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UK_Lawyer
UK_Lawyer, Solicitor
Category: UK Immigration Law
Satisfied Customers: 2046
Experience:  I am a qualified solicitor and an expert in UK law.
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visa refusal

Resolved Question:

I am a student in UK and got a 4 Tier Visa till January 2015. When I did my application I declared to have an unmarried partner with which I have been for 6 years and last 2 years lived together in my apartment in Albania. He tried to apply for a visa as my unmarried partner but got refused for 2 reasons. 5 years ago he got a penalty in Greece for crossing the border after visa was expired for 3 days.He cant go in Greece till next September.He tried to pass the border this summer in order to know till when was the penallty due and the uk border is apset why this was not mentioned in visa application.

Attachment: 2013-11-10_195415_outlook_1.zip

Someone helped him with the visa application and she didn't mention this in the question about visa refusals. He told her about this problem but she thought the question if you had got refused was only for UK. The other reason is they don't have strong facts that we are a couple.we provided photos for different years but we don't know how to proof that we have been living together per 2 years because apartment is in my father name. We were thinking for an appeal but is stated at the end that if refused again can be banned for 10 years. So please, should we appeal and if yes how to prove the relationship? Thank you Bora

Submitted: 8 months ago.
Category: UK Immigration Law
Expert:  UK_Lawyer replied 8 months ago.
Hi, thank you for your question. Please remember to rate my service so I am credited for my time.

1. In the application form it quite clearly states that you need to disclose all visa refusal for the uk and also visa refusal for any other country other than the uk. In this case if he appeals then he would need to clarify that he was not the one who filled in the form and that he would have disclosed his information had he known it was in relation to refusals for other countries.

2. Regarding the proof of relationship, then you would need to provide letters etc in you and your partner's name either in joining names or separate names to the same address for the last two years. In addition your father could provide an affidavit confirming that your partner and your were living together as a couple for the last two years. You can also get an affidavit from other family and friends confirming the same.

Regarding the appeal, I think you should go ahead with this even if they refuse the appeal, the reason for this because you want to show the home office that you are correct and that the application was completed without knowing that the question referred to different countries. If the appeal is refused you can then reapply stating that you appealed the previous decision as you knew you were right but unfortunately it didn't go in your favour.

If you withdraw the appeal and just reapply the home office would think that they were right to refuse the visa.

I hope this answers your question if so kindly rate my answer positively so I can get credited for my time. If however you feel that the answer does not cover all the points raised in your question please DO NOT rate my answer negatively I will be happy to answer further question until you are satisfied with my answer.

Kind regards
Customer: replied 8 months ago.

Thank you for the help.But I still don't know how to prove the relationship. First year we move up together we were students. Second year he got a job and registered with this home address but In my country the post service is not good and we don't use it. Everything is given or taken by hand, no post service. All the bills are in my dad names. Do you think will be enough only is affidavit to prove it? If he get refused again, is he going to be banned for 10 years? If we decide to get married now in order for him to get the visa will help or will be inappropriate? It will be easy to obtain the visa or complicate it more because it will be obvious is only for visa purposes? Thanks again.

Expert:  UK_Lawyer replied 8 months ago.
Thank you for your reply.

1. I believe that if there is no evidence of postage in your name or joint names, then the only way to prove that you have lived together is either by providing affidavits or by obtaining a letter from for example the doctor stating what your registered address is and how long you have been at that registered address, you could do the same with insurance companies or bank statements etc this would be the best way to obtain confirmation of you living as a couple.

2. Regarding the ban, it is only implemented if he lies or submits fraudulent documentation, in his case if he tells the truth then it would not lead to a ban. Ideally he should have ensure that there was nothing false written in the initial application form. The risk is that he now has to state that the information entered was incorrect in the initial application form.

3. I would not recommend that you marry each other just to obtain a visa. But if you do marry and its a genuine marriage, then yes it would be much easier to obtain the visa as you do not need to show two years of subsisting relationship, all you need to show is that your relationship is still subsisting.

I hope this answers your question if so kindly rate my answer positively so I can get credited for my time. If however you feel that the answer does not cover all the points raised in your question please DO NOT rate my answer negatively I will be happy to answer further question until you are satisfied with my answer.

Kind regards
UK_Lawyer, Solicitor
Satisfied Customers: 2046
Experience: I am a qualified solicitor and an expert in UK law.
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