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UK_Lawyer
UK_Lawyer, Solicitor
Category: Law
Satisfied Customers: 2458
Experience:  I am a qualified solicitor and an expert in UK law.
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My same-sex boyfriend who is a Sri Lankan citizen has recently

Resolved Question:

My same-sex boyfriend who is a Sri Lankan citizen has recently been refused a U.K visitors visa, for which I, a U.K citizen was his sponsor.
He intends re-applying and I would appreciate some legal advice in respect of this and specifically, guidance on how the conditions of the original application`s refusal can be met this time around.

Is this something you have experience of and can assist with ?

Thank you, XXXXX XXXXX
Submitted: 3 years ago.
Category: Law
Expert:  UK_Lawyer replied 3 years ago.
Hi, thank you for your question.

Could you please state the reasons for refusal?

Kind regards
Customer: replied 3 years ago.

He was refused due to inconsistencies between his declared income (as a recently qualified Chartered Architect) and his bank statement.


They further stated that they were not assured that he fully intended returning to Sr Lanka and would not overstay his visitors visa.


I suspect that the question re his income was probably due to me recently transferring £1400 to his Sri Lankan account as he believed that this would assist his application but the reverse seems to be the case !


This was honestly intended as a visitors visa and Bhagya (my boyfriend) would have been returning to Sri Lanka.

Expert:  UK_Lawyer replied 3 years ago.
Thank you for your reply.

In respect of the discrepancies raised by the home office, I would suggest that any future application to the home office clarify why your boy friend refutes the reason for refusal.

Regarding the inconsistencies these should be clarifies by the employer in a letter from the employer and also on a covering letter with the application to state to the home office why there were inconsistencies with the salary.

The money that you sent to your boyfriend will be seen as the home office as an attempt to facilitate his application, I would not have suggested you do this as the home office would rather you state that you would be sponsoring him and show a true reflection of the funds available to him and not an inflated figure by you depositing further sums in to his account.

If you did send him money then you need to explain that you are his partner and were trying to support his application. You should state that the money would have been available for his maintenance when he would have arrived to the UK but you transferred the money to his account to ease the process.

I would suggest that he provides his pay slips, his letter from an employer confirming he is on annual leave and that they expect him to return to work after visiting the UK.

If he clarifies the reasons raised by the immigration officer and provides further evidence of him returning to his home country ie family, work etc then his new application has a better chance of success.

I hope this answers your question if so kindly rate my answer positively so I can get credited for my time. If however you feel that the answer does not cover all the points raised in your question please do not hesitate to ask further questions until you are satisfied with my answer.

Kind regards
Customer: replied 3 years ago.

Thank you, XXXXX XXXXX helpful.


In light of the rejection for his visitors visa we had both been wondering that if the process is inherently difficult anyway (as it has proven to be) would we not be better juts going for a fiancees visa rather than a visitors visa.


We assume however that the fiancee visa application would be a much more lengthy, detailed and expensive process so are uncertain which route to go down.


Is our assumption that the fiancee application process would be a lengthier and more involved process than a visitors visa application correct ?


 

Expert:  UK_Lawyer replied 3 years ago.
Thank you for your reply.

Yes of course it require further documentation to be submitted and it is more expensive as it is a settlement visa. I would suggest that you carry of the civil partnership in Sri Lanka and then apply for a spouse visa to the UK, this would be much more cost efficient ( when the time to marry is right of course)

In the meantime he should try and apply for a visit visa again, if this is refused then he may wish to either go down the fiancee visa route or the spouse visa route.

I hope this answers your question,

Kind regards
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