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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7505
Experience:  BA (Hons), PgDip, Practising Solicitor
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What are the major differences between applying for a UK partner

Resolved Question:

What are the major differences between applying for a UK partner visa from within the UK or outside the UK? Is it easier to apply from within the UK or from my home country (USA)? Would you recommend applying from within the UK or for me to return to the USA to apply?
Submitted: 5 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 5 years ago.

Hi,


What is your immigration status in this country?

 

Tom

Customer: replied 5 years ago.
Tier 1 General
Expert:  Thomas replied 5 years ago.

OK.

 

Are you yourself apply for settlement on the basis of your relationship with unmarried partner, or perhaps your spouse?

 

Do they have ILR or UK citizenship?


Tom

Customer: replied 5 years ago.

I will apply for settlement on the basis of my relationship with my spouse (isn't this the same thing as applying for a partner visa?). He has UK Citizenship.

Expert:  Thomas replied 5 years ago.

Ok.

 

Provided you were granted leave to remain here for longer than 6 months on your Tier 1 Visa and this visa is still valid then there is no reason why you cannot switch to a spouses visa.

 

You will need to submit form FLR(M) to the UKBA and you must meet the following eligibility criteria:-

  • you are married to or the civil partner of a person who is present and settled in the UK;
  • you and your husband, wife or civil partner will both be at least 21 years old (or 18 years old if either of you is a serving member of HM Forces) on the date when we would give you permission to remain;
  • you have met your husband, wife or civil partner;
  • you have not remained in the UK in breach of the immigration laws;
  • your marriage or civil partnership did not take place after a decision was made to deport or remove you from the UK;
  • you and your husband, wife or civil partner intend to live together permanently as husband and wife or as civil partners, and the marriage or civil partnership is existing and genuine (not a 'marriage of convenience', for example);
  • you have adequate accommodation where you and your dependents can live exclusively and without help from public funds; and
  • you will be able to maintain yourselves and any dependents adequately without needing public funds.
  •  

    If this is useful please kindly click accept so that I may be rewarded for my time. You will be free to ask follow up questions.


    Kind regards,

     

    Tom

    Thomas and other UK Immigration Law Specialists are ready to help you
    Customer: replied 5 years ago.
    Hi Tom,

    I was already aware that I'm eligible to apply. Can you answer my initial questions? Would it be better to apply in the UK or from the US? Is there any difference between applying from the UK or the US?

    Thanks
    Expert:  Thomas replied 5 years ago.

    Hi,


    There is no advantage to be had by applying from the US instead of the UK, or vice versa, in the sense that your application is more likely to get approved by the UKBA. They will make their choice on the basis of your eligibility and how that is evidenced by your supporting documents.

     

    The practical advantage is that you need not burden yourself with the practical matters and administrative hassle of arranging flights, etc back to the states

     

    It would take marginally longer to reach determination on your application if it were submitted in the US because of the transit of the application itself, but the analysis of the application would not differ at all depending on where it is submitted.

     

    Trust this clarifies, if so please click accept.


    Tom

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