If you have been living together with your partner for two years and for some reason you can not register your marriage, you should apply to get partner visa. However, many lawyers make mistakes and submit wrong form of visa application for the applicant/immigrant. You do not have to submit FLR (M) application as this application requires different set of immigration rules and therefore you do not meet the Home Office requirment and your application is refused. When you carry on drafting the same grounds possibly your chances of appeal will be not in your favour.
Therefore, you should choose the right application and that application would be FLR (FP) if you are applying under partner route or any of your immigration requirement is not met such as english language test or meeting income requirements of £18,600 as a partner of British Citizen partner.
However this is important to note that you draft your grounds to show your “insurmountable obstacles” which come under EX.1 under the exceptional circumstances. It means that what serious hardships you would be facing in your home country if you were to send back to your home country because you have been an overstayers. When you establish your difficulties or insurmountable obstacles in the light of evidence or by writing your statement , this will give your application more credibility and more chances to win your application in the Home Office or if you are at appeal stage because your application has already been refused, then you will have more chances to win your appeal.
Here, I am providing a template that I recently drafted in this type of appeal and I have deleted personal information due to data protection Act. This will give you a general idea as to how can ou draft your skeleton arguments in the appeal. Many immigrants find it hard to get it drafted accurately from their lawyers despite of paying them the whole appeal fee.
If you have any further question you can contact me directly on my Whats App number 00447870959175 and I will help you further in your matter if you are struggling to communicate directly to your Barrister or can not find any Barrister promptly. Alternatively, email at info@barristershaziaanjum.com and her staff member will schedule an appointment for you.
Draft Skeleton Arguments Below
Appeal No: ———————-
IN THE FIRST-TIER TRIBUNAL
IMMIGRATION AND ASYLUM CHAMBER
BETWEEN: Appellant (Appellant’s name) and Respondent (Home Office)
————————————————————————————————
The Appellant has appealed against the refusal and the Human Rights Claim dated ………… by the Home Office under Immigration Rules. [P. 37 -P. 47: Appellant’s Bundle]
Family life as a partner under Appendix FM of Immigration Rules
- The Appellant has been in relationship with her partner since “————-” [P.8: Appellant’s Bundle, Appellant’s Statement]. Her Partner “……………” is a British Citizen and 70 years Old born on ———— in the UK. He is suffering from ill health and he has had to have Cardiac Valve Surgery. The Appellant has played a vital role in calling Ambulance for him and acted promptly to save him. Her partner relied upon her to take care of him, particularly when his health is not good. [P.18: Appellant’s Bundle, Sponsor’s Statement]
- Immigration Rules state as follows:
Section R-LTRP: Requirements for limited leave to remain as a partner
R-LTRP.1.1. The requirements to be met for limited leave to remain as a partner are-
(a) the applicant and their partner must be in the UK;
(b) the applicant must have made a valid application for limited or indefinite leave to remain as a partner; and either
(c) (i) the applicant must not fall for refusal under Section S-LTR: Suitability leave to remain; and
(ii) the applicant meets all of the requirements of Section E-LTRP: Eligibility for leave to remain as a partner; or
(d) (i) the applicant must not fall for refusal under Section S-LTR: Suitability leave to remain; and
(ii) the applicant meets the requirements of paragraphs E-LTRP.1.2-1.12. and E-LTRP.2.1-2.2.; and
(iii) paragraph EX.1. applies.
Immigration status requirements
E-LTRP.2.1. The applicant must not be in the UK-
(a) as a visitor; or
(b) with valid leave granted for a period of 6 months or less, unless that leave is as a fiancé(e) or proposed civil partner, or was granted pending the outcome of family court or divorce proceedings
E-LTRP.2.2. The applicant must not be in the UK –
(a) on immigration bail, unless:
(i) the Secretary of State is satisfied that the applicant arrived in the UK more than 6 months prior to the date of application; and
(ii) paragraph EX.1. applies; or
(b) in breach of immigration laws (except that, where paragraph 39E of these Rules applies, any current period of overstaying will be disregarded), unless paragraph EX.1. applies.
