FLR(M) Visa Refusal Unmarried Partner of British Citizen

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FLR(M) Visa Refusal Unmarried Partner of British Citizen


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Old 19th January 2017, 12:26 PM
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Default FLR(M) Visa Refusal Unmarried Partner of British Citizen

19 December 2016

Typed verbatim, including all grammatical and punctuation errors, in the interest of informing future applicants in a similar situation. My notes will all be bracketed [ ] for ease of differentiation.

Dear ______,

Your application for leave to remain has been refused. You must now leave the United Kingdom.
We have considered your application for leave to remain and have refused it. Your human rights claim has therefore been refused. You must now leave the United Kingdom. Your claim has been certified as clearly unfounded.

What this means for you.
You can only appeal this decision after you have left the United Kingdom.
You must leave the United Kingdom now because you are liable to be detained and removed.
Persons who overstay may be subject to a re-entry ban of up to 10 years. You may be prosecuted for the offence of overstaying, the penalty for which is fine and/or up to 6 months imprisonment.
While in the United Kingdom you may not work or access benefits.

Further information
Annex A, attached to this letter, explains the reasons for refusal of your human rights application. Annex B, also attached, informs you of the legal consequences and what you should do now.

Yours Sincerely,

______
Home Office
On behalf of the Secretary of State

[Continued in reply due to character limit.]

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Old 19th January 2017, 12:27 PM
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ANNEX A – REASONS FOR DECISION
Date of decision: 19 December 2016

Your case has not been considered by the Secretary of State personally, but by an official acting on her behalf.

Immigration History
It is noted that you entered the United Kingdom on 25 April 2016 and landed as a visitor until 25 October 2016.

Refusal of Your Application for Leave to Remain
On 21 October 2016 you applied for leave to remain in the United Kingdom on a FLR (M) application form and indicated the immigration route you wanted consideration under was Unmarried Partner of a British citizen.

Your application for leave to remain on the basis of your family and private life in the United Kingdom has been considered under the partner and private life routes contained within Appendix FM and paragraphs 276ADE(1)-CE of the Immigration Rules, and outside the Rules on the basis of exceptional circumstances.

[Asked that we be considered outside of the rules considering my visitor status because there is no legal option for us to cohabitate for 2 or more years.]

Decision under the 5-year Partner route
You have stated that you are in a relationship with your partner ________.

We have considered whether you meet the requirements for leave to remain as a partner under paragraph R-LTRP.1.1.(a), (b), and © in Appendix FM of the Immigration Rules. The requirements of paragraph R-LTRP.1.1.(c) of Appendix FM of the Immigration Rules are that:
(i) the applicant must not fall for refusal under Section S-LTR: Suitability leave to remain; and
(ii) the applicant meets all of the requirements of Section E-LTRP: Eligibility for leave to remain as a partner.

Suitability
It is accepted that you meet the suitability requirements in S-LTR of paragraph R-LTRP.1.1.(c)(I).

Eligibility
It is not accepted that you meet the eligibility requirements of paragraph R-LTRP.1.1.(c)(ii) for the following reasons:
E-LTRP.1.2. The applicant's partner must be-
(a) a British Citizen in the UK;
(b) present and settled in the UK; or
(c) in the UK with refugee leave or as a person with humanitarian protection.
You are currently in the UK as a visitor, In order to qualify for further leave as a partner under Appendix FM you must not be in the UK as a visitor. You therefore fail to fulfil E-LTRP.2.1 of appendix FM of the Immigration Rules.

[This cites that I haven't met the requirements of E-LTRP.1.2 - which is clearly an oversight/error, because it then references E-LTRP.2.1. My partner is quite obviously a British Citizen in the UK, as evidenced by his passport, NI card, employment letter, pay slips, and tenancy statements.]

E-LTRP.1.7. The relationship between the applicant and their partner must be genuine and subsisting.
You have not provided any substantial evidence that you have cohabited akin to marriage for the past 2 years.

[Provided evidence of our long-distance relationship since January 2013 and explained that there is no legal option for us to live together for 2 or more years outside of marriage, which we won't rush into.]

