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Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7435
Experience:  BA (Hons), PgDip, Practising Solicitor
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I entered the UK in October 2006 on a spousal visa attached

Resolved Question:

I entered the UK in October 2006 on a spousal visa attached too a non UK resident. I re-applied for a residence permit in 2009 and was granted 0ne until February 2014. Is this still dep[endant on my spouse and I being together?
Submitted: 6 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 6 years ago.



Can you confirm that you married a EEA national and therefore received your residence permit?



Customer: replied 6 years ago.



I have a civil partnership with a South African citizen on a sponsored work permit to the UK. We have been residenmt since October 2006

Expert:  Thomas replied 6 years ago.



I think you are a little confused about the terminology here. As the civil partner (or spouse) you would have applied for a dependent visa when you came here initially. You state that you applied for a residence permit, but this is only available to EEA nationals and their spouses. I assume that what you actually did is to extend your dependent visa.


If this is the case then it is dependent on your partnership continuing. If you were to split up and the UKBA found out about it then they would probably take the decision to curtail your visa and ask for you to leave the country. You would though be able to switch to another visa category if you are eligible to do so.


If the UKBA do not find out about your breakup then your visa will simply continue until it expires.


If you are here under the dependent visa for a period of 5 years then you become eligible to apply for indefinite leave to remain so that you could stay permanently here. The difficulty with this is that it would have to be supporting by your civil partner by saying that your civil partnership is subsisting and continuing.


I am sorry it could not be better news.


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Kind regards.



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