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UK_Lawyer
UK_Lawyer, Solicitor
Category: UK Immigration Law
Satisfied Customers: 2215
Experience:  I am a qualified solicitor and an expert in UK law.
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Hello,I am a British citizen I have a Russian partner for

Resolved Question:

Hello,I am a British citizen I have a Russian partner for nearly 4 years, she currently visits me on a business visa. Prior to this we lived together in CH where I worked and she had a Shengen visa, now I am working in the UK. I am still married but separated 6 years ago! I have applied for a divorce, however, I married in SA and there is a 18 month waiting list for court. I have no dependents. My question is can we apply for a partnership visa?
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.

 

Could you please clarify the following:

How did you marry again if you had not divorced your previous partner?

Why did you not initiate the divorce process earlier?

How much do you currently earn?

Do you have any savings?

 

Kind regards

Customer: replied 2 years ago.
I did not marry again as I am still married!

My wife could not be traced as she went to live in NZ, her country of birth


I earn $72k per year I have a small savings of 2000GBP
Customer: replied 2 years ago.
UK Lawyer

I have not married again!

I could not trace my wife as she went to NZ (she is from NZ)

I earn $72k per year nett

I have a couple of thousand GBP
Expert:  UK_Lawyer replied 2 years ago.

Thank you for your reply.

 

I have just answered your question but unfortunatley as you posted your question again my previous reply was deleted.

 

As you are not married you are not eligible for a spouse visa, the only other type of visa would be an unmarried partners visa however, one of the requirements are that applicant is the unmarried or same-sex partner of a person present and settled in the United Kingdom and the parties have been living together in a relationship akin to marriage or civil partnership which has subsisted for two years or more.

 

Unfortunatley as you have not been residing together for 2 years you are not able to apply for a partners visa. Unfortunatley, she is only able to visit you as she is now on a business or a visitor's visa or if she wishes she may take up employment in the UK and remain in the UK on a Tier 2 migrant visa.

 

It is of course open to you to apply for a spouse visa once your current marriage has dissolved and you have married your current partner.

 

I hope this answers your question, if so kindly rate my answer positively so I can get credited for my time.

 

Kind regards

Customer: replied 2 years ago.
UK Lawyer

Let me explain again: I am married, but have filed for a divorce in SA

We have been together for 3.8 years
Customer: replied 2 years ago.
Relist: Inaccurate answer.
Your so called expert did not read my question properly and therefore did not answer correctly
Expert:  UK_Lawyer replied 2 years ago.

Thank you for your reply.

 

Please let me clarify:

 

Your Russian partner may be able to apply for 2 types of visa as your partner:

 

1. A Spouse Visa: A prerequisite of this visa is that you and your Russian partner are married. As you are not married to your Russian partner you can not apply for this visa - You are of course able to apply for this visa once you have divorced your wife and married your Russian partner.

 

2. An unmarried partners visa - This visa requires you and your current partner to be residing together for a period of 2 years before submitting an application - As you and your Russian partner has not been residing together for 2 years or more she is not able to apply using this visa.

 

It seems that your Russian partner is not able to meet the requirements for the above settlement visas and I would therefore recommend that she does not apply for a partners visa.

 

I hope this clarifies the matter, if so kindly rate my answer positively so I can get credited for my time.

 

Kind regards,

Expert:  UK_Lawyer replied 2 years ago.

Kindly clarify why you have not rated my answer positively.

 

Kind regards

Customer: replied 2 years ago.
UK Lawyer

Let us start again.


I have lived with my partner as man and wife for more than 2 years

I have applied for a divorce and have lawyers papers of file documents

I earn $72k per year

I have an apartment

we do not have dependends

Can my partner apply for a partnership Visa or not YES or NO?
Expert:  UK_Lawyer replied 2 years ago.

Thank you for your reply.

 

1. Are you married to your Russian partner whom you want to apply for a visa for? I believe the answer is no.

2. Have you lived with your Russian partner for the last 2 years? I believe the answer is no (please correct me if I am wrong)

 

If the above is correct then NO you can not apply for any form of settlement visa as you have not yet divorced your wife who is in New Zealand.

 

I hope this clarifies the situation.

 

Kind regards?

Expert:  UK_Lawyer replied 2 years ago.

Kindly inform me what you did not like about my answer.

 

Kind regards

Customer: replied 2 years ago.
Please read my information,

This is the last time I am doing this as I am fed up with this service.


1. I am married to a NZ citizen who is now back in SA where we got married


2. We parted 6 years ago


3.I have lived with my Russian partner for more than 2 years


4 can she apply for a partnership visa yes or no??
Expert:  UK_Lawyer replied 2 years ago.

If you have lived with your Russian partner for the last 2 years then yes you can apply for an unmarried partners visa, you would need to submit evidence of your divorce proceedings to the UKBA when your Russian partner makes her application.

 

Please see the following link which includes form and guidance:

 

http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/spouse-cp/applying-in-uk/

 

I hope this answers your question.

 

Kind regards

UK_Lawyer, Solicitor
Satisfied Customers: 2215
Experience: I am a qualified solicitor and an expert in UK law.
UK_Lawyer and other UK Immigration Law Specialists are ready to help you
Expert:  UK_Lawyer replied 2 years ago.
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