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Ms-Louise
Ms-Louise, Solicitor
Category: Law
Satisfied Customers: 187
Experience:  Partner at Solicitors
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I have just had my Brazilian partners leave to remain

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I have just had my Brazilian partners leave to remain through the 10 year route refused as they tell us it’s a marriage of convenience. I’m looking for a 2nd opinion on their decisive letter
Assistant: 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: I am British in a CP with a Brazilian man and we are living in the Uk
Assistant: Have you talked to a lawyer about this?
Customer: Yes but looking for a 2nd opinion
Assistant: Anything else you want the lawyer to know before I connect you?
Customer: We have had a barrister say that the decision is unlawful but no certainty given to us on a positive outcome if it goes to judicial review

Hello,

Please upload a copy of the refusal letter.

Customer: replied 1 year ago.
Could you tell me how to do that?

By clicking on the paperclip icon

Customer: replied 1 year ago.
Here you go

I will opt out for another expert to look at this. Please do not reply as it will delay the response.

Good evening, I am right in thinking you have a formal civil partnership?
Customer: replied 1 year ago.
that’s correct from Spain after we moved there for my employment in January 2019. Before that we were both living with from July 2017 and working in Malta for a long time
Customer: replied 1 year ago.
Most of our lives together were in my name, rent and utilities etc due to him moving in with me and when we went to Spain the property etc was in my employers name
Ok, couple of options.
You can appeal this decision, but I don't recommend this. You are unlikely to win, because you won't meet the insurmountable obstacles test.
He could return home and make an application for entry clearance. You'd need to provide more evidence of your relationship than you have, and you'd need to meet the minimum income requirement (£18600) have somewhere to live etc. This has a good chance of success, but is expensive £1533 application fee and £1000 immigration health surcharge.
Give that you were living together, and you were working in the EU, you could consider making an EU family residence card application, using the Surinder Singh route. You basically need to prove your relationship during the time you were in in the EU, your civil partnership, your employment. The tricky part is demonstrating you "moved your centre of life" to the EU, basically you moved there without intention to return. This is a much cheaper option at £65, he wouldn't need to leave the UK. It is however liable to more discretion from the Home Office and you may not get a positive result, but you would have a right of appeal
Customer: replied 1 year ago.
Ok, in Malta he does have EU family membership with me and he was attached to my Autonomo in Spain. After my boss imploded when we were in Spain this caused us through no decision of our own to return to the UK
Customer: replied 1 year ago.
Our main point for our application to the home office was to facilitate my partners ability to pay rent
Customer: replied 1 year ago.
Sorry to work here in the UK
Customer: replied 1 year ago.
The situation is what it is and there is no other evidence to present to anyone other than what has been given
Totally understand. I think you made the wrong application, with the best of intentions. If it were me I would look at the EEA application. He should be issued with a certificate of application which would enable him to work. So long as you include sufficient evidence of your relationship and your civil partnership certificate (translated if not in English)
Customer: replied 1 year ago.
To work in the UK this is
Customer: replied 1 year ago.
I am not working currently just applying
if you aren't working but are looking this is technically ok, however it would be better if you were working.
Ms-Louise, Solicitor
Category: Law
Satisfied Customers: 187
Experience: Partner at Solicitors
Ms-Louise and 2 other Law Specialists are ready to help you
Customer: replied 1 year ago.
Ok thank you for your answers