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John Knox
John Knox, Solicitor
Category: UK Immigration Law
Satisfied Customers: 1140
Experience:  solicitor with 8 years experience
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my partner is goin to expire on 23rd of feb and im pregnant

Customer Question

my partner is goin to expire on 23rd of feb, is there a chance if he can still apply for my dependant unmarried partner visa, by not going home?because im pregnant which is due on june.. i dont wnt him to leave the country, because its only me. and nobody is with me when i give birth. we have already filed evidences that were together for more than 2 yrs. do i need a solicitor?my current status is tier 2 general
Submitted: 2 years ago.
Category: UK Immigration Law
Expert:  John Knox replied 2 years ago.
Hello,

I will do my best to help you with this.

On what basis is your partner here at the moment please?
Customer: replied 2 years ago.
My partner' s visa is tier 2 ( general) expire this feb 23. He s supposed to apply ilr but because theres a gap with his visa and continuing to have that 5 years ,so the solicitor said to be my dependant. Im also tier 2 general expire next year. Now, can i take a risk applying my partner as my dependant? Which in fact its going to expire nxt 2 weeks. My very concern is leaving me while pregnant and soon to give birth
Expert:  John Knox replied 2 years ago.
Hi

Applying as your dependant is a possibility but it would be better if your partner applied for an extension of his tier 2 general visa - if he has the attributes points and the english language and maintenance points, he should be successful.

At the very least, if he applies that will delay matters for several months. If he were rejected, he could appeal and gain more time and if his appeal was dismissed, he could appeal again and that would take several months. By which time, your child would be a year old! So, at least you would not have been left here alone that whole time.
John Knox, Solicitor
Satisfied Customers: 1140
Experience: solicitor with 8 years experience
John Knox and other UK Immigration Law Specialists are ready to help you
Customer: replied 2 years ago.
He cannot Extend his visa because he s in different visa. Not the one who sponsored him. That why u need to apply him as my dependant.

Can i apply it here for dependant? Or he needs to go home and file it there? Because my concern is hes going to expire in 2 weeks time.
Customer: replied 2 years ago.
You min filing for a unmarried dependant visa back home is not a strong case that will take ages?
Expert:  John Knox replied 2 years ago.
OK, I understand that he may not be able to extend his tier 2 visa.

The way to go then is to apply from the UK for a tier 2 dependant and provide the necessary evidence of maintenance funds and your sponsorship etc.

If the application fails, you can appeal on the basis of your and your partner's right to private and family life, in other words on human rights grounds. The fact that you are pregnant and need your partner's support is very significant and will make your appeal strong.

What I was about the case taking a long time was not supposed to suggest that the case is not strong. I was just pointing out that IF the application is refused, there are various appeal options and your partner will be allowed to stay in the UK whilst the Home Office take time (as they always do) to make decisions. There are several appeal options which you can use and that mean that your partner will be able to stay in the UK for a long time, even if he is eventually unsuccessful. However, I do think that he will be successful, either on the first application, or following an appeal on human rights grounds.
Customer: replied 2 years ago.
Do i need to apply it here in ukba? Bringing all the evidences . Taking the risk? Even if hes goin to expire it on 2 wks time? What if we can pass the papers nxtweek? Using the same day visa in ukba. Could be alryt?
Expert:  John Knox replied 2 years ago.
Yes, you could make the application next week. If your partner's visa expires in two weeks, it is crucial to get the application in prior to that. Probably better to use the same-day service so that you ensure you do not make any mistakes, either with the application or the payment etc.
Customer: replied 2 years ago.
You think its a strong case to apply it here? Or it 50-50?
Expert:  John Knox replied 2 years ago.
I think it is a 60-40 case, which is strong in legal terms! The main point is that, if your application is refused, you can bring the appeal on human rights grounds and I think that would be a strong appeal.
Customer: replied 2 years ago.
Cant we just straightforward in terms for human rights? Like for example for human rights? About my pregnancy?
Expert:  John Knox replied 2 years ago.
No because there has been no refusal to allow him to stay so far! His human rights can only be breached if the Home Office say he can't stay and must go home...
Customer: replied 2 years ago.
Lastly, can you guve me an example about my case concerning human rights ? Especially im pregnant now.
Expert:  John Knox replied 2 years ago.
Yes, the right to respect for private and family life is enshrined in Article 8 of the European Convention of Human Rights and means that you have the right to form personal relationships, for example. If the Home Office insisted that your partner left the UK, whilst you remain here, it would be breaching your right to develop this relationship and to have the father of your child with you during pregnancy, childbirth and motherhood. This is a strong argument.

