Hi
This is my wife's visa refusal letter. Complicated immigration history..
What shall we do next you think?
Appeal or reapply after returning to Nepal? We want to appeal at least to buy more time..
Any tips will be appreciated..
Sorry for the length of message
Thank you
Regards
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GOV.UK
Dear
Your application and human rights claim made on 19th April 2021 is refused.
What this means for you
You can appeal this decision. Instructions on how to appeal are in the ‘next steps’ section of this letter.
If you think there are reasons why we should allow you to stay in the UK you must tell us now. Instructions on how to do this are in the ‘next steps’ section of this letter.
If you do not appeal you must leave the country.
The reasons for this decision are set out on the next page.
Yours sincerely,
SW
UKVI
on behalf of the Secretary of State
REASONS FOR REFUSAL ROA
On 19th April 2021 you made a human rights claim in an application for leave to remain in the UK under Appendix FM to the Immigration Rules on the basis of your family life with your partner.
Your application has been considered under those Rules, with reference to Article 8 of the European Convention on Human Rights (ECHR). The relevant Immigration Rules can be viewed on gov.uk here:
www.gov.uk/guidance/immigration-rules.
This decision takes into account as a primary consideration the best interests of any relevant child in line with the Secretary of State’s duty under section 55 of the Borders, Citizenship and Immigration Act 2009.
Immigration History
You entered the UK on 21st September 2009, with Leave to Enter as a Tier 4 (General) Dependant partner, valid from 9th September 2009 to 28th July 2010.
On 14th July 2010 you applied for Leave to Remain as a Tier 4 Dependant Partner Applying with Relatives, which was granted on 10th January 2011 and valid until 16th December 2013.
On 25th September 2013 you applied for Leave to Remain as a Tier 4 Dependant Partner Applying with Relatives, which was granted on 18th October 2013 and valid until 30th January 2015.
On 30th January 2015 you applied for Outside the Rules Comp. Grounds – Leave to Remain, which was Refused with No Right of Appeal on 6th March 2015.
On 24th March 2015 you lodged an Appeal, which was dismissed at the First Tier Hearing and your appeal rights were exhausted on 15th June 2016.
On 22nd July 2016 you applied for Outside the Rules Comp. Grounds – Leave to Remain, which was Refused under Paragraph 353 with No Right of Appeal on 15th December 2017.
On 18th April 2018 you applied for Outside the Rules Comp. Grounds – Leave to Remain, which was Rejected on 18th June 2018.
On 6th June 2019 you submitted an Asylum Claim and the AIU Appointment was attended.
On 7th June 2019 you were served with ILL EN 101 Papers.
On 13th June 2019 you submitted an Asylum Claim which you subsequently withdrew on 23rd June 2021.
On 19th April 2021 you applied for Further Leave to Remain as a Spouse/Partner.
Family Life
You have told us that you are in a relationship in the UK with your partner, Mr xxxxx. As you are eligible to apply as a partner under Appendix FM, we have considered your claim under the partner route and not the parent route.
We have considered your application under Section R-LTRP of Appendix FM. However, you do not qualify for leave to remain under the 5-year or 10-year partner route for the following reasons:
Suitability
Under paragraphs R-LTRP.1.1.(c)(i) and R-LTRP.1.1.(d)(i), your application does not fall for refusal on grounds of suitability under Section S-LTR of Appendix FM.
Eligibility
Under paragraph R-LTRP.1.1.(c)(ii) and R-LTRP.1.1.(d)(ii), you do not meet all of the eligibility requirements of Section E-LTRP of Appendix FM for the following reasons:
Eligibility Relationship Requirement
You meet the eligibility relationship requirement paragraphs E-LTRP.1.1. to 1.12.
Eligibility Immigration Status Requirement
You do not meet the eligibility immigration status requirement paragraphs E-LTRP.2.1. to 2.2. because it is noted that your previous leave as Tier 4 Dependant Partner Applying with Relatives ended on 30th January 2015. You have therefore been without valid leave in the United Kingdom for 7 years and 1 month and paragraph 39E does not apply. You therefore fail to fulfil E-LTRP.2.2. of Appendix FM of the Immigration Rules.
Eligibility Financial Requirement
You meet the eligibility financial requirement paragraphs E-LTRP.3.1. to 3.4.
Eligibility English Language Requirement
You meet the eligibility English language requirement paragraphs E-LTRP.4.1. to 4.2.
EX.1. Requirement
We have considered whether you are exempt from meeting certain eligibility requirements under Section R-LTRP of Appendix FM because paragraph EX.1. applies.
