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Tamari SL
Tamari SL, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 821
Experience:  LLB UK (Hons) with International Law, Foundation in the UK Law, OISC
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I applied for a tier 2 visa and my partner for tier 2

Customer Question

Hi ! I applied for a tier 2 visa and my partner for tier 2 unmarried partner, we are both canadians. We were asked for supplementary documents and will send those today and await a verdict. We are getting married in the next few days. If they decline the visa (our evidence for living together is not 100% bullet proof) and we reapply for tier 2 spouse visa, is there any chance that visa could be declined? I am supposed to start working at Oxford University on December 1st, and if we have to do the tier 2 spouse visa , this means for us thst I will have to leave for the UK alone and my partner would stay here in canada waiting for the response to be able to join us. THis would effectively break our family apart for weeks, we cannot do it if there is a risk he will not be able to join us. We are raising my daughter together and our 2 large dogs.
JA: What steps have you taken? Have you filed any paperwork with the UK government? What country do you live in? What is your citizenship?
Customer: We live in Canada, we are both citizens of Canada and the tier 2 unmarried partner visa is underway, they are waiting for proof of our relationship and living together for 2 years.
JA: Have you talked to a lawyer about the tier 2 visa?
Customer: no
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no
Submitted: 25 days ago.
Category: Immigration Law
Expert:  Tamari SL replied 25 days ago.

Welcome to JustAnswer, my name is*****’m an immigration lawyer in the UK and I’m happy to help with your question today.

Customer: replied 25 days ago.
Hi Tamari
Expert:  Tamari SL replied 25 days ago.

Along with the documents which the Home Office requested, you may write a letter explaining that you will be getting married very soon and provide evidence of that as well if you have any.

Unfortunately, the Home Office makes a decision according to the documents and facts they have in front of them at the time of the decision-making process. Therefore, if a visa is refused only based on the relationship requirement, only one way I see is to apply for a married dependant visa after you are married.

Customer: replied 25 days ago.
Thank you, ***** ***** outline that we are getting married, this will of course support the fact that our relationship is genuine and will continue on the long term. My question is, if we were to get this visa declined, and we then apply for the spousal visa when we have our marriage certificate in hand, is there a risk we do not thet the spousal visa ? How can we make sure we will get the spousal visa? Is a marriage certificate alone enough? will they uie the previously declined visa as a reason to decline this one? thanks
Customer: replied 25 days ago.
thet = get
Customer: replied 25 days ago.
uie = use
Expert:  Tamari SL replied 25 days ago.

Now, please make sure not to confuse two terms with each other. A spouse visa is a completely different route under the UK immigration Law, it is not applicable to your partner at present.

If you mean Tier 2 dependant visa once you are married, then, of course, no one can give you guarantees that it will be 100% successful, although, if the only reason for refusal for the current application will be based on a genuine relationship test, the marriage certificate will definitely be a piece of strong evidence for this and I do not see a reason why the Home Office will refuse again after providing marriage certificate with all other supporting documents.

Customer: replied 25 days ago.
I meant as a dependent spouse thanks. About the current dependent unmarried partner visa, our problem is that we don't have the usual shared tenancy agreement , bills and others covering two years. My partner hadn't officially changed his address because he was taking take of his mom and was there often, also I was in charge of paying the bills. We are asking letters from the people that lived with us and sublet to us and explain the mother situation but I don't know how that will translate into "points" on their evaluation scale for the 2 years cohabitation criteria We also have a full photo timeline and trip tickets etc. I don't think we can fail the "genuine" check for the relationship, it's mostly about the 2 years of cohabitation
Customer: replied 25 days ago.
taking care of his mom
Expert:  Tamari SL replied 25 days ago.

I understand, if you will explain the whole situation to the Home Office, it is under their discretion, to be honest about what decision they will make.

Try also to submit a few pictures and any travel tickets, hotel bookings if you traveled together somewhere.

Customer: replied 25 days ago.
Will do. Let's hope it all works out. Thank you Tamari !
Expert:  Tamari SL replied 25 days ago.

My pleasure! Good luck!