NCC2 Referral

[GEORDIE]

Hi, does anyone know anything about what is called an NCC2 Referral (stand for Non Charged Casework) where an Entry Clearance Officer in an embassy refers a visa application back to London?

Im currently trying to bring my unmarried partner and our daughter for settlement to the UK - see my recent Unmarried Partner thread in the Immigration Forum. Our case is marginal as we have 2 years living together but over a 10 year period.

My understanding of NCC2 is that settlement can be granted especially if there are children involved.

Any info would be greatly appreciated.

Many thanks
Geordie

[joebloggs]

if i remember correctly the NCC2 department are specialists in human rights and also deal with outside of immigration rules applications. They make an informed decision as opposed to the ECO. they do not deal direct with the public, They deal with referred cases from ECOs

I thought your applying for a unmarried partner visa, are you applying for a visa for a right of access to a child resident in the United Kingdom, but your partner and child are in the phils ?

[GEORDIE]

Thanks Joe,

I am applying for unmarried partner and my daughter settlement visas. They are currently in The Phils. I was thinking that as my case is borderline then if the settlement visa application is denied I might be able to persuade the ECO to make this NCC2 referral back to London. I've heard that this is possible for relationships of less than 2 years where there are children involved.

I think you are right that this department is primarily concerned with human rights issues and I have no idea how long such a referral would take.

Cheers
Geordie

[joebloggs]

:Erm: i think the child needs to be in the uk if your going to try and use the right to access a child.

is she your daughter or stepdaughter ?, i need to read your previous thread :NoNo:

[GEORDIE]

Joe,
She is my daughter. It is not a right of access issue. I am trying to bring my unmarried partner and our daughter to the UK. Just thought that an NCC2 referral might work if the unmarried partner visa application fails.
Thanks
Geordie

[joebloggs]

well i always look at the reasons they can reject the app for. so start here :D

http://www.ukvisas.gov.uk/en/ecg/chapter26annex2/008chapterannex2section41-45/

and i'm not sure if you've read this.. if not it will give you a better idea.

http://www.ukvisas.gov.uk/en/ecg/settlement/unmarriedsamesex

[GEORDIE]

Joe,
Many thanks for this. I wasnt aware of the first link so that is really useful. A couple of points about the 2 year cohabitation rule :-

1. In the first link I note that the refusal wording does not say that the 2 years had to be continuous merely that the ECO doesnt believe that the relationship has subsisted for 2 years.

2. The second link I note that the couple should provide evidence of cohabitation in the 2-years preceding the application - note it does not say immediately preceding the application. As I will be going to The Phils in January to do the application we will be living together immediately preceding the application anyway!

In my own case we have 2 years but over a 10 year period. We tried to settle permanently in The Phils and we built a house but it was a financial nightmare and I had to come back to the UK in 2007 to work to make up the loss which I have now done. We have a wealth of evidence to demonstrate that we are, in essence, a family and have lived together in a relationship akin to man and wife.

Any further thoughts would be appreciated.

Cheers
Geordie

[joebloggs]

i know what you mean about the 2 links and whether its 2yrs continuous or not :Erm:

but i know people have been refused for supplying, say 21 months evidence, i think the 2yrs period is pretty strict and as far as i can remember everyone i can recall supplied evidence spread over 2yrs and that was continuous and pretty recent (you may be asked for a bank statement for aug, util bill for oct etc for the 2 years)

i think someone got a unmarried partner visa on here not long ago, cant search now for the thread as i've got to work :NoNo:

[GEORDIE]

Joe,
Many thanks for your help.
I do have a lot of evidence supporting our relationship including copies of bank transfers over the last 8 years. The trouble is we did not know we would have to supply this sort of thing when we started our relationship 10 years ago! So some things such as a lease agreement may have gone missing (my partner is currently searching for this). I have my old passports which show dates in/out of the Philippines, photos, a video of our family life, daughter's birth cert in my name plus numerous other things. Just hope it will be good enough.

Cheers
Geordie

[joebloggs]

Geordie search for posts by donnabelvaldeo
might give you some help :rolleyes:

[GEORDIE]

Joe, many thanks for this. I did the search and it gives me great hope to see that this lady (Donna) got her unmarried partner visa even though it would seem they were not living together for 2 years continuously immediately preceding the application.

In particular I noted one post from you which I quote :-

"You must not refuse an applicant if:

* false documents or false representations were used in a previous visa or leave to enter or remain application, and the applicant was not aware that the documents or representations were false ;
* the applicant has raised human rights issues (in particular right to family life under Article 8) which would justify issuing the entry clearance;
* the applicant has raised exceptional and compelling circumstances which are likely to justify a grant of leave outside the rules, you need to refer the application to NCC2 following the usual HO Referrals process (Chapter 25) for a decision to be made outside of the immigration rules; or
* the period specified in 26.17.2 for automatically refusing applications has expired.

The concession means that Rule 320(7B) will not apply to such an applicant. However, the applicant will still have to satisfy the other requirements of the Immigration Rules."

Some questions/observations about this if you dont mind :-
1. What was the source of your quote?
2. Article 8 and the right to family life is under the European Convention on Human Rights - I think that this can apply to applications from outside the EU - do you agree?
3. Chapter 25 - I believe that this is from the Home Office procedure manual for NCC2 referrals?
4. Rule 320 (7B) - This seems to be quoting the exceptions to visa applications from previous overstayers i.e. as in Donna's case

When I make our application I will also be submitting a detailed covering letter outlining the circumstances of our application. Based on what you quoted above I am wondering if I should also mention the human rights issues and exceptional circumstances in that letter or just keep it up my sleeve for use if they refuse the visa i.e. use it as grounds for an appeal. Any thoughts?

Cheers
Geordie

[joebloggs]

sorry im at work again.

yes its probably cut and pasted from the ECO guidence notes..
http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/modernised/general-grounds-refusing/entry-clearance?view=Binary

sorry i'll have to reply later..

[GEORDIE]

Hi Joe,

Sorry to pester you. You have given me some terrific advice and I know you must be busy but I'd really appreciate your comments on my last post.

Many thanks
Geordie