Thanks for your question.
To enable me to answer your question could you please respond to the following:-
I note your application has been refused, but what was your status in this country before you submitted your application - what visa did you hold or were you illegal?
What nationality us your partner and what is their immigration status in the UK?
When do you intend to marry?
How long have you actually been living for?
Regardless of what the ECO considers your move in date to be, when do you consider that you first started cohabiting?
Thanks for your reply.
If even you do not consider that you have been living together for the required 2 years then there is no point whatsoever in appealing the decision. The requirement is very strictly enforced and you would not be successful in arguing on the basis of 14 months cohabitation, even if they accepted your earlier start of cohabitation.
Instead I would spend the money you would have spent on the appeal on instructing a solicitor to prepare an out of country fiancé or spouse visa for you to submit from your home country. You will not have any leave to remain once you do not appeal and therefore the UKBA would not entertain an in country application.
You can either marry here in the UK and then apply directly for a spouses visa at the UK embassy in your home country; Once application, one application fee.
Alternatively, you can apply for a fiance visa so that you can return here specifically for the purpose of marrying. Once married you would then have to apply for a spouses visa (settlement). Two applications, two application fees.
The eligibility criteria is largely similar for both applications.The advantage is that if your fiance visa is refused then you are not married. If you marry and you spouses visa application is refused initially and then on appeal then you are stuck being married but in different countries.
Here is the criteria you would need to fulfill for a fiance visa, as I say the criteria is largely the same for a spouses visa. If you meet this you will almost certainly not be refused a spouses visa:-
You have to produce to the UKBA documentation that proves the above. This would be some of the following:-
Further information here:-
The application will have to be supported by evidence proving the above eligibility criteria. They key to a successful application is producing well-collated documentary evidence for the above criteria. You will also have to produce statements made by both of you explaining and supporting how you meet the eligibility criteria.
You will need to apply for fiance/spouses visa using form VAF4 which is available for download from the UKBA website
You should consider instructing a immigration solicitor based here in the UK to prepare an application for her (whichever way you decide to do it). You can find local solicitors via:-
It should cost around £1000-1500+ VAT. It will save you money in the long run, in all probability.
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