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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 2 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.
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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.
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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.
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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.
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Customer: replied 2 years ago.
Lastly, can you guve me an example about my case concerning human rights ? Especially im pregnant now.
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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.
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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.
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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?
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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.
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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?
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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?
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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