Tier 2 Dependant Visa refused Pls Help

[JS28]

Hi All,

My civil partner applied as a tier 2 dependant but was refused on the grounds of 319c of HC395

In the refusal letter it says:

You have applied as a Tier 2 general partner of the PBS in order to join your civil partner. On assessing you application, I note that you travelled to the U.K. in January 2013 and entered a civil partnership with your sponsor. It appears that since your civil partnership took place you have spent only 49 days with your partner. You have provided no evidence to demonstrate that you and your sponsor have been living together in a relationship similar to marriage or civil partnership for a period of 2 years as required under Paragraph 319c of HC395.

I have therefore refused your application because I am not satisfied on the probabilities that you meet all the requirements of the relevant Paragraph of the United King doom Immigration RUles.



Can anyone please help us I did not submit our skype calls, emails, communication since we have provided this when she applied for UK civil partnership visit visa.

Also, in terms of the 2 years requirement? What can I provide as we were in a long distance relationship as I was in the U.K. but we have been in a relationship since 2009.

Please help me I am really devastated because of this

Thank you

[JS28]

Anyone please help? :'(

[vinny]

See also Subsisting marriage.

[JS28]

See also Subsisting marriage.

Hi Vinny,

Thank you for responding.

In the refusal letter it says that we should provide evidence that we have been living together in a relationship similar to marriage or civil partnership for a period of 2 years as required under Paragraph 319c of HC395.

We have never lived together apart from when she was here in the UK. But we have been together for three years and I have been to the pHilippines two times and once to Thailand to meet her.

Can you please advice on what to do? I have never appealed for my visa before so I don't know what to do

1.) Do I send it here in the UK?
2.) Can I be a representative?
3.) What evidence can I provide for 2 years living together in a relationship akin to civil partner as I never stayed in the philippines for 2 years in a row. I seriously dont know why they are asking me for it. All I can provide is joint bank account. emails, facebook chats, skype calls, cards to and from, western union receipt, civil partnership certificate, pictures of us together, tickets to the philippine or passport stamps, tickets to Thailand. We do not have prove of the same address as we never lived together. can you please advice what to do
4.) Can I send pictures with my evidence and original documents?

I would appreciate if you could please help me :'(

Thanks

[JS28]

See also Subsisting marriage.

Hi Vinny,

This is what I was thinking of submitting.

Evidence of Relationship
1. Pictures together (La union, Batangas, Tarlac, Baguio, Tagaytay, Manaog, Bohol, Cebu, surprises,Thailand and wedding photoshoot (Philippines), wedding photos (Philippines), Civil partnership photos (U.K.), partnership photoshoot (U.K.), Birmingham, London, Bath, Safari park)
2. Pictures of our holy union
3. Class Pictures and Pictures during First year Highschool
4. Cards from Baljit to June
5. Cards from June to Baljit
6. Copy of Skype communications from December 2009 until April 2013
7. Copy of Facebook communications from 2009 until April 2013
8. Copy of Raspberry messenger communication from March 2012 until September 2012
9. Copy of Whatsapp communication October 2012 until December 2012
10. Copy of Yahoo messenger communication February 2011 until September 2012
11. Emails to one another
12. Western Union receipts
13. Receipt from James Bastable Photography abt wedding photography
14. Giving notice letter
15. Comments on James Bastable Photography’s website
16. Letter to and from Father Richard Mickley
17. Email to the registry office
18. Covering letter from Vinisha Lakha, Reena Gaduu, Janel Sasoy, Janus Enriquez and Marvie Reyes
19. Original and photo copy of our certificate of holy union
20. June passport stamps Thailand and U.K.
21. Baljit’s Passport stamps (Philippines and Thailand)
22. Letter from bank stating when June and Baljit’s joint account at BDO was opened, highlight transfer from western union and the current balance.

Evidence of Intention to live together
1. Communication to one another showing property searches, and Spam searches
2. Letter from Landlord stating that June can live in a one bedroom flat
3. Tenancy Agreement.
4. Communication to one another stating how much we want to be living together.

Can you please advice what else I could possibly submit knowing that I have never lived with my partner and longest I went to stay with her was 5 months as I was doing a degree in the U.K. and got a job during my PSW. I have lived in the UK for 6 and half years now.. 4 years student visa, 2 years PSW and now on Tier 2 G.

Thank you

[vinny]

In the refusal letter it says that we should provide evidence that we have been living together in a relationship similar to marriage or civil partnership for a period of 2 years as required under Paragraph 319c of HC395.

