Sorry for the lack of updates. We have been working with our local MP who has been fighting hard for an update from the Home Office - and today that update came.
Unfortunately, it wasn't the update we were after.
After waiting 14 months for my UK visa application without a single update, today it was refused. I now have a matter of days to leave the country, Stephen & Oscar (our dog) behind.
Stephen & I have spend the last few days going through the refusal letter. The Home Office have made multiple errors in the letter of refusal and as far as I can see, their reasoning is unjustified - in fact, they even sent us back the very evidence that contradicts their claims. Here are just some of examples of how this rejection letter is so unjust:
HOME OFFICE: Claim that we have not provided evidence that Stephen & I have lived together for the required 2 year period to count as an unmarried couple under UK law. “The earliest evidence you have provided to support that you were residing at the same address as your partner is from January 2016.”
FACT: We have provided full evidence (including an Instagram photo showing the date 3 February 2015) that we moved into our London flat together a full year earlier than this. We also included bank statements showing monthly rent payments from our joint bank account.
HOME OFFICE: Claims that Stephen is unemployed and therefore can easily move to Australia with me. “It is noted that your partner is currently unemployed in the UK”
FACT: Stephen has been in full-time employment for 8 months. Our lawyer provided evidence of Stephen’s employment including 6 months of pay slips and a signed letter from his employer.
HOME OFFICE: “While it is acknowledged that your partner has lived in the United Kingdom all his life this does not mean that you are unable to live together outside the United Kingdom. Although relocating together may cause a degree of hardship for your British partner, the Secretary of State has not seen any evidence that there are insurmountable obstacles in accordance with EX.2 preventing you from continuing your relationship outside of the United Kingdom”.
FACT: As part of our application we made clear the importance of us being in the UK for Stephen’s mental health, and the support in his continued treatment I offer - this part of the application was supported by doctors letters to this affect, and yet “the Secretary of State sees no insurmountable obstacles” in making Stephen leave the country as well.
To me, it feels as through the entire process is designed to make applicants fail, go broke, give up and go home. I’m not sure if this is a target-related rejection or if our Change.org petition upset someone at the Home Office and they rejected it in spite.
Perhaps the Home Office is incompetent, staff are overworked, or perhaps a worker took a personal dislike to two men trying to make their lives together. Whichever it may be, there is no logical reason as to why or how the Home Office should be allowed to treat applicants in such a way.
The rejection letter is dated the 24th July 2018 and states that I "may be removed without further notice" 7 days after the letter was posted - that was 11 days ago...
Stephen & I would like to thank you all for your support, kind words and any financial support you have given to this petition. I promise you this is not over, and I will return to the UK to be with Stephen again.
See photos of the incorrect visa refusal letter.
Rusty, Stephen & Oscar x