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