E-LTRP.1.10. The applicant and their partner must intend to live together permanently in the UK and, in any application for further leave to remain as a partner (except where the applicant is in the UK as a fiancé(e) or proposed civil partner and in any application for indefinite leave to remain as a partner, the applicant must provide evidence that, since entry clearance as a partner was granted under paragraph D-ECP1.1, or since the last grant of limited leave to remain as a partner, the applicant and their partner have lived together in the UK or there is good reason, consistent with a continuing intention to live together permanently in the UK, for any period in which they have not done so.
It is noted in your application form that you state that you began living with your partner on 25 April 2016. As part of the application from you signed the declaration stating that the information you have given in your application is complete and true to the best of your knowledge. Therefore you have not been living with your partner akin to marriage for 2 years and do not meet the definition of partner outlined in GEN.1.2. You do not meet the requirement of E-LTRP.1.2 of the immigration rules.

[E-LTRP.1.2 is cited again, implying that my partner is not a British Citizen in the UK, whcn they meant to cite E-LTRP.2.1.]

E-LTRP.2.1. The applicant must not be in the UK-
(a) as a visitor; or
(b) with valid leave granted for a period of 6 months or less, unless that leave is as a fiancé(e) or proposed civil partner, or was granted pending the outcome of family court or divorce proceedings
You are currently in the UK as a visitor who entered on 25 April 2016. In order to qualify for further leave as a partner under Appendix FM you must not be in the UK as a visitor. You therefore fail to fulfil E-LTRP.2.1 of appendix FM of the Immigration Rules.

E-LTRP.3.1. The applicant must provide specified evidence, from the sources listed in paragraph E-LTRP.3.2, of-
(a)a specified gross annual income of at least-
(i) £18,600
(ii) an additional £3,800 for the first child; and
(iii) an additional £2,400 for each additional child; alone or in combination with
(b) specified savings of-
(i) £16,000
(ii) additional savings of an amount equivalent to 2.5 times the amount which is the difference between the gross annual income from the sources listed in paragraph E-LTRP.2.1.(a)-(f) and the total amount required under paragraph E-LTRP.2.1.(a); or
(c) the requirements in paragraph E-LTRP.3.3being met, unless paragraph EX.1. applies.

You are required to meet an income threshold of £18,600. You have stated within your application form and evidence bundle that your total income from all sources is £32,050 21 October 2016. You have provided pay slips for May, June, July and September, no employers letter. You have provided no alternative financial evidence under any other financial route to meet the short fall. Therefore you have failed to meet the necessary income threshold of £18,600.

In view of the fact that you have not provided the specified evidence as required in Appendix FM-SE to the Immigration Rules, we are not satisfied that you have met the financial requirement.

Consequently, you fail to meet the eligibility requirements of paragraph R-LTP.1.1.(c)(ii) because you fail to meet paragraph E-LTRP.1.2, 1.7, 1.10, 2.1 & 3.1 of Appendix FM of the Immigration Rules.

[We provided more than four pay slips, which were returned with the lettter...? There was an employment letter provided as well, but we didn't receive that with the letter. Also, the total income from all sources they've stated is wrong. All together, his income and mine, we have a gross income of over £34,000, as evidenced by pay slips, bank statements, and the employment letter. And again, it is cited that we don't meet R-LTRP.1.2, even though we do because my partner is a British Citizen in the UK.]

Decision under the 10-year Partner route
We have considered whether you meet the requirements for leave to remain as a partner under \paragraph R-LTRP.1.1.(a), (b) and (d) of Appendix FM of the Immigration Rules. The requirements of paragraph R-LTRP.1.1.(d) of Appendix FM of the Immigration Rules are that:
(i) the applicant must not fall for refusal under \Section S-LTR: Suitability leave to remain; and
(ii) the applicant meets the requirements of paragraphs E-LTRP.1.2.-1.12. And E-LTRP.2.1.-2.2.; and
(iii) paragraph EX.1. applies.

Suitability
It is accepted that you meet the suitability requirements in S-LTR of paragraph R-LTRP.1.1.(d)(I).