We have carefully considered whether paragraph EX.1. of Appendix FM applies to your application, and therefore whether you meet the requirements of paragraph R-LTRP.1.1.(d)(iii) of Appendix FM.
You have a genuine and subsisting relationship with your partner. We note the points you have raised in your application; however, the Secretary of State has not seen any evidence that there are insurmountable obstacles in accordance with paragraph EX.2. of Appendix FM which means the very significant difficulties which would be faced by you or your partner in continuing your family life together outside the UK in Nepal, and which could not be overcome or would entail very serious hardship for you or your partner.
You have stated you would find it difficult to re-integrate into life in Nepal, as you suffered domestic abuse in a previous relationship, whilst living in Nepal and therefore you feel your life would be in danger if you returned to Nepal alone. It is noted that you submitted an Asylum claim on this basis, however you subsequently withdrew the claim. In addition to this, you have stated that the domestic abuse took place in Nepal, prior to you entering the UK on 21st September 2009 and you have stated in your application form that you returned to Nepal in 2013 for a family visit. It is therefore accepted that you would be able to return to Nepal, with support from your family. In addition to this, it is reasonable to suggest that you do not have to return to the area in Nepal, in which you encountered your former partner.
You have also stated that you would not be able to continue your private life with your partner, outside the UK due to his work and his family. You have not provided any evidence to suggest your partner would not be able to find gainful employment in Nepal and it is reasonable to suggest he would be able to use the skills and knowledge he has gained in the UK, to help him find employment in Nepal. It is noted that your partner has a daughter in the UK, however it is noted that she is over the age of 18 and she does not reside with you or your partner. It is therefore reasonable to suggest she would be able to continue living independently in the UK, if you and your partner were to leave the UK.
It is noted that you also have a daughter in the UK, however she is not a British Citizen and she is also over the age of 18. It is noted that she is currently studying in the UK and she is not currently residing with you or your partner. It is therefore reasonable to suggest she would be able to continue living independently in the UK, if you and your partner were to leave the UK.
It is noted that your partner is not required to leave the UK and it is reasonable to suggest you could continue your relationship via Visit Visa’s or Electronic means, until such time that you can make a successful application for the correct entry clearance. You did not have valid leave when you entered into a relationship with your partner and therefore from the outset, all parties should have been aware of the possibility that family life might not be able to continue in the UK.
You resided in Nepal until 21st September 2009, which includes your childhood, formative years and a portion of your adult life. It is accepted that you will have retained knowledge of the life, language and culture, and would not face significant obstacles to re-integrating into life in Nepal once more. You have stated in your application form that you have family remaining in Nepal and you have provided no evidence that they would not be able to assist you or accommodate you on your return. You have already demonstrated your ability to adapt to life in another country, which on your arrival the UK, was a completely new environment to you. Given your ability to integrate into life in the UK, a country you had no knowledge or experience of, it is considered you would be able to re-integrate into the culture and way of life in your country of origin, a country in which you have previously lived.
It is noted that you have stated you are unable to leave the UK due to the current Covid-19 Pandemic, however it is noted that essential travel to Nepal is being permitted, following the correct travel advice and entry requirements. It is therefore reasonable to suggest you would be able to return to Nepal.
You therefore fail to meet the requirements of EX.1.(b) of Appendix FM of the Immigration Rules so paragraph EX.1. does not apply in your case.
You have a child in the UK but you do not meet the requirements of paragraph EX.1.(a) of Appendix FM because she is not a British Citizen and she is also over the age of 18. It is noted that she is currently studying in the UK and she is not currently residing with you or your partner. It is therefore reasonable to suggest she would be able to continue living independently in the UK, if you and your partner were to leave the UK. Therefore paragraph EX.1. does not apply in your case.
Your partner also has a child in the UK but you do not meet the requirements of paragraph EX.1.(a) of Appendix FM because she is over the age of 18 and she does not reside with you or your partner. It is therefore reasonable to suggest she would be able to continue living independently in the UK, if you and your partner were to leave the UK. Therefore paragraph EX.1. does not apply in your case.
In view of the above the Secretary of State is not satisfied that EX.1. applies in your case and so you do not meet the requirements of paragraph R-LTRP.1.1.(d)(iii) of Appendix FM.
Private Life
We have considered your application under the private life Rules under paragraph 276ADE(1) in Part 7 of the Immigration Rules. However, you do not qualify for leave to remain under the 10-year private life route for the following reasons:
Suitability
Your application does not fall for refusal on grounds of suitability in Section S-LTR of Appendix FM under paragraph 276ADE(1)(i) of the Immigration Rules.
