we applied for a spouse visa as advised by our solicitor but it got refused. they made a point that his partner didn't earn enough and how would he get a job here. and why his partner cant got n live in Pakistan with him. also that they haven't lived together for more than 2 years .
I need best advice regarding my immigration matter my all detail are below.
1.i came united kingdom as a visitor on 4 march 2013 and i got 6 month valid visa from Pakistan to see my family brother sister in low and them children they are British citizen. I intended to go back with in four week . but I met with one women on my sister in law birth day on 13 april 2013. And she liked me and she asked my sister in law my mobile no and also I liked her as well. Infact we fallen in love with each other in start of our relationshiop. In start of this relation I had told everything about my status and my visitor visa but she said it doesn’t big matter as you are genuine and good person and I don’t want to lose you. I didn’t want to break the uk law as I had a visitor visa thatsway we went to a solicitor before I moved with her to regulise my visa and he advised me to apply for leav to remain from here is easy for you and I moved with her on 11 may 2013. Solicitor taken our statements before put the application to home office and he submitted my application to home office on 4th of july 2013 on the basis of relationship with my partner. My application had been refused on 17 sep 2013 . and they gaven me right of appeal.
Reasons for refusal letter.
You and your partner are not married and you have not lived together for at least two year prior to the date of your application. The definition of being partners is therefore not met under paragraph GEN.1.2. and thus you don’t meet the requirements of paragraph E-LTRP.1.2. for leave to remain as a partner under appendix FM of the immigration rules.
You are currently in the uk as a visitor. In order to qualify for further leav as partner under appendix fm you must not be in the uk as visitor,with valid leav granted for a period of 6 month or less.or on temporary admission or release. You therefore fail to fulfil E-LTRP.2.1 of appendix FM of the immigration Rules.
We have carefully considered whether EX.1 applies to your application, however your application falls for refusal under eligibility requirements of the immigration rules as set out above.
These are mandatory requirements which apply to all application regardless of whether the EX.1.criteria are met. As you have failed to meet those eligibility requirements, you cannot benefit from the criteria set out at EX.1.
DECISION UNDER PRIVATE LIFE
Consideration has been given to your claim that your removal would breach your right to respect for private and family life under article 8 of the EUROPEAN CONVENTION on human rights in that you enjoy private life in the united kingdom.
Your application to remain in the United Kingdom has been determined under rule 276ADE of the immigration rules.
The requiremnts of the rules state that the applicant at the date of application,
(iii) has lived continuously in the uk for at least 20 year(discounting any period of imprisonment) or
(iv) is under the age of 18 year and has lived continuously in the uk for at least 7 years(discounting any period of imprisonment) and it would not be unreasonable to expect the applicant to leave the uk or
(v)is aged 18 year or above and under 25 years and has spent at least half of his life living continuously in the uk or
(vi) is aged 18 year or above has lived continuously in the uk for less than 20 year but has no ties (including social, cultural or family) with the country to which he would have to go if required to leave the uk.
You entered the united kingdom in 2013 and have not lived continuously in the uk for at least 20 year therefore the sacretery of state is not satisfied that you can meet the requirements of rules 276ADE(iii)
At the time of your application you were aged 30.you were not under the age of 18 years or between the ages of 18 and 25.therefore the secretary of state is not satisfied thatyou can meet the requirments of rule 276ADE(iv)
It has also been considered whether your application raises or contains any exceptional circumstances which, consistent with the right to respect for private and family life contained in article 8 of European convention on human rights. Might warrant consideration by secretary of state of a grant of leave to remain in the United Kingdom outside the requirements of the immigration rules. It has been decided that it does not. Your application for leave to remain in the united kingdom is therefore refused.