To give you an example of a recent case, a man from Bangladesh was allowed to remain in the UK on human rights grounds after his visa extension application was refused. The reason was that he had developed a close network of friends through playing cricket every weekend! So, that was deemed to be in support of respect for his private (not even family) life. Although many commentators have said it is a bad decision, it is an extreme example of how far the right can be stretched. Your case is much clearer and I think you will be fine.
Customer: replied 2 years ago.
weve made a tough decision that he's goin home nextweek and file the application back home. u think weve made a better decision?even though weve sacrifice a lot.
Expert:  John Knox replied 2 years ago.
OK, it does make sense to do that, it is less risky. If the app. is refused, you will still have recourse to the human rights argument and I would hope that you will be successful in the end.
Customer: replied 2 years ago.
2nd problem is that hes married in the philippines. But he doesnt have communication wid his wife for the past 6 years since he came here in uk. He doesnt heard any news from her ever. But does it shows hes still legally married? But ive read in our code that theres no need to go to court and its enough that any of circumstances is present (a) there be no news that such absentee is still alive. Would you think home office is going to question this without any evidences?. We dont have divorce in the phils only separation
Expert:  John Knox replied 2 years ago.
Hmm that is a spanner in the works isn't it!

It does not present a problem in terms of what you are trying to achieve now but it could later on if you wish to marry. It would be better if your partner does not raise the marriage at this point.
Customer: replied 2 years ago.
We dont have to plan to marry yet to be honest. But what shud i put on the application form in marital status? Is it separated? Because i know one of the requirments of an unmarried partner visa is that there's an end of the previous relationship. Shud i support the answer that he's separted or not?
Expert:  John Knox replied 2 years ago.
At this stage, just say separated and leave it at that. You may need to evidence it later on if the issue arises.
Customer: replied 2 years ago.
What evidences? Because i cant think any evidences because of no communication. Just in case they ask.
Expert:  John Knox replied 2 years ago.
Evidence of the relationship whilst it was in progress - marriage certificate, correspondence, living arrangements etc. If there are no documents to evidence it, your partner could do a witness statement with a sworn statement of truth, confirming the details of the marriage and that they are now separated.

John
Customer: replied 2 years ago.
Can you give an example please for the example of witnes?Do we need to have a lawyer to sign for my partner's statement?
Expert:  John Knox replied 2 years ago.
It would be your partner who would be the witness - he would provide a statement covering the details of the marriage. He is not required to do one at this stage but could be if they asked for info. You should not worry about that aspect of it at the moment though. You could ask a solicitor to help you prepare the statement if that became necessary.
Customer: replied 2 years ago.
So u min so far im not going to worry about my partner's status? They will focus on human ryts, isnt?
Expert:  John Knox replied 2 years ago.
Yes, correct.

John
Customer: replied 2 years ago.
You think we can ask for a certificate of Partnership from one of the solicitors here? Or a statement from a solicitor about separation?
Customer: replied 2 years ago.
or affidavit of separation?
Expert:  John Knox replied 2 years ago.
Yes you could, certainly. A witness s/m would suffice, an affidavit should not be necessary. As we said though, you do not need it at the moment, only if further evidence is requested,