Eligibility
It is not accepted that you meet the requirements of paragraphs E-LTRP.1.2, 1.7, 1.10 & 2.1 of Appendix FM. The reasons you do not meet are referenced in the eligibility section referenced under the 5 year partner route consideration above.
Therefore you fail to meet the eligibility requirements of paragraph R-LTRP.1.1.(d)(ii) because you fail to meet paragraph E-LTRP.1.2. 1.7 1.10, 2.1 & 3.1 of Appendix FM of the Immigration Rules.

[E-LTRP.1.2 is incorrectly cited again.]

EX.1.
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 claim to have a partner in the UK but it is not accepted that your relationship with your partner is genuine and subsisting.

You have provided no evidence to show that you have being living together akin to marriage a 2 year period. You therefore fail to meet the requirement of paragraph E-LTRP.1.2, 1.7 1.10 of Appendix FM of the Immigration Rules and the requirements of EX.1.(b) of Appendix FM so paragraph EX.1. does not apply in your case.

You have raised the fact that your sponsor has a child, however, you have stated that ______ lives with her biological mother and you only seen her once a fortnight. Also it is not accepted that your relationship is genuine.

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.

[E-LTRP.1.2 is incorrectly cited again.]

Refusal Paragraph under Partner Rules

In light of the above, your application is refused under paragraph D-LTRP.1.3. with reference to paragraph R-LTRP.1.1.(c), (ii) and (d), (ii), (iii), of Appendix FM, and you do not qualify for leave under the partner route.

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Old 19th January 2017, 12:28 PM
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Decision under 10-year Private Life Route
We have considered whether you meet the requirements for the 10-year private life route. The requirements of paragraph 276ADE(1) of the Immigration Rules are that at the date of application, the applicant:
(i) does not fall for refusal under any of the grounds in Section S-LTR.1.2. to S-LTR2.3. and S-LTR.3.1. in Appendix FM; and
(ii) has made a valid application for leave to remain on the ground of private life in the UK; and
(iii) has lived continuously in the UK for at least 20 years (discounting any period of imprisonment); or
(iv) is under the age of 18 years and has lived continuously in the UK for at least 7 years (discounting any period of imprisonment) and it would not be reasonable to expect the applicant to leave the UK; or
(v) is aged 18 years or above and under 25 years and has spent at least half of his life living continuously in the UK (discounting any period of imprisonment).
(vi) subject to sub-paragraph (2), is aged 18 years or above, has lived continuously in the UK for less than 20 years (discounting any period of imprisonment) but there would be very significant obstacles to the applicant's integration into the country to which he would have to go if required to leave the UK.

Suitability
It is accepted that you meet the suitability requirements of paragraphs S-LTR.1.2. to S-LTR2.3. and S-LTR.3.1. of Appendix FM, and so you meet the requirements of paragraph 276ADE(1)(i) of the Immigration Rules.

Eligibility
When considering the requirements outlined in paragraph 276ADE(1), it is noted that you are a national of the United States of America and that you entered the UK on 25 April 2016. At the date of your application you were __ years old. [over 25]
You have therefore lived in the UK for 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), and 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 United States of America if you were required to leave the UK because you have spent 32 years in your home country, therefore it is not accepted that you haev lost all ties there. Consequently you fail to meet the requirements of paragraph 276ADE(1)(vi) of the Immigration Rules.

Refusal Paragraph under Private Life
In view of the above, the Secretary of State is not satisfied that you meet the requirements for the 10-year private life route in paragraph 276ADE(1) of the Immigration Rules. Your application is refused under paragraph 276CE with reference ot paragraph 276ADE(1)(iii), (iv), (v), and (vi) of the Immigration Rules and you do not qualify for leave to remain under the 10-year private life route.

Decision on Exceptional Circumstances
In support of your claim you state that you and your partner cannot return to United States of America due to your partners employment. There is nothing to prevent you from returning to America and applying for entry clearance.
We have considered whether your application raises any exceptional circumstances relating to yourself, any dependants on your application, or any wider family members, which consistent with the right to respect for private and family life contained in Article 8 of the European Convention on Human Rights, might warrant a grant of leave to remain in the United Kingdom outside the requirements of the Immigration Rules.
It has therefore been decide that there are no exceptional circumstances in your case. Consequently your application does not fall for a grant of leave to remain outside the Rules.

