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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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im entering a cicvil partnership with my partner in south africa

Resolved Question:

im entering a cicvil partnership with my partner in south africa in February. He will be joining me in the uk in June or July. What forms for his visa to enter the uk must be completed, orshould i contact the Home Office in the uk now...many thanks stuart cartwright
Submitted: 2 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 2 years ago.
Hi Stuart

Thanks for your question.
To enable me to answer your question could you please respond to the following using the same numbering:-
1. What nationality are you
2. What nationality is your partner

Kind regards.
Tom
Customer: replied 2 years ago.

I am British, holding a British passport, resident in the uk for the ast 7 years, I have dual citizenship as I also hold a South African passport

 

My partner is south African

Expert:  Thomas replied 2 years ago.
Okay. I'm just drafting now/

Are you financially stable (ie. able to accomodate/support yourself)?

Would your partner be able to work?

Tom
Customer: replied 2 years ago.
I have always worked as a chef, never claimed benefits at all, have accomodation although rented, have a current account and savings , at the moment i have just over £2000 in the savings, does change a bit, also have an ISA with HSBC with £16500 in it....
Expert:  Thomas replied 2 years ago.
Hi Stuart,

Thanks for your reply .

He will need to apply for a spouses visa (ie. Settlement) if he is to come here to settle with you permanently.


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 civilly partnered to each other
• 2. You are present and settled in the UK
• 3. You intend to live permanently together here in the UK as husband and wife
• 4. You can support each other without the need for public funds
• 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.
You have to produce to the UKBA documentation that proves the above. This would be some of the following but others will probably be relavent depending on your circumstances:-
• Civil partnership certificate
• Bank statements from both you and your partner going back 6 months showing the income/capital you have available at the present time
• Payslips (6 month of) and a letter from your employer stating that you have a permanent job, contract of employment etc
• Documentary evidence of any other assets you both hold (eg. Shares, evidence of ISAs or bonds)
• Passport
• Evidence of correspondence between you and your partner 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 both 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 she can speak English: http://www.ukvisas.gov.uk/en/aboutus/features/englishlangrequirementpartners
• You should also include job adverts showing jobs available that your partner could do when her comes here and show, via his 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/can-you-apply/english-language/

He will need to apply for settlement (ie. spouses visa) by using form VAF4 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 partner 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.

The best thing you can do is to instruct a solicitor to prepare the application for you. They will know how to set out the application in the way preferred by the UKBA, thus giving you the best chance of approval upon determination.

If this has been useful please kindly click accept so that I may be rewarded for my time. If you do not click accept your money stays with the site and I do not receive any credit for the time I have taken to answer your question.

I will answer your follow up questions you may have.

Kind regards,


Tom
Customer: replied 2 years ago.

What worries me isI live in a house, shared with two other people , I rent a portion of the house and my partner living with me woukd e no problem, is this suitable.

 

I can give written proof that we both worked at a hotel in the uk in 2005, and started a relationship then.

 

I can give written proof that that same hotel is happy to have him back to work.

I can give proof that i am waiting for a furher £14000 from an estate in south africa.

Should my partner enter the uk as normal and then us give proof of partnership, or apply as such in his app. in SA

 

 

 

Expert:  Thomas replied 2 years ago.

The tenancy you describe will be fine provided you can show that your partner will be able to live with you in your room. You should get your landlord to confirm their agreement to this.


The proofs you describe are fine.


You partner should NOT enter the uk as normal. He MUST apply for the above visa first. It generally takes about 6 weeks for the UKBA to determine each application made, so you should factor this in to your plans.


Tom

Thomas, Solicitor
Satisfied Customers: 6513
Experience: BA (Hons), PgDip, Practising Solicitor
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Customer: replied 2 years ago.
sorry am i still waiting for a further response
Expert:  Thomas replied 2 years ago.

Hi,


Here is my above post (I'm not sure that you saw it):-

The tenancy you describe will be fine provided you can show that your partner will be able to live with you in your room. You should get your landlord to confirm their agreement to this.


The proofs you describe are fine.


You partner should NOT enter the uk as normal. He MUST apply for the above visa first. It generally takes about 6 weeks for the UKBA to determine each application made, so you should factor this in to your plans.


Tom

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