case with you, but clearly there was something about your relationship or the evidence or this, that did not meet the requirements. The reason they are strict is because without the legal commitment of a marriage contract, this category of visa is open to wholesale abuse and perhaps you have been caught up in the fine mesh that is used to trawl for fraud.