We are hoping to see a solicitor next week but I am also posting here in the hope that someone can stop me having a panic attack help.
DP is American. We met in the UK and have been together for 6 years, living together for 5. We are getting married next year. He is just finishing a PHD and his student visa expires in January, so we applied for leave to remain due to us having lived together for 5 years and my being a UK citizen.
We got a letter today telling us it's been refused on several grounds: firstly they say we haven't proved we live together, secondly, we haven't proved my earnings, and thirdly, there is no insurmountable obstacle to us living together in the US. They even suggest we use modern communications (presumably skype etc) to conduct our relationship from opposite sides of the Atlantic!
We rent, and we sent our tenancy agreement, which is the only one we've ever had, which does make it look like it expired after six months- we just went onto a 'rolling contract.' We are going to ask our estate agent for a new agreement or an official letter to confirm we do actually live together. We also sent my payslips for the last six months. They say we should have sent bank statements. It didn't say that when we applied! We can send bank statements.
In terms of "insurmountable obstacles", legally speaking I am not sure what we have to prove. Because my DP has been studying I have been building my career here in the UK as a teacher and I love my job. I have no idea if I could get a job in the US, or even get a visa. My family is all here. Really it comes down to the fact that we have a life here- my career, our friends, my family...and my DP had a plan to apply to for jobs in his field once his PHD was complete. Even if he couldn't find a job, I am earning enough to support him. We've discussed that he could be a SAHP while I work once we have children.
I'm really panicked. I don't want to emigrate to the US, although of course I will try to if it is our only chance to be together. But what happens if I can't get a visa for the US either? If my DP gets deported at the end of January we will have to live separately for a while as I can't just walk out on my school and fly to the US just like that. We are secure and in love but it will obviously be horrible and put a painful strain on our relationship.
Also, I feel that the Home Office have deliberately made it hard for us by only giving us 14 days from the date of their letter to appeal, then sending it second class and timed to arrive today, a Saturday, so we can do very little over the weekend in terms of getting legal advice etc, and actually only have ten days now to appeal.
Can anyone please help? Sorry for the length!!
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DP's Leave to Remain Visa Refused- Can Anyone Help? Long sorry!
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DrinaDancesInParis · 05/12/2015 18:59
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