Hi All, My civil partner applied as a tier 2 dependant but was refused on the grounds of 319c of HC395 In the refusal letter it says: You have applied as a Tier 2 general partner of the PBS in order to join your civil partner. On assessing you application, I note that you travelled to the U.K. in January 2013 and entered a civil partnership with your sponsor. It appears that since your civil partnership took place you have spent only 49 days with your partner. You have provided no evidence to demonstrate that you and your sponsor have been living together in a relationship similar to marriage or civil partnership for a period of 2 years as required under Paragraph 319c of HC395.
I have therefore refused your application because I am not satisfied on the probabilities that you meet all the requirements of the relevant Paragraph of the United King doom Immigration RUles.
so we are going to appeal against the ECO's decision. I wrote an appeal letter and hoping that someone will tell that I am in the right path and I would appreciate If someone can advice please. Thanks
My civil partner, xxx, applied for Entry Clearance to the United Kingdom as a Tier-2 PBS Dependant. The Entry Clearance Officer refused her visa stating that myself and xxxx have only spent 49 days after the civil partnership as well as for not providing evidence that we have been living together in a relationship akin to civil partnership for a period of at least 2 years as required under Paragraph 319C of HC395.
I am very disappointed by the decision of the Entry Clearance Officer as the refusal is not in accordance with UK immigration rules and law. The ECO appeared to have based the refusal on a non-applicable immigration rule 319 C (c):
An applicant who is the unmarried or same-gender partner of a Relevant Points Based System Migrant must also meet the following requirements: (iii) the applicant and the Relevant Points Based System Migrant must have been living together in a relationship similar to marriage or civil partnership for a period of at least 2 years.
The above paragraph is only applicable to unmarried or same-gender partner and not applicable to us since we have entered into a civil partnership on the xxxx. As mentioned in Paragraph 319 C (b): The applicant must be the spouse or civil partner of a person who (i) has valid leave to enter or remain as a Relevant Points Based System Migrant.
It is also unusual that the ECO is criticising our lack of time together after the Civil Partnership since my partner was only here on a visit visa and needed to return home to lodge this application, and given that she had limited rights here in the U.K. we both wanted to apply for this visa as soon as possible.
In addition, the decision had a devastating affect on our lives as it has prevented us from enjoying a happy civil partner life together. I have experienced high stress levels as a result of this situation that has impacted my health and ability to concentrate. I have recently relocated to a place where my partner and I were going to begin our family life together. However, this news has postponed this from happening, which has caused distressed on my civil partner and myself.
As mentioned in my covering letter, June is the only immediate family that I have after my parents disowned me for disobeying their religion and culture (Indian) and for fighting for my relationship with xxx. I have the right to have a family life with my civil partner in accordance with one of the fundamental rights protected by the Human Rights Act 1998 part 1 article 8 (1) Everyone has the right to respect for his private and family life.
My civil partner satisfies each sub-paragraph of Paragraph 319C:
(a). There are no general grounds for refusal; required maintenance have been maintained for 90 consecutive days.
(b) June and I have known each other for 14 years and we have been in a genuine and subsisting relationship for 3 years and 4 months now. We entered into a civil partnership in the U.K. on xxxx. Original copy of the Civil Partnership certificate was submitted with the application. (i) I have a valid Tier 2 General Visa valid until xxx 2016.
(c) is only applicable to unmarried or same-gender partner and NOT APPLICABLE to us due to the above.
(d) Email, skype conversation and pictures after our civil partnership were provided with the application as evidence of subsisting civil partnership. As mentioned in the letter submitted with the application, evidences from December 2009 were not submitted as these were already submitted for xxx's UK Civil Partnership Visit Visa application in December 2012. These are now provided with the appeal application.
(e) We provided emails and skype showing property search between June and I, which demonstrates our intention to live together. I have moved into a one double bedroom flat for us before the refusal date.
(f) We both have no intention to stay in the U.K. beyond any period of leave granted.
(h) (i) and (j) are not applicable