Eligibility
All statements below relate to your age at the date of application.
From the information you have provided, it is noted that you are a national of Nepal and you entered the UK on 21st September 2009.
You have therefore lived in the UK for under 12 years and 6 months and it is not accepted you have lived continuously in the UK for at least 20 years. Consequently you fail to meet the requirements of paragraph 276ADE(1)(iii) of the Immigration Rules.
You are over the age of 18. Consequently you fail to meet the requirements of paragraph 276ADE(1)(iv) of the Immigration Rules.
You are not aged between 18 and under 25 years. Consequently you fail to meet the requirements of paragraph 276ADE(1)(v) of the Immigration Rules.
In order to meet the requirements of paragraph 276ADE(1)(vi), an applicant must show that they are aged 18 or above and that there would be very significant obstacles to their integration into the country to which they would have to go if required to leave the UK. It is not accepted that there would be very significant obstacles to your integration into Nepal, if you were required to leave the UK because you spent your formative years and a significant part of your adult life there and it is accepted that you will have retained knowledge of the life, language and culture, and would not face significant obstacles to re-integrating into life there once more. Consequently you fail to meet the requirements of paragraph 276ADE(1)(vi) of the Immigration Rules.
Exceptional Circumstances
We have considered, under paragraph GEN.3.2. of Appendix FM, whether there are exceptional circumstances in your case which would render refusal a breach of Article 8 of the ECHR because it would result in unjustifiably harsh consequences for you or your family. In so doing we have taken into account, under paragraph GEN.3.3 of Appendix FM, the best interests of any relevant child as a primary consideration.
Based on the information you have provided we have decided that there are no such exceptional circumstances in your case.
You have stated you would find it difficult to re-integrate into life in Nepal, as you suffered domestic abuse in a previous relationship, whilst living in Nepal and therefore you feel your life would be in danger if you returned to Nepal alone. It is noted that you submitted an Asylum claim on this basis, however you subsequently withdrew the claim. In addition to this, you have stated that the domestic abuse took place in Nepal, prior to you entering the UK on 21st September 2009 and you have stated in your application form that you returned to Nepal in 2013 for a family visit. It is therefore accepted that you would be able to return to Nepal, with support from your family. In addition to this, it is reasonable to suggest that you do not have to return to the area in Nepal, in which you encountered your former partner.
You have also stated that you would not be able to continue your private life with your partner, outside the UK due to his work and his family. You have not provided any evidence to suggest your partner would not be able to find gainful employment in Nepal and it is reasonable to suggest he would be able to use the skills and knowledge he has gained in the UK, to help him find employment in Nepal. It is noted that your partner has a daughter in the UK, however it is noted that she is over the age of 18 and she does not reside with you or your partner. It is therefore reasonable to suggest she would be able to continue living independently in the UK, if you and your partner were to leave the UK.
It is noted that you also have a daughter in the UK, however she is not a British Citizen and she is also over the age of 18. It is noted that she is currently studying in the UK and she is not currently residing with you or your partner. It is therefore reasonable to suggest she would be able to continue living independently in the UK, if you and your partner were to leave the UK.
It is noted that your partner is not required to leave the UK and it is reasonable to suggest you could continue your relationship via Visit Visa’s or Electronic means, until such time that you can make a successful application for the correct entry clearance. You did not have valid leave when you entered into a relationship with your partner and therefore from the outset, all parties should have been aware of the possibility that family life might not be able to continue in the UK.
You resided in Nepal until 21st September 2009, which includes your childhood, formative years and a portion of your adult life. It is accepted that you will have retained knowledge of the life, language and culture, and would not face significant obstacles to re-integrating into life in Nepal once more. You have stated in your application form that you have family remaining in Nepal and you have provided no evidence that they would not be able to assist you or accommodate you on your return. You have already demonstrated your ability to adapt to life in another country, which on your arrival the UK, was a completely new environment to you. Given your ability to integrate into life in the UK, a country you had no knowledge or experience of, it is considered you would be able to re-integrate into the culture and way of life in your country of origin, a country in which you have previously lived.
It is noted that you have stated you are unable to leave the UK due to the current Covid-19 Pandemic, however it is noted that essential travel to Nepal is being permitted, following the correct travel advice and entry requirements. It is therefore reasonable to suggest you would be able to return to Nepal.
I am sorry that the decision to refuse your application has caused you distress.
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