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INC
INC, Solicitor-Advocate
Category: UK Immigration Law
Satisfied Customers: 11510
Experience:  LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
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I am a British Citizen who has been working overseas (Namibia

Resolved Question:

I am a British Citizen who has been working overseas (Namibia in Southern Africa, a Commonwealth country) as a volunteer/development worker for almost 5 years.

I have been living with my Namibian partner for over 3 years and we recently got married here in Namibia. The marriage is registered and we have a marriage certificate etc.

I am about to return to the UK but as a returning development worker I will have to find a job. We very much want him to join me but I believe he will not get a marriage visa until I get a job and can prove I can maintain him and provide accommodation. This would require at least three months evidence of income etc before it would be accepted. Given the current economic situation it may take several months for me to find a job plus three months working as evidence. How can we minimise the impact of the imminent split of several months in our living together is there any way we can register our intent etc so that any delay in my getting a job does not negatively reflect on his application?

Any advice related to this and our situation will be gratefully received.
Submitted: 3 years ago.
Category: UK Immigration Law
Expert:  INC replied 3 years ago.

Hi,

 

Thanks for your question.

 

The short answer is that there is little you can do to minimise the impact.

 

Immigration Rule 281 states the requirements to be met by a person seeking leave to enter the United Kingdom with a view to settlement as the spouse or civil partner of a person present and settled in the United Kingdom or who is on the same occasion being admitted for settlement.

 

If you and your Partner intend to travel to the UK together, the latter part of the above-mentioned rule would apply.

 

In any event, unless you can prove to the UKBA you can accommodate and maintain yourselves without recourse to public funds, you application will be unsuccessful.

 

Not being reliant on public funds could mean that you can show there is suitable employment available to you both in the place where you live or close enough so that you can travel. In this regard, I suggest obtaining potential positions of employment from the www.direct.gov.uk website.

 

 

If you wish to discuss, please feel free to ask further questions.

 

Kind regards,

 

 

Customer: replied 3 years ago.

Ok - I understood this but with us there is about to be a forced split while I return to the UK to get a job to support us both. I understand I need a job and at least three months evidence via bank statements etc of my ability to support him.

 

My core query was that under these circumstances - that we will have an enforced split, is there any way we can minimise the impact in terms of his visa application later. At the moment we can provide rent details, testimonies etc that we have been living together for three years+. I would imagine a split of several months would weaken our application???? Assuming yes the query was what can we do about it?

Expert:  INC replied 3 years ago.

Hi,

 

A forced split should not have the affect of weakening your application. To the contrary, it will actually strengthen your application if you manage to obtain employment whilst in the UK.

 

Provided both you and your partner remain in regular contact and can provide evidence of such contact, I am of the opinion that it will not adversely affect your application.

 

 

If you wish to discuss, please feel free to ask further questions.

 

Kind regards,

 

 

INC, Solicitor-Advocate
Satisfied Customers: 11510
Experience: LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
INC and other UK Immigration Law Specialists are ready to help you
Customer: replied 3 years ago.

Thanks very much for your help.

 

That is the information I needed. I now also know that just using Skype to talk once a week is not the best solution as there is no trace!!!! Back to making sure there is a paper trail.

 

Thanks again

 

 

 

Expert:  INC replied 3 years ago.
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