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Thomas
Thomas, Solicitor
Category: UK Immigration Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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If I enter into a Civil Partnership with someone from the Philippines

Resolved Question:

If I enter into a Civil Partnership with someone from the Philippines who is currently staying here whilst he is studying, what will our position be when his studies finish and his visa runs out. The reason I am asking is because we are starting to get close and I do not want to let things go any further if in the end it will only lead to heartache for both of us.
Will greatly appreciate any information and guidance that you can give me.

Yours sincerely, XXXXX XXXXX
Submitted: 2 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 2 years ago.

Hi Ian,

Thanks for your question.

He will need to apply for a spouses visa (ie. Settlement) if he is to settle with you permanently here. He must make this application before his current visa expires and can do so provided that you are civil partners and that the last time he was granted a visa it was for more than 6 months.


If the application is well prepared and you meet the following eligibility criteria then it will make the application easy and quick to decide upon for the UKBA. To be eligible, you must show:-

• 1. That you are legally married/civilly partnered to each other (marriage certificate)
• 2. You are present and settled in the UK (eg. Passport, proof of accommodation)
• 3. You intend to live permanently together here in the UK (statements, evidence of her (statements, correspondence(
• 4. You can support each other without the need for public funds (bank statements, evidence of income)
• 5. You have suitable accommodation which is owned or lived in only by you or your household and where you and your dependents can live without any help from public funds (tenancy agreement, land registry docs if you your own home)
• 6. That neither of you are younger than 21 years of age. (birth certificates, passports)

You have to produce to the UKBA documentation that proves the above. This would be some of the following:-
• Bank statements from both you and him going back 6 months showing the income/capital you have available
• Payslips (6 month of) and a letter from your employer stating that you have a permanent job, contract of employment
• Documentary evidence of any other assets you hold (eg. Shares, evidence of ISAs or bonds)
• Marriage certificate, Birth Certificate, passport
• Evidence of correspondence between you and he showing that the relationship is credible and genuine (eg. Emails, letters, evidence of previous trips, photos showing you together, phone records
• Evidence of the accommodation where you will live (ie. land registry officials copies of the property that you own, mortgage documentation, copy tenancy agreement if you rent, council tax statements, house report by a solicitor, letter from landlord confirm he is happy to give you a further tenancy agreement
• Evidence that he can speak English: http://www.ukvisas.gov.uk/en/aboutus/features/englishlangrequirementpartners
• You should also include job adverts showing jobs available that he could do when his visa expires and show, via your partner’s CV, that he has the qualifications and work experience that he would be a viable candidate for those roles

Further information here:-
http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/spouse-cp/documents/maintenance/


He will need to apply for settlement (ie. spouses visa) by using form FLR(M) Settlement, available for download from UKBA's website. It would be best for either a solicitor in the UK to prepare it in consultation with both you and your husband before submitting it to ensure the best possible chance of success upon determination by the UKBA.


You can find Uk immigration solicitors through the following Law Society Website search engine:-
http://www.lawsociety.org.uk/choosingandusing/findasolicitor.law

The visa will be granted for a period of 27 months. He can apply for indefinite leave to remain once he has been here for 24 months. 12 months later he can apply to be naturalised as a UK citizen provided he has not spent a lot of time outside the UK during the 36 months total.

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I will answer your follow up questions you may have.

Kind regards,


Tom
Thomas, Solicitor
Satisfied Customers: 6296
Experience: BA (Hons), PgDip, Practising Solicitor
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