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.
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?
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.
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.
Its a pleasure.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).