John
Customer: replied 2 years ago.
whose going to sign for the witness?can i do that here in uk?and asl for a solicitor to syn for him?sorry, im just bothered wid this , im just preparing the docs before my partner leavs.
Expert:  John Knox replied 2 years ago.
No, it would be your partner who signs as it would be his statement. Don't worry though, he can sign from abroad, scan and email the signed statement etc.
Customer: replied 2 years ago.
ive made already the witness statement, do u need to include this form in the application i will pass?
Expert:  John Knox replied 2 years ago.
No, just keep hold of the statement for now - it doesn't need to go unless they ask for more info later on
Customer: replied 2 years ago.
and lastly, would u mind just to give me an summary about the case of my partner. i min, simple words can do, so that i can understand it properly. from your own points of view. if what shud be a better decision. if i wer u. starting fom filing the application either here or bck home?which is a better decision?and what are the chances?because at this moment its difficult to decide, plus my condition that im pregnant and in 4 months time, im going to give birth.

i was confuse, since i was reading the article 8 human ryts. because a lot of issues either illegal or legal issues, as long as u have ur own ryts in here. how much more with my situation.

thank you so much for your help!!
Expert:  John Knox replied 2 years ago.
Hi

My view is that he should apply from here and stay here while the decision is being made.

If the app is refused, he makes an appeal.

More time will pass, you will have the baby, he will still be here.

If he loses his appeal, he makes another appeal, he will still be here, time will be passing.

If he eventually loses, he will go home, and he will then have to try to get back in which may not be easy but at least he will have been with you through the pregnancy and early months and years of the baby's life.

If he applies from abroad and is refused, he cannot get into the UK whilst his appeal is being dealt with, so you will be on your own. He will probably get in eventually, after an appeal but it could take months, even years.

It is more of a risk to apply from here but at least you will be together.
Customer: replied 2 years ago.
can he still work,while waiting for the result?do we need a solicitor for this case?and is that alryt to file now before his expiration visa will be on the 23rd of feb?
Expert:  John Knox replied 2 years ago.
It would probably be better to use a solicitor to help you with this, it is important to get it right when you apply.

You can file it now before his visa expires. Obviously, you will need to act quickly.

He could only work after 23rd Feb if the visa he is applying for (dependant visa) would entitle him to work.
Customer: replied 2 years ago.
how long is the appeal wud be?do u have any recommend a good solicitor for human rights?or how about u?
Expert:  John Knox replied 2 years ago.
THe appeal could take 6 months or more. I am not allowed to recommend a solicitor on here I am afraid!
Customer: replied 2 years ago.
how about applying for discretionary leav?
Customer: replied 2 years ago.
what this the right ukba application form,that im going to apply for my partner?
Expert:  John Knox replied 2 years ago.
let me double check
Customer: replied 2 years ago.
Is it the flr (m) form?
Customer: replied 2 years ago.
hello

just want to also, if you are applying here, does my partner going to present all his employment before?like his visa before,employment certificates and etc. are they going to see ur immigration status as well?
Expert:  John Knox replied 2 years ago.
Hi

It would be VAF10 - dependant of points based system work migrant.

I don't mind answering more Qs but could you give me another ACCEPT so that I get credited for my answers?

THanks
Expert:  John Knox replied 2 years ago.
let me double check
Customer: replied 2 years ago.
Is he going to bring all his emplyment details? Are they going to chek his immigrant status?
Customer: replied 2 years ago.
hello

weve made a final decision already, hes going to file the application nextweek here in uk by same day visa. hmmmm... we are not going to have a solicitor first, but his visa will be refuse and given us a chance to appeal, i think thats the time to seek for a help from the solicitor. but let's see what will happen, fingers crossed!

i think that VAF-10 application form is for dependants applying outside the UK, isnt it?

i think also, the form FLR (m) is the form we are going to use for applying for an extension of stay in the uk as the partner of a person present and settled in the uk and for a biometric immigration document?

and lastly applying here, is my partner going to bring his employment details, are they going to check his immigration status as well??


thank you so much.
Expert:  John Knox replied 2 years ago.
Hi

They will check his immigration status, yes.

Re: the form, my understanding is that you are tier 2 general. On that basis, it is not correct to say you are 'settled' in the UK. Settled persons are those with Indefinite leave to remain.

If you do it from within the UK, you are going to have to use form PBS (Dependant).

Good luck, fingers crossed!

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