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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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My partner of nine years has walked out on me, our business

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My partner of nine years has walked out on me, our business and our dogs - which we had as puppy's for eight years. I am South African and have over stayed my working holiday visa, which ran out in 1997, for 14 years. I have an application with the Home Office for 'indefinitate leave to remain in Britian' - based on the time I have been here and the fact that I have a right to a family life. My ex-parter signed an affidavit to swear that he will marry me when my legal status became neutrolised - I have done this all through a specialised solicitor. I am not sure how to proceed, at the time he signed the affidavit, everything was ok - apart from the stress we have been under, trying to keep the business afloat, during the ressession. He is now with another women and has not been in contact since he left - we still live in the same town. I am now running the bussiness with his farther. I want to do the right thing and be honest about this to the Home Office. What shall I do?
Submitted: 3 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 3 years ago.

Hi,


Have you submitted the application yet?

 

Kind regards.


Tom

Customer: replied 3 years ago.
Hi
Yes my application has been submitted, I had a letter dated 13 September 2011 from the Home Office, stating that my application has been received and that it has been passed on to a case worker. I had to request my passport back from the Home Office - it is my only photo I.D - in order to do my Life in the UK test.

Expert:  Thomas replied 3 years ago.
Hi,

When did your partner walk out on your specifically?

When did he swear the affidavit confirming his intention to marry you upon receiving indefinite leave to remain?

Kind regards,

Tom
Customer: replied 3 years ago.
Hi,

We went to see my solicitor in June, he signed the affidavit then. He walked out the 3rd of September - I have been in such a state not knowing what to do.The bussiness has not been doing well for a few years and has put a lot of strain on us, I was hoping he will come back, but I think he is having some kind of brake down. He has not responded to my texts and I have not spoken to him since he came around to get some clothes. He has no interest in seeing the dogs, all his stuff is still here.
Expert:  Thomas replied 3 years ago.
Hi,

What was the precise date the application was sent to the UKBA?

Kind regards,

Tom
Customer: replied 3 years ago.
Hi,

According to an email from my solicitor the letter to the Home Office, that was sent with my application, is dated the 8th of September 2011. We first started seeing the solicitor in August 2010 - I had to apply for a new SA passport as I lost my original one and that held up the case for a while.
Expert:  Thomas replied 3 years ago.
Hi,

Thanks for your reply.

The difficulty you have is that your partner walked out on you before you submitted the application with an affidavit stating (presumably) that you were still together and intent upon marrying each other once your received ILR. So, if you were certain at the time the relationship was at an end when you submitted the application then this could be construed as deception by the UKBA.

Deception is taken very seriously by the UKBA and could be grounds for refusing your application.

Ideally, you would have submitted your application before he moved out.

It would be best if – on the balance on probabilities – you both considering at the time of submitting the application that his moving out was a temporary measure and that you just needed some space as couples do from time to time.

If it is apparent that he will not now continue your relationship then you essentially have two options:-
1) Do nothing and hope the UKBA approve the application. Omitting to disclose the end of your relationship if still a form of deception. They could reject the application and you would then consider appealing. If he is required to be involved in submitting evidence on appeal then this could put both of you in trouble because you could perjure yourselves. This is a criminal offence and as such I could not advise you to take this option because of the inherent possibly risks
2) Submit a clarification letter to your application explaining the change in your relationship. If you state that you both knew that your relationship was at an end then they could construe it (still) as deception). If you can state in good conscience that you were confident that the relationship would continue at the time of submission - and in any event had not considered the impact of the change on your application being a lay person and being under considerable personal stress - but are now convinced that this will probably not be the case then you might be okay if he is able to submit a revised affidavit stating that he can confirm a defined period of time that you were in the UK.

You need to speak to your solicitor who prepare the application about this.

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Kind regards,


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