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Frantz I
Frantz I, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 231
Experience:  Over 5 years dealing with EEA Law, Nationality, Immigration and Asylum Law.
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My partner (US national) and I (UK national) are trying to

Customer Question

My partner (US national) and I (UK national) are trying to get a VISA for her and her children to move to the UK. We completed a settlement visa application and they then asked for an Appendix 2. This was submitted and they have refused the application as they claim not to have received it. We are not married but have been together for 3 years.
Submitted: 5 months ago.
Category: Immigration Law
Expert:  Frantz I replied 5 months ago.

Hello

Thank you for your enquiry.

Your application along side the Appendix 2 form should have been submitted together. Did you submit by registered mail? On what grounds did they refuse your partner's visa. You dont have to be married to apply for a family based visa.

Customer: replied 5 months ago.
I understand that they should have gone together but they sent a request for the appendix 2 which was returned by email the same day.
They have denied my partner on the basis that the form was not submitted and that the evidence did not support that we have been living as a married couple despite the 3 year distance relationship.
The children were denied on the grounds of their Mom not being approved.
In addition to these reasons they have now said we should have provided 6 months of payslips but it is unclear if this is for me as sponsor or her as the applicant. She cannot get to the UK to start work as they have their passports and you can't work or go to school on a visitors visa, can you?
Is there any way to get them in to the country and then begin the application / appeal from this end? She has given up work in the US and the youngest needs to start school in September?
Expert:  Frantz I replied 5 months ago.

Ok. The Appendix 2 form is for financial information and given that you have not mentioned that the Home Office hasnt denied on the basis of not meeting the financial requirement then it isnt just because the form was not submitted.The Home Office have given substantive grounds for refusal - lack of evidence and not proving that your relationship is genuine and subsisting.

The financial requirement is tested against you as the sponsor. So you would need to provide your payslips and evidence of your employment and earning. Your partner cannot start working in the UK even if her passport was returned unless she previously had a Tier 2 visa. Your partner cannot work on a visitors visa and her children cannot go to school on a visitors visa unless the children are British.

Unfortunately there is no way of entering the UK without the appropriate visa. Your partner will need to make a fresh application and provide substantive evidence of your relationship and how you (sponsor) meet the financial requirement. This application should never have been done without legal help.

Customer: replied 5 months ago.
I have just spoken to the help line who state we can either appeal or apply again. Which will have the highest chance of a quick success?
Expert:  Frantz I replied 5 months ago.

I would be grateful to be rated thank you.

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