Kateas

Hi there,

- My partner is a UK Citizen
- I am a NZ Citizen
- We have been together for 2 years 8 months (not married no children)
- Living together since Sept 2015 in a relationship akin to marriage (dishes, arguements and everything!!!!)
- We lived together in Africa for 2 years and ran a business together
- Decided to come home (to the UK) because my partner missed it and also because visas in the country we were in were limited in what we could do.

- We applied for a spouse visa which was rejected (worst feeling in the world) for two reasons
1) Savings - although we had the 62,500 pounds we did not have it in a personal account for more than 6 months - it was in our business account and despite the business being in our names this didnt count (very upsetting but its what happened)
2) They didnt believe our relationship was akin to marriage (as all our bills/living etc was in the business name we had no proof we were together in more than just a business relationship) Basically what they seemed to be saying was that I was his business partner and we were trying to get me to the UK.

We decided not to appeal based on the financial grounds - we called the home office and they said that they wouldnt accept a business account even if it was in our names.

I have returned with my partner to the UK and was granted entry on the provision that I leave by end March and that I apply for a visa from NZ.

We plan to make a fresh application. I have read the threads here but want to know if you can help:

1) My partner has been offered jobs which meet the 18,600 pound amount needed - how long does he have to be working in this job before we can apply? Does he just need an offer or does he need to be in for a certain period - and how do we prove hes employed (contract/payslips/letter enough)We have decided to go down this route because the savings amount wont be achievable for 6 months.

2) Do I need any proof of my savings etc if he has the 18,600 pound job that I am missing anywhere in the forms?

3) re our relationship I have now got letters from around 20 people stating that we are in a relationship and have put together more photos (I submitted around 10 the first time) and told more of a story of our relationship - any other hints and tips on showing that we are in a relationship not just business partners (My partner isnt massively gregarious so I dont have a tonne of love letters or anything - just a few cards etc) we also adopted a dog together and bought him to the UK which I hope counts for something?

4) they have said my Visa will take a longer time to process because I have been rejected once before - any idea how much longer

5) anything else I am missing - this process was incredibly stressful applying from a foreign country with no access to any support and I am hoping it will be easier from NZ but I am worried and dont want to miss out

6) If I am rejected again will I always need to apply for a visitors visa to enter the UK? Its okay if you dont know this one - being a pessimist!

Thank you so much
Kate

Pulaski

1) Six months.

2) No, savings are an alternative to the income requirement. If you still have the savings, and they have been in your personal account for six months, or will have been soon, the "savings route" would still be quicker than the income route.

Sorry I can't help with your other questions.

BritInParis

If you're not married you'll need two years of being in a relationship akin to marriage, i.e. living under the same roof and sharing financial responsibilities. Your initial post suggests you won't be eligible until September. Letters from friends and family count for little by themselves. Far more weight will be given to joint financial commitments such as tenancy agreements and utility bills.

johntiler

Hi Kateas,

Sorry to hear about your 1st round application. I'm in the exact same situation as you, want to go back to the UK and am a NZ resident.

Isn't it possible to apply with the intention of getting married?

https://www.gov.uk/join-family-in-uk/eligibility

"Joining your partner

You must prove that you and your partner are 18 or over and in a genuine relationship.

You must be one of the following:
married or civil partners
living together in a relationship for 2 years
engaged to be married or to become civil partners
"

Kateas

Thanks so much for the answers - This whole process is painfful - much easier for my partner to come the other way! but his industry doesnt exist in NZ!

We dont share bills etc because we had no bills in Africa - all pre pay - so frustrating! No joint tenancy agreement as we live in his house here in UK - blergh! Whats a bigger financial committment than a 10 year old dog and running a business togehter?! (venting here!)

EDIT: been in a relationship akin to marriage since Sept 2014 not 2015.

johntiler

Kateas, I have checked the NZ marriage process, it is MUCH simpler, you can do it on a simple visitor visa however they'll need to switch to a resident visa of a partner of a NZ national if they want to stay here after the marriage.

btw, why don't you guys get married? I think the spousal visa allows you to enter with the intention of getting married?

https://www.gov.uk/join-family-in-uk/eligibility
Wouldn't that bypass the issue of showing that you're in a civil partnership, instead prove that you plan to marry, I wonder if the requirements for that would be less and that your relationship would easily suffice?

spouse of scouse

Hi Kate - what about utility bills for your partners house? Do you have a shared bank account, or can you demonstrate withdrawals from your account that went towards the cost of maintaining the house such as insurance, council tax, maintenance or utilities?

As you've unfortunately discovered, the financial as well as emotional stress of a failed application is enormous. I'm wondering if, given that you don't seem to have much evidence of shared finances, it'd be wise for you both to have a chat with a registered migration agent.

You were very wise not to appeal the refusal - an appeal would only be successful if the Home Office had applied the rules incorrectly and that's not the case here. Wishing you luck.

Pulaski

SpouseofScouse's advice is good - do you have anything "official" sent to your shared address in the UK - such as bank or broker/ investment/ pension statements?