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Thomas
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6450
Experience:  BA (Hons), PgDip, Practising Solicitor
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Hi I came to the UK from Australia in april 2008 on a working

Customer Question

Hi I came to the UK from Australia in april 2008 on a working holiday visa ! In april 2010 I used form flr m to get a unmarried partner visa with my girlfriend ! but we have recently split up and I wish to remain in the UK ! I dont think I qaulify under the highly skilled workers sector and sponsorship is not looking likely ! I am desperate to stay as I have made a life for myself here tho I have no dependants !

Any advice would be greatly appreciated

thanks
Submitted: 4 years ago.
Category: UK Law
Expert:  Thomas replied 4 years ago.
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Thomas :

Hi,

Expert:  Thomas replied 4 years ago.
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Expert:  Thomas replied 4 years ago.

Hi,

 

Has your unmarried partner's visa actually been curtailed? Has you partner or anyone else told the Home Office?

 

Have you check the amount of points under the workers based visa that you qualify for?

 

Tom

Customer: replied 4 years ago.

No it has not been curtailed yet ! and neither of us have told the home office !

I used one of the online points calculators on the ukba website and didnt quiet qaulilfy

but I am also seeking new employment at the moment .

Expert:  Thomas replied 4 years ago.

Hi,

 

Thanks for your reply.


If you cannot switch in to another visa category (ie. student or workers) then you will not be able to obtain a new legal immigration status. There is little point in making an application that you think may fail because they will want to know why you are switching and the issue of your relationship ending will be revealed. If revealed they will curtail your visa and ask you to leave.

 

You would then be an overstayer and this would probably prejudice any future application you choose to make.

 

You can remain here under your current visa until it expires as long as your ex-partner, or anyone else, does not disclose the break up to the UKBA. This may be your best option. Again though, you should not overstay for the reason aforementioned.

 

Again, leaving the country and making an application then would probably reveal that your relationship has ceased and complicate your return. There is also the problem of what visa to apply for if you do not qualify for one of the above.

 

I'm afraid there is no magic bullet for your situation, you are either eligible for one of the other visa categories or you are not. The key is to keep your ex-partner amicable and try to avoid her disclosing to the UKBA/Home Office that your relationship has finished.

 

If before your current visa expires you can accrue enough points for a workers visa, or arrangements to qualify for a student visa then this is something you should attempt to do. If you cannot do this or find someone with leave to remain to marry then your position will remain unchanged I regret to say.

 

Sorry it could not be better news.

If this is useful please kindly click accept so that I may be rewarded for my time. It will be gratefully received and you will be free to ask follow up questions.

 

Kind regards,


Tom

Customer: replied 4 years ago.

Hey thanks for the help !

I have also been told that I am not allowed to swap into a points based category from my current while in the UK is this true ?

and also will I have any problems trying to leave and re enter the country on my current status ?

Expert:  Thomas replied 4 years ago.

Hi,

 

You can switch but it may be preferential if you do have enough points to qualify to return home first. If you make the application from here then they will require you to prove your status here (ie. unmarried partner) and that would probably involve a statement from your partner. If it is then disclosed then they will probably refuse your application on the basis of dishonesty.

 

If you return home then you need not rely on your visa status in your application for a points based visa.

 

You rights on your unmarried partner's visa will subsist until it is curtailed so if you have a valid visa then you should be able to travel and re-enter.

 

Hope this clarifies, if so please click accept.


Kind regards,

 

Tom

Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6450
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and other UK Law Specialists are ready to help you
Customer: replied 4 years ago.

thanks I have accepted ! sorry the last answer confused me a little ! do you mean once I have employment and qaulify into a points based category i should return to australia and re apply ?

 

if i could get a statement from my partner would that help with out me having to return to australia

 

and do you mean if i return to australia and apply I do not have to disclose my current status ? or would i have to curtail my unmarried partner visa before i could apply from there !

 

sorry to keep asking but just want to clarify

 

 

thanks again

 

nick

Expert:  Thomas replied 4 years ago.

Hi Nick

 

It means you can switch here if you wish., but when you do they will probably require your ex-partner to make a statement (or possibly question here further on the matter) and there is a risk they will find out about the relationship ending and jeopardising your application and any future ones you would choose to make.


The safest bet is to return to Australia and make an application for a points based visa there. You would not have to depend on a lie (ie. that your relationship is continuing) because you would be eligible for a workers visa. You could simply make a statement that your relationship has ended and you now wish to regularise your stay under a different category without reference to any relationship.

 

Thanks for the kind accept and good luck.


Tom

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