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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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I am planning to enter into a civil partnership with my girlfriend

Resolved Question:

I am planning to enter into a civil partnership with my girlfriend who is a British citizen living in London. I currently live in Dubai and we plan to formalize this partnership in London. My question is:

1- How soon after we get our civil parternship certificate can I apply for a visa under the Civil Partner arrangement (http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/spouse-cp/documents/)

2- How much in maintenance funds do I have to show in my account

3- Will her financial status affect the decision? Do we have to submit evidence of her income? If she is currently unemployed, will that affect the decision even if I can prove that I have enough money to cover my own expenses?

4- Is there an indicative range for how much I need to have in maintenance funds, assuming she is unemployed?

5- Will the fact that she has recently accessed public funds impact the decision?

Thank you in advance..
Submitted: 2 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 2 years ago.



Hi
Thanks for your question .

For clarity and the avoidance of doubt, could you please respond to the following USING THE SAME NUMBERING:-
1. What nationality are you
2. Is she currently unemployed?
3. If she is employed, how much is her annual income?
Kind regards.

Tom
Customer: replied 2 years ago.
Hi Tom, Please see my answers below:

1- I am Sudanese

2- She is unemployed now (not sure if she has claimed any unemployment benefits or is she living off her savings)

3- Answered in 2

Thanks,
Expert:  Thomas replied 2 years ago.
Hi,

Do you anticipate having an offer of employment in the UK at the time you make your application and, if so, at what salary?

Do either of you have savings?

I have to leave the office now, I will be able to answer your question in about an hour. Trust this is okay.

Kind regards,

Tom
Customer: replied 2 years ago.
Hi Tom,

I have been talking to few potential employers but there are no concrete offers so far, although things might change in the next few weeks. The offers for these positions is in the 30k range, but again, no firm offers yet.

I do have savings which are about 35k GBP

Take your time, no rush..

Thanks,
Expert:  Thomas replied 2 years ago.
Thanks, XXXXX XXXXX or so now.

Tom
Expert:  Thomas replied 2 years ago.
Hi

Thanks for your reply.

There are new rules coming in on 9th July which alter the eligibility criteria to the extent that applications for fiancé/spouse/civil partner visas in that the UK based spouse must earn a minimum income threshold of £18,600.
This will doubtless be challenged by individuals who do not meet the criteria, or whose circumstances are different (eg. Where one has significant savings but no income) and no-one really knows what’s going to happen, including we practitioners.
You do not meet the criteria at present, but if you are able to secure a job offer that will pay in the 30k range and you have the savings that you refer to then I would say that you are reasonably well placed to challenge the inevitable rejection by the UKBA on appeal. However, you would certainly have to pay legal fees for a solicitor and barrister to act in your appeal. These could range from £2000-3000 so it’s fair to say that it’s a risk.

It would be less of a risk if your partner could secure a job a shade below the salary threshold so that your job/savings could also be included.
The financial part of the criteria in addition to the above is that you must be able to show that you are able to support/accommodate each other without accessing public funds. The position is technically that no more in public funds should be claimed as a result of you being here than is already the case, so the fact that she has claimed benefits is not fatal to your application but the bigger problem is still the salary threshold
Your choices are to wait for a few months to see how the challenges to the rule go and then act apply on the basis that your situation is similar to a successful challenger, or to apply immediately and seek to challenge it yourself.

Sorry it could not be better news.





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Kind regards,


Tom
Thomas, Solicitor
Satisfied Customers: 6650
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and other UK Immigration Law Specialists are ready to help you
Customer: replied 2 years ago.
Thank you Tom.

I just wanted to check with you that if I have eventually been offered a job above the 18,600 limit, will the employer still have to seek candidate from within the UK first and as a priority before extending the offer to me or will this does not apply in my case. In other words, does the employer have to seek candidates from the UK or EU and have the job offer certified by authorities in the UK or can then just make me the offer based on my qualification and I can then include it in my visa application under the spouse category?

Thank you for your detailed answers
Expert:  Thomas replied 2 years ago.
I will answer at 9 bst

Tom
Customer: replied 2 years ago.
Thanks Tom, please take your time, no rush.
Expert:  Thomas replied 2 years ago.
Thanks
Expert:  Thomas replied 2 years ago.
Hi,

Your prospective employer can make you an offer of an employment contract subject to grant of leave to remain. Like I say there is a lot of uncertainty about how the rules will work but if you are there number one candidate then there is nothing prevent them offering you the Contract subject to visa aproval.

Tom
Customer: replied 2 years ago.
Thanks Tom. Finally, can I switch to this spouse visa if I am in the UK under a Tier 1 Entrepreneur visa and can prove that my business is running smoothly instead of accepting a job offer?

Best Regards
Expert:  Thomas replied 2 years ago.
Hi,

Yes, provided you have observed the conditions of your current visa.

You would have to do so by submitting form FLR(M)

Tom
Customer: replied 2 years ago.
Thanks Tom, observing the conditions of my visa being that I am legally in the country and have registered the new business or are there any further requirements.

Appreciate your help..
Expert:  Thomas replied 2 years ago.
Hi,

This is probably a separate question, but I will answer.

Essentially it means that:-
1. you have not accessed public funds (no benefits paid by the state
2. You have registered with the police
3. you have not undetajen employment other than working for the business or businesses that you have established, joined or taken over.

Kind regards,

Tom
Thomas, Solicitor
Satisfied Customers: 6650
Experience: BA (Hons), PgDip, Practising Solicitor
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