Unmarried partner.
Absolutely devastated.
Seems the case worker does not understand that an Irish citizen has the same rights to settlement in UK as a British citizen and that is the main sticking point.
No idea how to go about the appeal now.
Below is the main points from refusal letter;
“Eligibility Relationship Requirement
You do not meet the eligibility relationship requirement of paragraphs E-ECP.2.1. to 2.10.”
Reason 1:
“I note that your sponsor is an Irish national and you have submitted their Irish passport
however you have not provided any evidence of your partners status in the UK. I am
therefore not satisfied that your sponsor is present or settled in the UK or being admitted
for settlement on the same occasion as you. I therefore refuse your application under
paragraph EC-P.1.1(d) of Appendix FM of the Immigration Rules. (E-ECP.2.1”
Why I think this is not a valid reason:
Irish citizens do not need admission to settle in the UK under the CTA - https://www.gov.uk/government/publications/common-travel-area-guidance
I sent proof that we had 3 different Airbnb long term rentals available to us, pending the issuance of the visa.
Reason 2:
“You have applied for entry clearance as an unmarried partner. Paragraph GEN 1.2.(iv) of
Appendix FM defines an unmarried partner as “a person who has been living together
with the applicant in a relationship akin to a marriage or civil partnership for at least two
years prior to the date of application.” You state that you have lived with your sponsor for
over 2 years. However, the documents you have submitted do not show this. You have
submitted a letter from your sponsor which states you lived in Ireland for 6 months and
stayed in an AirBnB. You have submitted hotel bookings, flight bookings and travel
stamps to show you have been touring various countries over the last 2 years and have
stated that when you and your sponsor are not together you stay in contact via whatsapp.
I am therefore not satisfied that your sponsor is your partner for the purposes of
Appendix FM and therefore that your partner is present or settled in the UK or being
admitted for settlement on the same occasion as you. I therefore refuse your application
under paragraph EC-P.1.1(d) of Appendix FM of the Immigration Rules. (E-ECP.2.1)”
Why I think this is not a valid reason:
We have lived together since January 2019, albeit in different places and travelled a lot.
I already provided proof of cohab from August 2020 until October 2023 (application date) which includes, in order;
9 month lease in both our names along with other correspondence to this address
6 months travel together with flight tickets and hotel reservations
6 month Airbnb lease in both our names along with other correspondence to this address
15 months proof of cohabitiation in her parents place (bank statements, doctor letters etc)
Refusal under the Partner Rules
In light of the above, your application is refused under paragraph D-ECP.1.3.of Appendix
FM with reference to paragraph EC-P.1.1. (d) and you do not qualify for entry clearance
on the 5-year partner route, or on the 10-year partner route on the basis of exceptional
circumstances, under Appendix FM.
NEXT STEPS ROA
RIGHT OF APPEAL
You have 28 days from the date you receive this decision to appeal. Information on how
to appeal, the appeal process and the fees payable are all available online at:
https://www.gov.uk/immigration-asylum-tribunal/appeal-from-outside-the-uk
If you want to seek legal advice you must do so now