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What happens if unmarried partner FLR(M) is rejected?

General UK immigration & work permits; don't post job search or family related topics!

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dazed&confused
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What happens if unmarried partner FLR(M) is rejected?

Post by dazed&confused » Thu Jan 31, 2008 3:53 pm

Hi everyone

I am about to apply for an unmarried partner visa. I was wondering if the visa is refused what happens then? As my current visa (WHM) expires when I submit my application, I will not have a right to remain. Does this mean I will be required to leave the country and if so, is there a general rule of thumb how long they give you to leave??

Cheers very much
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Dawie
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Location: Down the corridor, two doors to the left

Post by Dawie » Thu Jan 31, 2008 4:54 pm

If your visa is refused you will have to leave the country as you will not have any leave to remain in the UK. If your application is refused, you should receive a written notification to the effect that you no longer have valid leave to remain in the UK and have to leave in X number of days.

Good luck!
In a few years time we'll look back on immigration control like we look back on American prohibition in the thirties - futile and counter-productive.
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dazed&confused
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Post by dazed&confused » Thu Jan 31, 2008 5:01 pm

Thanks for your reply Dawie - I thought that might be the case. Is there a general amount of time they give you? I have been living here for two years and not only would I have to finalise everything so would would my partner because he not going to stay here I can't. That would involve him closing his business and saying goodbye to his family - not something that can be done in a matter of days!
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paulp
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Post by paulp » Thu Jan 31, 2008 5:02 pm

The home office usually gives 28 days from the date of the refusal.
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dazed&confused
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Post by dazed&confused » Thu Jan 31, 2008 5:08 pm

Is my understanding correct that as I do not have a leave to remain that I am entitled to appeal?? Obviously, I am really hoping my visa is approved I am just trying to prepare for the worst! Thanks for the reply paulp
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paulp
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Post by paulp » Thu Jan 31, 2008 5:15 pm

It's never easy making plans in these circumstances. If the worst comes to the worst, can you get married back home and come back on a spouse visa? If you prepapre your application properly, it shouldn't come to that.
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paulp
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Post by paulp » Thu Jan 31, 2008 5:16 pm

Oh yes, there may also be the option of an appeal.
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dazed&confused
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Post by dazed&confused » Thu Jan 31, 2008 5:20 pm

Thanks for the info. Have prepared our application with great care so hopefully will be okay. Am not prepared to get married just so that we can stay here. If we do get married one day it will be because we are ready to not because its the only way to stay in the UK. If it all goes pear shaped we will go to Australia (where I am from) and think about our options there.
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