The key aspects of an application based upon a relationship where one person is a British National include proving that the couple can financially support themselves, there is adequate accommodation and most importantly, to prove the relationship is genuine.
This remains a tricky thing to prove, as whether a relationship is genuine or not goes to the intention of the couple, which documentary evidence can only provide a limited insight into.
Westkin approaches this issue by ensuring that the evidence is so overwhelming that there can be no doubt as to the genuineness of the relationship. Amongst the tactics undertaken by Westkin lawyers, Spouse and Partner Visa Preparation includes the following:
There are documents which in fairly standard terms show the genuineness of a relationship, especially if there has been a period of cohabitation. These can include joint bills in the couple’s name, as well as the address of the property that they cohabit. Ideally bills which require some form of security check to obtain are better, so bank statements and credit card bills are better than utility bills which in turn are better than mobile phone bills.
Of course, in a marriage application, the marriage certificate is an important mandatory document.
Modern relationships are often played out through communication on social media, in all its many forms. Where evidence may be lacking in other places messaging app records can be downloaded to show the entirety of whole conversations over the course of months, this can both help prove the relationship through the sheer number of messages, even if the content isn’t always necessarily romantic in nature.
It remains important not to edit the messages to provide an overly rosy picture of the relationship, real relationships often have ups and downs. Further, editing the messages can be seen as misleading the home office if they are heavily edited to give a false impression.
Aside from social media, other digital records might also assist in proving the relationship is genuine. For example, e-tickets on email can show travel taken together as a couple, photographs taken together can show the relationship over time, and on special occasions such as birthdays and anniversaries.
Further other tickets can appear on email and apps which show events and special occasions which were attended together.
Whereas evidence such as that described above adds flesh to the bones, the bones themselves are important. A detailed account of the how the couple met, the relationship developed and key milestones will help humanise the couple. It will also add the details that might be missing from the evidence and ensure that the case stands out from all the other applications which the Home Office caseworker has to assess that day..
It is our job to prepare a statement / legal representations letter which stands out and makes the application more likely to be granted first time.
The legal position for same sex couples is exactly the same for straight couples, with equivalent provisions for spouse, fiancée and unmarried partners for LGBTQ+ couples.
Although the legal position for gay couples might be same, in practice, on relatively rare occasions the Home Office can adopt positions or show attitudes which are outdated. In particular if a gay person was previously in a straight relationship before coming out, this might be an issue of credibility for the Home Office. Considerations of this nature need to be taken into account in a carefully prepared applications.
Where an application has previously been refused on the grounds that the Home Office does not believe the relationship is genuine, then this presents a significant challenge. The subsequent application needs to be even stronger than the above to ensure that either the Home Office changes its mind. On these occasions, if the deadline hasn’t passed it can often be worth considering an appeal rather than a re-application.
“Went so above and beyond my expectations, that I wanted others to enjoy the smooth process”
I needed help with my Wife's visa application. I selected Westkin based on their good review and they assigned me Maryam Hadi. I could not have been more impressed with her attention to detail, and professionalism. She completed every task exactly when she said she would.
I never waited longer than a day for her to reply to any one of my numerous questions. Even while paying the government for the Visa, there was quite a lot of delays on my side and she very patiently assisted until they were resolved.”Peta-Gaye Bass
Regardless of your circumstances, Westkin prepare hundreds of these applications per year, we do so based upon careful consideration of the facts and great customer service. Contact us to get your case started today.
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The key aspects of an application based upon a relationship where one person is a British National include proving that the couple…
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