Certification
After consideration of all the evidence available, your claim has been certified under section 94(1) of the Nationality, Immigration and Asylum Act 2002 because the Secretary of State is not satisfied that it is not clearly unfounded. This is because you have failed to demonstrate why you and your partner cannot continue with your relationship in another country.

This means that you may not appeal while you are in the United Kingdom.
After considering all the evidence available it has been decided that your human rights claim is clearly unfounded and it has been certified under section 94(1) of the Nationality, Immigration and Asylum Act 2002. this is because you have not demonstrated any insurmountable obstacles that would warrant a grant of leave outside the rules. You have also stated you have family you can return to.

[I stated that I have family in the U.S., but never stated that I can return to them. I don't have that option. When I return to the U.S., I will be homeless due to unforseen circumstances.]

This means that you may not appeal while you are in the United Kingdom.

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Old 19th January 2017, 12:29 PM
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ANNEX B – ENFORCEMENT NOTICE
This information notice accompanies the enclosed decision refusing your application for leave to remain.

RIGHT OF APPEAL
You have a right of appeal against this decision under section 82 of the Nationality, Immigration and Asylum Act 2002 because the Secretary of State has decided to refuse your human rights claim. You must leave the United Kingdom before you can appeal.

Once you have left the United Kingdom, if you wish to appeal, please visit the website; https://www.gov.uk/immigration-asylum-tribunal for further information on process and application forms.

You may also appeal against the refusal of your human rights claim on the ground that the decision is unlawful under section 6 of the Human Rights Act 1998. You should not appeal on grounds which do not apply to you. You must also give arguments and any supporting evidence which supports the grounds you rely on.

Further advice about the appeal process and details of any fees payable are available from the First-tier Tribunal web site: http://www.justice.gov.uk/tribunals/...asylum/appeals.

Should you wish to appeal, you must do so within twenty-eight days of your departure from the United Kingdom.

IMMIGRATION HEALTH SURCHARGE
If you have made an Immigration Health Surcharge payment in relation to your refused application for leave to remain, it may be refundable. If you do not appeal, it will be refunded after the time limit for appealing has expired. If you appeal, it will only be refunded if your appeal is unsuccessful. If and when your Immigration Health Surcharge is refundable, we will provide you with further information about this.

LIABILITY FOR REMOVAL
Persons who require, but no longer have leave to enter or remain are liable to removal from the United Kingdom under section 1- of the Immigration and Asylum Act 1999 (as amended by the Immigration Act 2014).
You may be detained or placed on reporting conditions.
If you do not extend your leave to remain on another basis, you will be liable to enforced removal to United States of America.
If you wish to seek legal advice you must do so now.
You will be given further notice of when you will be removed.

CONSEQUENCES OF ILLEGALLY STAYING IN THE UNITED KINGDOM
If you stay in the UK without leave:
  • You can be detained
    You can be prosecuted, fined and imprisoned
    You can be removed and banned from returning to the UK
    You will not be allowed to work
    You will not be able to rent a home
    You will not be able to claim any benefits and can be prosecuted if you try to
    You can be charged by the NHS for medical treatment
    You can be denied access to a bank account
    DVLA can prevent you from driving by taking away your driving licence

IF YOU HAVE FURTHER REASONS FOR WANTING TO STAY IN THE UNITED KINGDOM
If you have reasons to stay in the United Kingdom that were not part of your recent application, you must state them. This requirement is being given under section 120 of the Nationality, Immigration and Asylum Act 2002. If you do not tell us as soon as reasonably practicable and you tell us later without good reason, you will lose any right of appeal you may have otherwise qualified for if we refuse your claim.

If you fail to depart from the United Kingdom and your circumstances change so that you have new reasons or grounds for wishing to remain in the United Kingdom, you must tell us about them, by making an application to remain in United Kingdom, as soon as reasonably practicable. You can find our application forms on GOV.UK at the following address: www.gov.uk/ukvi.

HELP AND ADVICE ON RETURNING HOME
The Home Office Voluntary Departure Service can be contacted for help on returning home.

The team can discuss your return, obtain your travel document and send it to the port of departure, help with the cost of your tickets or provide other practical assistance.
Telephone: 0300 004 0202 (Monday – Friday between 9.00 and 17.30)
Fax: 0870 336 9544

You can email the teams. Email:
[email protected] if you are planning a voluntary departure from the UK and need help with your travel document or cost of flight but do not require a special assistance.

