kmp

I am Kim a transgender woman from the Philippines and I am engaged with a British man. We started our relationship thru an online dating last 17th of October 2015. On the 17th January 2016 (3 months after) we met in person and we lived together for almost 2 weeks, but couldn't any longer as my fiance has to comeback to UK for his job. 17th of April (6 months after) we applied for a Fiance Visa in the hope of being together in UK as it is more convenient for me to come over, than him quitting his job and moving to the Philippines. Which by the way same-sex marriage or any form of union is not recognised nor legal. 29th of April 2016, my fiance visited me again and this time he met my parents as part of our arrangements, and evidences like flight and hotel bookings were submitted for my application (for them to know that he's really coming back). I got my visa refused on the 6th of June the case worker explained his reasons for refusal but the main point was that the case worker is not satisfied that our relationship is genuine and subsisting or that i intent to live permanently with him in the UK. The case worker as mentioned that I intend to marry on the 9th of September 2016, but showed no evidence.

below are the immigration rules on which he based his reasons:

E-ECP.2.6. The relationship between the applicant and their partner must be genuine and subsisting.
E-ECP.2.8. If the applicant is a fiancé(e) or proposed civil partner, they must be seeking entry to the UK to enable their marriage or civil partnership to take place.
E-ECP.2.10. The applicant and partner must intend to live together permanently in the UK.

In this matter, we have submitted a lot of conversation logs from FB, Viber, Skype, Gmail and Hangouts (approx. 5000 pages in total). plus the photos that we've been together, the flight details and hotel bookings, and most of all my fiance already made a marriage booking thru his city council for our wedding to happen on the 9th of September which this document has been included during our application.

We are now finalising our appeal to be submitted to the tribunal, however, my fiance and I are both confused if this allows us for a human rights claim, knowing he is a British citizen and settled in UK whilst I am a Filipino and still living in Philippines.

BritInParis

If you applied for a fiancee visa but didn't include any evidence that you were getting married in the UK then it's not surprising that the application was refused.

Providing you provide evidence to cover the three reasons that your previous application was refused on then your appeal should be successful. There is no need to make a human rights claim, not that it would be successful in any case.

kmp

Hi, thanks for the response!

Just to add, this is the ECO's decision


"It is not accepted that your relationship with your partner is genuine and subsisting. Assessing ECOs are entitled to be satisfied that you are, and have been, in a genuine relationship with your sponsor before issuing you with a UK visa. You have indicated on the visa application that you personally met your sponsor on 17th January 2016 having first met online in October 2015. You submitted this application on 17th April, just three months after meeting your sponsor. As evidence of your relationship you have submitted some photos taken during your time together and printouts of some facebook conversations. It is reasonable to expect that in a genuine subsisting, supportive and affectionate relationships, there would be evidence of the development of the relationship, signs of companionship, emotional support, affection and an abiding -interest in each other's welfare and well-being over a period leading to engagement and marriage. This has not been adequately demonstrated with the evidence submitted and the haste in which you wish to be married raises concerns as to the genuineness and sustainability of the relationship and your motives. I am aware that the onus is upon you to satisfy me that you have met the Immigration Rules and it is your intentions and not those of your sponsor that are paramount in the decision making process. I have studied your application in detail and with due care, and from the evidence and statements you have made to me, I am not satisfied that there is a continuing and meaningful 'relationship with your sponsor and that any marriage will not be a marriage of convenience. I therefore am not satisfied-your relationship with your sponsor is genuine and ·subsisting or that you intend to live together permanently in the UK. I therefore refuse your application under paragraph EC-P.1.1 (d) of Appendix FM of the Immigration Rules. (E-ECP.2.6 & 2.10)

You state that you intend to get married on the 9th September 2016, yet you have provided no
evidence of this. I am not satisfied that you are seeking entry to the UK to enable your
marriage/civil partnership· to take place. I therefore refuse your· application under paragraph ·
EC-P:1.1{d) of Appendix FM bf the immigration Rules. (E-ECP.2.8)"


His decision, seemed to us that he might have not thoroughly checked our documents. We have submitted the marriage booking/acknowledgement issued by the city council, our letters discussing our relationship, intentions and plans, chat logs since day 1, our photos together and evidences of our holidays together (flights, hotel bookings, receipts), evidences of his expenses for me while I am in the Philippines.

Pulaski

You seem to have confused "quantity of evidence" with "quality of evidence". Five thousand pages of communications simply weren't ever going to be read - it would have taken a week or more when the case officer likely only has an hour, if even that, to review the evidence submitted and reach a decision. There would be better evidentiary value in providing selected highlights of your communications, perhaps just a few dozen pages.

nickmyname

Hi kmp!
How's your situation now?
Nick

kmp

Hi Nick!

We already filed an appeal, just on holiday together while waiting for the decision.

spouse of scouse

There's a specific page on the site for media requests. This isn't it

lostinjapan

Tbh, it doesn't exactly sound like a commited relationship yet, especially having only met twice and with the majority of your correspondance being online. Even without the marriage you'd still need to be living together for two years.

Honestly, it's 'marriages' like this over time that have made it difficult for the rest of us.

spouse of scouse

What do you mean by 'the rest of us'?

Pollyana

Don't judge unless you've walked in their shoes, every relationship is different