What is the purpose of the visit to Japan?
Do you have evidence of your work commitment? ie. documentary evidence
Purpose of visit is just a holiday with friends, which we wanted to go on together.
Yes, there will be documentary evidence as it is a very important event.
Thanks for your reply.
A statement or letter from your employer or other evidence of the important business event which requires your attention would be sufficient.
How long have you been together in a relationship and do you have documentary evidence to prove this as well (eg. shared utility bills, tenancy agreements, joint bank accounts, correspondence etc).
We have been together for 5 years, and I have been in UK for 3 1/2, but we have only lived together temporarily at different points during that time.
My bank statements have been going to his address for 2 years and my current payslips are addressed to his as well.
He owns his own flat and I am planning on moving in on 30th March as I can't end my current tenancy agreement before then.
I'm fairly confident about all the other stuff we need to prove that we are in a 'real' relationship, I just want clarity around the trip he is planning on taking as like I said, we don't want ANYTHING to jeopardise my application, even if it means he has to write off the trip.
The absence may look suspicious if you had only been in a relationship provable by documentary evidence for less 3-6 months and could not prove the work obligation which is the reason for your not traveling.
Provided you explain the absence and the reason for it in you respective statements and submit documentary evidence verifying what you say in your statements then it is very unlikely to prejudice your application.
You should certainly get a letter from your employer confirming the importance of the work event which is the reason you are to be absent and certainly refer to it in your statement as the reason. Additionally you should submit detailed evidence going as far back as you can showing your shared life together. This would include those bank statements/pay slips and perhaps some email correspondence.
The greater the amount of documentary evidence you have going back as far as you can showing your relationship the less likely the UKBA are to doubt the credibility of your relationship. It's about building up a substantial picture in their mind so that they do not doubt the relationship.
If you make detailed statements from you both referring to documentary evidence going back for some time and in different forms then I doubt in the extreme that they would choose to reject on the basis of a short two week break that can be explained by an employer's letter in any event.
Even if they did take the unwise decision to reject because of this then you can appeal to an immigration tribunal where your evidence (and further evidence you can produce) will get a much fairer hearing in front of a judge, rather than a UKBA immigration official
If this is useful please kindly click accept so that I may be rewarded for my time. You will be free to ask follow up questions. Kind regards,
I just wanted to clarify that it will not affect our application if he is going to Japan for two weeks for leisure purposes.
I have heard elsewhere the following:
'The law would normally require that the spouses spend at least 7 days together after marriage in order to demonstrate they meet the "genuine and subsisting relationship" criterion.So the answer is, it may be fine or it may not, depending on the person who examines the papers and passports (possibly showing entry and exit to/ from Japan on your fiance passport) on your same day application, but you are running some sort of risk.'
Is this true?
That criteria is not contained in the immigration rules (a consolidation of the current immigration law) on the UKBA website and I have not heard it applied in practice.
I would certainly think that the history of your relationship (that it is 5 years) and the documentary evidence that you are able to produce (along with the letter from your employer) would be sufficient exceptional to get over that criteria in any event.
It may be that they decide to to invite you both for an interview to further establish credibility.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).