[email protected] if you are planning a voluntary departure from the UK but require special assistance which includes help with your medical needs or reintegration into the country of your return.

Please tell us what you think of this service by completing our anonymous customer satisfaction survey. To access the survey, simply type the web address into your internet browser or scan the QR code with your smart phone.
https://www.homeofficesurveys.homeof...s/visasurveyuk

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Old 19th January 2017, 12:40 PM
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Well, 1st of all, you can't apply for any visa from within the UK if you are on a tourist visa.

Your income cannot be used to meet the financial requirement.

You have not lived together for 2 years.

I have only skimmed the text but sounds like you were rightly refused in several points.

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Old 19th January 2017, 01:38 PM
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Quote:
Originally Posted by 3nmarsh View Post
ANNEX A – REASONS FOR DECISION
Date of decision: 19 December 2016

Your case has not been considered by the Secretary of State personally, but by an official acting on her behalf.

Immigration History
It is noted that you entered the United Kingdom on 25 April 2016 and landed as a visitor until 25 October 2016.

Refusal of Your Application for Leave to Remain
On 21 October 2016 you applied for leave to remain in the United Kingdom on a FLR (M) application form and indicated the immigration route you wanted consideration under was Unmarried Partner of a British citizen.
This alone is enough to refuse your application. If you come to this forum before your application on 21 October 2016, many of us will tell you that you cannot apply for a FLR(M) while you are on a tourist visit in the UK. It is in your own best interest to return to the US and reapply there once you meet all the requirements.

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Old 19th January 2017, 01:43 PM
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Quote:
Originally Posted by 3nmarsh View Post

E-LTRP.3.1. The applicant must provide specified evidence, from the sources listed in paragraph E-LTRP.3.2, of-
(a)a specified gross annual income of at least-
(i) £18,600
(ii) an additional £3,800 for the first child; and
(iii) an additional £2,400 for each additional child; alone or in combination with
(b) specified savings of-
(i) £16,000
(ii) additional savings of an amount equivalent to 2.5 times the amount which is the difference between the gross annual income from the sources listed in paragraph E-LTRP.2.1.(a)-(f) and the total amount required under paragraph E-LTRP.2.1.(a); or
(c) the requirements in paragraph E-LTRP.3.3being met, unless paragraph EX.1. applies.

You are required to meet an income threshold of £18,600. You have stated within your application form and evidence bundle that your total income from all sources is £32,050 21 October 2016. You have provided pay slips for May, June, July and September, no employers letter. You have provided no alternative financial evidence under any other financial route to meet the short fall. Therefore you have failed to meet the necessary income threshold of £18,600.

In view of the fact that you have not provided the specified evidence as required in Appendix FM-SE to the Immigration Rules, we are not satisfied that you have met the financial requirement.

Consequently, you fail to meet the eligibility requirements of paragraph R-LTP.1.1.(c)(ii) because you fail to meet paragraph E-LTRP.1.2, 1.7, 1.10, 2.1 & 3.1 of Appendix FM of the Immigration Rules.

[We provided more than four pay slips, which were returned with the lettter...? There was an employment letter provided as well, but we didn't receive that with the letter. Also, the total income from all sources they've stated is wrong. All together, his income and mine, we have a gross income of over £34,000, as evidenced by pay slips, bank statements, and the employment letter. And again, it is cited that we don't meet R-LTRP.1.2, even though we do because my partner is a British Citizen in the UK.]
You will also need to supply payslips for a period of six months in order to qualify. Submitting only four month's worth of payslips is another reason the Home Office refused your application.

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Old 19th January 2017, 01:45 PM
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Not surprised at all. You can't apply for settlement within U.K. on a visit visa. You need to head back and apply for appropriate visa and if you don't qualify as unmarried then get married


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Old 19th January 2017, 01:51 PM
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BTW, E-LTRP.1.2. is typological error for E-LTRP.2.1. about being a visitor.

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Old 19th January 2017, 03:30 PM
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Rightly refused:

- do not meet financial requirements
- have not lived a per man and wife in a relationship akin to marriage for two years
- in the UK as visitor.

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