Having considered the above requirements, it is submitted that the appellant falls within the above requirements, where she entered as student, and could not continue her education due to the obstacles in her life, which are self explanatory in her witness statement in the Appellant’s bundle.
Under para GEN. Immigration Rules, based on family life as a partner of a person who is one of the following:
1) a British citizen, or
2) present and settled in the UK.
Under paragraph GEN.1.2. of the general provisions in Appendix FM, a ‘partner’ is defined as one of the following:
- the applicant’s spouse,
- the applicant’s civil partner,
- the applicant’s fiancé, fiancée or proposed civil partner,
a person who has been living together with the applicant in a relationship akin to a marriage or civil partnership for at least 2 years prior to the date of application (which we expect to be evidenced by documents showing that the couple have been living together at the same address for at least 2 years).
A valid marriage or civil partnership must be evidenced as specified in Appendix FM.SE paragraphs 22 to 26 with a valid certificate
In the Home Office Guidance, it has been mentioned that
“The 2-year period of living together for a couple who are not married or in a civil partnership must have been completed prior to the date of application. However, the 2-year period does not have to have been completed immediately preceding the date of application if, for example, the couple are currently living apart for work reasons in order to meet the financial requirements of the rules, provided that the relationship continues to be genuine and subsisting at the date of application.”
Where the definition of partner is not met because a couple who are in genuine and subsisting relationship have been together or for less than 2 years, the requirements of Appendix FM cannot be satisfied other than on the basis of exceptional circumstances.
Under Exceptional Rule EX. Of Appendix FM:
- Ex.1. (b) the applicant has a genuine and subsisting relationship with a partner who is in the UK and is a British Citizen, settled in the UK, or in the UK with refugee leave, or humanitarian protection, in the UK with limited leave under Appendix EU in accordance with paragraph GEN.1.3.(d), or in the UK with limited leave as a worker or business person under Appendix ECAA Extension of Stay in accordance with paragraph GEN.1.3.(e), and there are insurmountable obstacles to family life with that partner continuing outside the UK,
- EX.2. For the purposes of paragraph EX.1.(b) “insurmountable obstacles” means the very significant difficulties which would be faced by the applicant or their partner in continuing their family life together outside the UK and which could not be overcome or would entail very serious hardship for the applicant or their partner.
It is submitted that the appellant would face insurmountable obstacles if she was to return back to her Home Country:
- Appellant’s family would not accept her marriage/relationship with a person with different religion and culture;
- Appellant would be subjected to a degraded treatment from her society in india; and
- Appellant’s direct family members are passed away.
Human Rights Claim
Article 8 of the ECHR states that: 8(1) Everyone has the right to respect for his private and family life, his home and his correspondence.
8(2) There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.
Primary Carer of her Partner
The appellant has been taking care of her partner as her partner ——————, she called promptly ambulance for him and has been taking care of him including, giving medicine, cooking food, and giving emotional support to him. The sponsor has been divorced from his previous marriage and he has no other close family members living with him and the appellant has given him a new hope of life at his health’s critical condition. [Sponsor Witness statement: Appellant’s bundle].
The Honourable Court is requested to consider the appellant’s and the sponsor’s Human rights under the Article 8, and allow this appeal not only under the Exceptional route but also under the Article 8 of Human Rights.
Want to Speak to Barrister Shazia Anjum
If you want further help to draft your skeleton arguments, or representation in the Court regarding your appeal, Email at info@barristershaziaanjum.com or directly text Barrister Shazia Anjum on her Whats App 00447870959175, and she will guide you further but do not forget to forward your refusal letter and previous decisions to assess your circumstances fully.
Disclaimer
The above draft is to give you a general structure and layout to help you understand your arguments by yourself, however if you are facing any outside immigration rules challenges, it is better to seek an independent legal advice from your Barrister or Solicitor.