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Tamari SL
Tamari SL, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 1385
Experience:  LLB UK (Hons) with International Law, Foundation in the UK Law, OISC
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I just want to check that we are likely to get a spouses

Customer Question

I just want to check that we are likely to get a spouses visa. We've been through a visa rejection and appeal already so I want to make sure it's the best option.
Submitted: 16 days ago.
Category: Immigration Law
Expert:  Tamari SL replied 16 days ago.

Welcome to Just Answer, I will be assisting with your question today. Please note that my support on this site is for general information only and there is no intention to create a legal relationship. Thank you!

Expert:  Tamari SL replied 16 days ago.

Please ignore any phone call request pop-up if you do not wish a telephone consultation, they get generated automatically without any input from the expert, so I have no control over these requests.

Expert:  Tamari SL replied 16 days ago.

Kindly clarify your question and I am happy to help

Customer: replied 16 days ago.
It's long winded but I just want to make sure we're picking the correct visa, as in we're likely to get it. We've had a partner visa rejected and lost the appeal because we didn't have enough evidence. It was really expensive and stressful, I just want to make sure this is the right choice.
Expert:  Tamari SL replied 16 days ago.

I see, the problem is I am not aware facts of the whole case but in general, even if the appeal is lost if you submit a new application and provide all the documents, the application should be granted.

Expert:  Tamari SL replied 16 days ago.

Did you have a lawyer, through the process of appeal?

Customer: replied 16 days ago.
Sorry, I've just typed it so many times, being lazy. So my partner came to the uk and entered on a tourist visa with his Argentinian passport. The pandemic happened so he ended staying for over a year, we followed the guidance and got the extensions. We tried to get him his Italian passport as he has dual citizenship but it took over a year to arrive. We did apply for the EU settlement scheme a few months ago even though the deadline had passed but we haven't had a response yet. We applied for the partners visa but were rejected, appealed, lost the appeal. They wanted bank statements or utility bills going back to the start of our relationship, which we didn't have at the time of applying for the appeal. We did by the time the appeal came up as it was 5 months later but I didn't think I could submit new evidence. So we were planning to get married later in the year, but I just heard it's taking 6 months for spouses visas due to the war in Ukraine. We were planning to return to the UK in November so we'll be getting married in a couple of weeks, and apply once we get the certificate. I just want to make sure that we have a good chance of getting the spouses visa, or is there another visa that is more suitable.
Expert:  Tamari SL replied 16 days ago.

As I see from the information provided above, a spouse visa may be the most suitable visa here, If you meet all the requirements, there should not be an issues

Customer: replied 16 days ago.
the rejected visa won’t have an impact?
Expert:  Tamari SL replied 16 days ago.

It should not as long as all the requirements are met in the new application especially since you will be married.

Expert:  Tamari SL replied 15 days ago.
Do you have a lawyer who will guide you through the whole process?
Customer: replied 15 days ago.
That's great. No, I work in the legal sector (Probate Practitioner) so I'm fine doing the application myself. I was just a bit naïve before, thinking that lots of written statements from family and friends, along with date and time stamped photos of us together from the start of our relationship, would be evidence enough that we had been together for more than 2 years. I was forgetting that the truth has little to do with this area of law.
Customer: replied 15 days ago.
The wedding is virtual, but it's a legally binding ceremony, we'll have a certificate sent from Utah. There's nothing from the list I saw on the US site, that would prevent the wedding from being legitimate. So once we have the original marriage certificate, I'll make the application.
Expert:  Tamari SL replied 15 days ago.

This is a very strong statement, I am afraid. There are exact rules and guidelines which we must all follow, including the caseworkers. Decisions are made based on those. 
Good luck!

Customer: replied 15 days ago.
Thanks, ***** *****
Expert:  Tamari SL replied 15 days ago.

Thank you