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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 6308
Experience:  BA (Hons), PgDip, Practising Solicitor
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Pakistani national who came to uk in 2002 on a tourist visa.

Resolved Question:

Pakistani national who came to uk in 2002 on a tourist visa. He overstayed until now. In october 2012 he was detained by UKBA but released as his british girlfriend was pregnant at the time (suffered a miscarriage). In December 2012, he had a hearing, he applied to stay in uk under human rights based on the fact that his girlfriend is british.
The judge rejected him saying that the relationship was not convincing on 31 december 2012. What are the changes of him getting a visa and how to do it?
Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  Thomas replied 1 year ago.
Hi,

How long has he been living together with his girlfriend please and are they still living together?

Tom
Customer: replied 1 year ago.


They met in may 2012, they still live together. She lives on benefits and he works illegally

Expert:  Thomas replied 1 year ago.
Okay.

Why did the judge consider that the relationship was not convincing?

Tom
Customer: replied 1 year ago.


Because when they met the lady was 4 months pregant by somebody else. She gave birth on 12 august 2012. The baby was taken by social services as she was in an abusive relationship. She did not attend the hearing and the evidence e.g. photos provided were not enough. There was no witness statement neither

Customer: replied 1 year ago.


Because they met when she was 5 months pregnant by somebody else. She gave birth in August 2012. Baby was taken into care as she was in an abusive relationship before.

Expert:  Thomas replied 1 year ago.
Hi

Thanks for your patience.

If the application was made on the basis that he should be regarded as an unmarried partner and it was rejected because the judge – acting on the evidence produced for the relationship – was not convinced that the relationship was genuine then the best way forward would be to make a further application.

The application must be supported by as much documentary evidence as possible which substantiates the fact that they have lived together for in excess of two years. This can be in the form of correspondence between them both, utility bills listed both of them, any other documentary evidence which shows that he has lived there (council tax, bank statements etc) and they should both execute witness statements.

Their witness statements should chart the start of their relationship and go on to advise the timeline of their relationship. In particular it would state when they started living together and it would also refer to the supporting evidence that has been collected. The supporting evidence would be attached to the statements as Exhibits.

The girlfriend must also be available to give evidence if the application is rejected and they are forced to appeal. If she is a convincing and credible witness at appeal then he still stands a reasonable chance of getting further leave to remain on this basis because it seems to be an evidential problem in that not enough evidence was submitted at the time of the appeal.


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Kind regards,


Tom
Customer: replied 1 year ago.


they have been together since may 2012 so they can't prove that they have been in a relationship for 2 years. Would the person stand a greater chance if they get married?

Expert:  Thomas replied 1 year ago.
Hi,

If they have only been together since May 2012 then he does not have a very good change of getting leave to remain as an unmarried partner.

If they marry then they would NOT have to prove that they have lived together for two years, but they woudl still have to prove that they are a genuine married couple and that the marriage is credible.

This means getting the evidence that they do have and referred to above, documenting their marriage and also executing witness statements with her being fully available to give evidence on appeal.

Please remember to rate my answer.

Kind regards

Tom
Customer: replied 1 year ago.


Is there any other alternative apart from marriage?

Expert:  Thomas replied 1 year ago.
Hi,

If he does not have a child then I cannot see that there is.

Please rate my answer.

Tom
Thomas, Solicitor
Satisfied Customers: 6308
Experience: BA (Hons), PgDip, Practising Solicitor
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