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UK_Lawyer
UK_Lawyer, Solicitor
Category: UK Immigration Law
Satisfied Customers: 2220
Experience:  I am a qualified solicitor and an expert in UK law.
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Dear Sir/Madam, I am in a relationship with my partner for

Resolved Question:

Dear Sir/Madam,

I am in a relationship with my partner for 5 years and we've been living together for 3 years. We want to apply for unmarried partner visa but there are few things worrying me. When we started our relationship he was married with two kids. After 6 months we were in the relationship, he separated from his wife but the divorce started only last year. At the moment we are waiting for the decree absolute. The problem is because our relationship started as an affair, he didn't want his ex wife to find out about our relationship not to break her heart, also the most importantly not to have any problems about seeing his children who mean the world to him, so he did not add my name on utility bills, bank account or etc. I have my bank statements, my mobile phone bills, my metropolice record, my opticans letters which cover 2 years and more coming to our address, and he has all the utility bills which he pays, bank statements etc. coming to the same address. We do not have joint tenancy agreement , as the flat is his and it's been already mortgage free.
We earn £32,000 annual before tax so we do not need public funds.
We have pictures, cards, e-mails, text messages.
But I am not sure these are enough for us to not be refused?
I also want to apply for the visa in person but i was advised to do it by post because my case is not so straight forward so they might refuse my application if i do it in person.
If you can advise me I will appreciate it.

Regards
Gizem
Submitted: 2 years ago.
Category: UK Immigration Law
Expert:  UK_Lawyer replied 2 years ago.
Hi thank you for your question. Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE so I can get credited for my time.

Just to clarify:

What visa do you currently hold?
Do you have correspondence from the court regarding the initiation of the divorce process?
Do you have pictures of you and your partner together?

Kind regards,
Customer: replied 2 years ago.

I am on Ankara Agreement which will expire May'2014.


My partner is respondant, he only received two forms last september, filled them up and sent them back to the court but since then received nothing. His ex wife is dealing with things and she said to him that he will receive the decree by August. I do not know anything else about the divorce but i do have the forms with me and it mentions that they have been separated since Feb'2008.


We do have pictures together but never been on holiday outside the UK and i do not have proof that we have been on holiday inside the UK.


 


Regards

Expert:  UK_Lawyer replied 2 years ago.
Thank you for your reply.

The requirements to be met by a person seeking leave to remain as the unmarried or same-sex partner of a person present and settled in the United Kingdom are that:

(i) the applicant has limited leave to enter or remain in the United Kingdom which was given in accordance with any of the provisions of these Rules, other than where as a result of that leave he would not have been in the United Kingdom beyond 6 months from the date on which he was admitted to the United Kingdom on this occasion in accordance with these rules; and

(ii) any previous marriage or civil partnership (or similar relationship) by either partner has permanently broken down; and

(iii) the applicant is the unmarried or same-sex partner of a person who is present and settled in the United Kingdom; and

(iv) the applicant has not remained in breach of the immigration laws; and

(v) the parties are not involved in a consanguineous relationship with one another; and

(vi) the parties have been living together in a relationship akin to marriage or civil partnership which has subsisted for two years or more; and

(vii) the parties' relationship pre-dates any decision to deport the applicant, recommend him for deportation, give him notice under Section 6(2) of the Immigration Act 1971, or give directions for his removal under section 10 of the Immigration and Asylum Act 1999; and

(viii) there will be adequate accommodation for the parties and any dependants without recourse to public funds in accommodation which they own or occupy exclusively; and

(ix) the parties will be able to maintain themselves and any dependants adequately without recourse to public funds; and

(x) the parties intend to live together permanently; and

(xi)(a) the applicant provides an original English language test certificate in speaking and listening from an English language test provider approved by the Secretary of State for these purposes, which clearly shows the applicant's name and the qualification obtained (which must meet or exceed level A1 of the Common European Framework of Reference) unless:

(i) the applicant is aged 65 or over at the time he makes his application; or

(ii) the applicant has a physical or mental condition that would prevent him from meeting the requirement; or;

(iii) there are exceptional compassionate circumstances that would prevent the applicant from meeting the requirement; or

(xi)(b) the applicant is a national of one of the following countries: Antigua and Barbuda; Australia; the Bahamas; Barbados; Belize; Canada; Dominica; Grenada; Guyana; Jamaica; New Zealand; St Kitts and Nevis; St Lucia; St Vincent and the Grenadines; Trinidad and Tobago; United States of America; or

(xi)(c) the applicant has obtained an academic qualification (not a professional or vocational qualification), which is deemed by UK NARIC to meet the recognised standard of a Bachelor's or Master's degree or PhD in the UK, from an educational establishment in one of the following countries: Antigua and Barbuda; Australia; The Bahamas; Barbados; Belize; Dominica; Grenada; Guyana; Ireland; Jamaica; New Zealand; St Kitts and Nevis; St Lucia; St Vincent and The Grenadines; Trinidad and Tobago; the UK; the USA; and provides the specified documents; or

(xi)(d) the applicant has obtained an academic qualification (not a professional or vocational qualification) which is deemed by UK NARIC to meet the recognised standard of a Bachelor's or Master's degree or PhD in the UK, and

(1) provides the specified evidence to show he has the qualification, and

(2) UK NARIC has confirmed that the qualification was taught or researched in English, or

(xi)(e) has obtained an academic qualification (not a professional or vocational qualification) which is deemed by UK NARIC to meet the recognised standard of a Bachelor's or Master's degree or PhD in the UK, and provides the specified evidence to show:

(1) he has the qualification, and

(2) that the qualification was taught or researched in English.

It seems that you will be able to satisfy the above, even though the utility bills etc are not in both you and your partner's names the fact that you have been living together at the same address for over 2 years and have emails text etc will be sufficient to satisfy the immigration rules.

If you can provide letters etc to the effect why you have not been named jointly on bills or any other correspondence and also include details that the relationship between your partner and his ex wife has broken down then it would be beneficial for your application.

You should also obtain an affidavit from your partner that he does not have any objections to you residing in his property once you have been issued with a visa.

I hope this answers your question, if so kindly leave positive feedback.

Kind regards,
Customer: replied 2 years ago.

The flat we live in is under his and his ex wife's name. Can he still obtain an affidavit?


Also does it make any difference if I apply for the visa in person or by post?


 


Regards

Expert:  UK_Lawyer replied 2 years ago.
Thank you for your reply.

If the house is in both your partner and his ex wife's name then both would need to give you permission to reside in the premises.

I would agree that you should make your application by post. The same day service only entertain cases which are not complex or complicated. If you feel that there are certain aspects of your case which would need to be explained in more detail by way of a covering letter and evidence then a postal application would be the best way.

I hope this answers your question, if so kindly leave positive feedback.

Kind regards,

UK_Lawyer, Solicitor
Satisfied Customers: 2220
Experience: I am a qualified solicitor and an expert in UK law.
UK_Lawyer and 3 other UK Immigration Law Specialists are ready to help you

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