319C(c) is not applicable if you have a marriage or civil partnership.

They should know this.

I note that you travelled to the U.K. in January 2013 and entered a civil partnership with your sponsor.

[JS28]

In the refusal letter it says that we should provide evidence that we have been living together in a relationship similar to marriage or civil partnership for a period of 2 years as required under Paragraph 319c of HC395.

319C(c) is not applicable if you have a marriage or civil partnership.

They should know this.

Hi Vini,

They refused me under 319c What shall I do? Can you please advice.

[vinny]

As suggested, you should show subsisting relationship since your marriage or civil partnership. The 2 years living together is not required, since 319C(c) is not applicable.

The judge will sort this out at the appeal.

[JS28]

As suggested, you should show subsisting relationship since your marriage or civil partnership. The 2 years living together is not required, since 319C(c) is not applicable.

The judge will sort this out at the appeal.

But in the refusal letter it is stating that we should provide evidence. Shall I mention this in the covering letter that I will be submitting with the appeal?

Also, will I be able to send original documents to the Tribunal and will I get this back?

[vinny]

Provide evidence of subsisting marriage/civil partnership. Keep original documents.

All documents in other languages must be translated into English, signed by the translator to certify that the translation is accurate and the translation attached to the original document. Make copies of the completed form and all documents that support your appeal, keep the original documents and send copies with the completed form.

[JS28]

Provide evidence of subsisting marriage/civil partnership. Keep original documents.

All documents in other languages must be translated into English, signed by the translator to certify that the translation is accurate and the translation attached to the original document. Make copies of the completed form and all documents that support your appeal, keep the original documents and send copies with the completed form.

How can I send photocopies of pictures? Also, do I have to translate our conversations? We talk in our language which is tagalog on Skype.

How long does it take for appeal?

[vinny]

Do read the given links in detail before panicking.

[JS28]

Do read the given links in detail.

Okay, Can I send it on behalf of my partner? thanks

[vinny]

I'm not sure if the sponsor can also be the appellant's representative too.

[JS28]

I'm not sure if the sponsor can also be the appellant's representative too.

Does it mean that I would need a solicitor for it?

[JS28]

I'm not sure if the sponsor can also be the appellant's representative too.

If we reapply and get the visa will they issue the first fee back to us?

I was thinking of reapplying as there are so much to do with appealing

[vinny]

I'm not sure if the sponsor can also be the appellant's representative too.

Does it mean that I would need a solicitor for it?

Optional, but probably recommended.

If you are lucky, an ECM may overturn the refusal prior to the appeal.

[vinny]

I'm not sure if the sponsor can also be the appellant's representative too.

If we reapply and get the visa will they issue the first fee back to us?

I was thinking of reapplying as there are so much to do with appealing

They will keep both fees.

[JS28]

I'm not sure if the sponsor can also be the appellant's representative too.

If we reapply and get the visa will they issue the first fee back to us?

I was thinking of reapplying as there are so much to do with appealing

They will keep both fees.

I have read that I can be the representative. If I go for the oral hearing, will I get the decision straight away? Would you recommend it?

[JS28]

I'm not sure if the sponsor can also be the appellant's representative too.

If we reapply and get the visa will they issue the first fee back to us?

I was thinking of reapplying as there are so much to do with appealing

They will keep both fees.

Also, I cannot see anywhere about translating evidence. All it says is documents. I am not sure whether to get the skype, emails, facebook communication translated?

Where Can I get this done in the uk?

[vinny]

I cannot speak for a judge, so don't know if you will be able to get a determination on the day.

Try appealing and see if the ECM will overturn the refusal based on the additional evidence.

Note that a fresh application may also be made at any time.

[JS28]

I cannot speak for a judge, so don't know if you will be able to get a determination on the day.

Try appealing and see if the ECM will overturn the refusal based on the additional evidence.

Note that a fresh application may also be made at any time.

If I make a fresh application and appeal at the same time, will they keep both fees?

Thanks

[vinny]

Yes.

[JS28]

Yes.

Thank you for your help. I will go through the appeal and see what they say. What other evidence can I submit?

[vinny]

The grounds of the appeal is that the refusal is not in accordance with the immigration rules.

Unfortunately, they failed to state which sub-paragraphs of 319C the refusal was based on.

However, the quoted 2 year requirements relates to 319C(c). This is non-applicable, if you are married or in a civil partnership with each other.

As you are apart, you may also consider including evidence of subsisting marriage or civil partnership, as required by 319C(d).