OPtions for refused unmarried partner visa application

[tseb]

I have been granted a Student Tier 4 Visa for the UK. My partner applied for one with me as a dependent on my Tier 4 visa and as an unmarried partner. Mine was accepted and his rejected. We do not yet have the paperwork outlining the specific reasons but just received the email mere hours ago rejecting his application. We were able to prove co-habitation back until August 1, 2012 but had nothing to show co-habitation prior to this, as he lived with me in my home and I did not have him sign a lease. Nor do we have letters addressed to the both of us at that address, as the UKBA asks for. Upon our additional submission of documentation showing travel locations/dates together, we also submitted a receipt for the purchase of the engagement ring (dated prior to our initial notification that his Visa ap was denied) and, in our letter informed them that we had been recently engaged. We have nothing else showing proof that we lived together or anything like life insurance policies with each other listed as beneficiaries prior to August 2012. I have to return to school in the UK within 2 months and we definitely want to go together. I understand he can go under 6 months w/o a Visa but he needs to work. Please outline for us the best approach to take with this situation. It is my understanding that an appeal could take many months. Also, I will need to be in the UL approx. 2 years to finish my studies there so a limited visa under that time is not adequate. Any help would be greatly appreciated.

Many thanks,
tseb

[Wanderer]

No proof, no visa - you need 24 months documentation to show evidence of cohabitation, and from experience there is no leeway at all for this particular visa.

No point in appealing, can you marry?

[tseb]

Thank you for your response. We are wondering now... if I were to go to the UK and he were to stay behind in the USA until and we can show proof of correspondence during that time that takes us up to the 24 months (the next 8 months or so), would these upcoming months of living apart work against the 24 month co-habitation or would correspondence/visits during that time be enough to support that we are still 'together'?

Also, what might our options be regarding a visitors visa? or, how difficult is it to get a work visa if he were able to find a sponsor/employer?

We appreciate your time.

Many thanks.
tseb

[Wanderer]

Thank you for your response. We are wondering now... if I were to go to the UK and he were to stay behind in the USA until and we can show proof of correspondence during that time that takes us up to the 24 months (the next 8 months or so), would these upcoming months of living apart work against the 24 month co-habitation or would correspondence/visits during that time be enough to support that we are still 'together'?

Also, what might our options be regarding a visitors visa? or, how difficult is it to get a work visa if he were able to find a sponsor/employer?

We appreciate your time.

Many thanks.
tseb

Don't think so - we got a UPV eventually but couldn't apply earlier due to my partner being abroad for six months, to gap was just too long..

The correspondence has to be proof of living together as man and wife, and it's closely scrutinised so all boxes have to be ticked.

He could visit you in UK and clock up another six months but that would leave you still 2 months short and the UKBA won't even accept that and might be difficult now anyway with a visa rejection. Also you cannot work on a visit visa.

Tier 1 work permits are closed now, the only option is to look for a Tier 2 sponsor, but he would need to be highly skilled or have a rare skill in demand.

Could try BUNAC but I know nothing out that, worth Googling...

[tseb]

Thank you again for your reply-- it is much appreciated.

If we were to get married, is that a pretty solid way to assure he would be granted a Visa. Also, my understanding is he would be able to work over there, if we were married, since I have been approved to stay over 12 months-- correct?

If we were to be married, would he have to re-apply under a 'married' status or can we amend his initial application? I know its a long shot but have to ask.

Again, many thanks!
tseb

[tseb]

Hi, I am wondering if we were to be married, and I have already been granted a Tier 4 Visa, would it be a most likely sure thing that he is granted a visa as my dependent?

What if I travel a month or two before my partner and he joins me later (if we were married prior to me leaving, of course)? Would traveling separately pose problems for him getting a visa?

Many thanks,
tseb

[Wanderer]

Hi, I am wondering if we were to be married, and I have already been granted a Tier 4 Visa, would it be a most likely sure thing that he is granted a visa as my dependent?

What if I travel a month or two before my partner and he joins me later (if we were married prior to me leaving, of course)? Would traveling separately pose problems for him getting a visa?

Many thanks,
tseb

Him arriving later is not an problem, the other round would be! Your main issue would be passing the financial test, not sure of the amounts, but you'd need to show a hefty amount in the bank for his support.

Also if course is 12 months long or less he can't work. Also course has to be postgrad for him to come.

[tseb]

Thanks for the reply! Could you please clarify what you mean by "Him coming later would not be a problem" specifically-- "The other round would be"?

His finances are sufficient. My visa is for longer than 12 months and it is post-grad so those should not be concerns.

Thank you!
tseb

[tseb]

Also... will I have to submit a new Visa application if we become married (even though I have been approved)-- either due to the change in marital status or because he would then be applying as my spouse and if/does the UKBA requires that we submit applications at the same time?

Many thanks.
tseb

[tseb]

Does anyone know.... If we were to get married after the date the Visa application was submitted online (so a to get a biometrics appointment set asap) but before the date the paper version of the application (along with marriage certificate) is sent in, would this pose a problem with the UKBA processing it as a MARRIED dependent visa?
We are under a time crunch.
Please help!

Many many thanks,
tseb

[anniecc]

As part of the application your partner will need to tick a box indicating his current marital status and then sign a statement saying that the information contained is complete and true to the best of his knowledge. If you're yet to be married I can't see how he can submit an application on the basis that he is your spouse.

It won't be a problem if you travel to the UK first and then your partner joins you later. You do not need to reapply. He will have to complete a separate application on the VAF10 form:

http://www.ukba.homeoffice.gov.uk/sitec ... /vaf10.pdf

The alternatives are to come on a visit visa (but he wouldn't be able to work, and would be restricted to a six month stay) or to apply for a work visa in his own right. For the work visa he would need employer sponsorship and is unlikely to get it unless he has skills that are particularly in demand. He'd need to find a job and apply for the work visa from the US - he can't come on a visit visa to look for work.

[tseb]

This is very helpful! Many thanks for your reply!

Kind regards,
tseb