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Thomas
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 7478
Experience:  BA (Hons), PgDip, Practising Solicitor
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I am a gay male who has been in a relationship for 7 1/2 years,

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I am a gay male who has been in a relationship for 7 1/2 years, originally from the USA, I have been in the UK since october 2001. I initially came on a student visa but stopped my study in 2003. My partner and I would like to get a civil partnership and also travel to see family. How can i get a visa to remain with my partner, get a civil partnership and be able to travel outside the UK boarders?
A.Foxx
Hi
Thanks for your question.
To enable me to answer your question could you please respond to the following using the same numbering:-
1. You are at the present time illegally in the UK, correct?
2. What nationality is your partners

Kind regards.
Tom
Customer: replied 4 years ago.
Tom,

1. yes i am currently illegally in the UK,

2. My partner is a british citizen in full time work who supports us both.

Thanks

Alan
Thanks Alan,

How long have you cohabited together?

Tom
Customer: replied 4 years ago.
7 and a half years
Hi,

Thanks for your reply.

There is no problem with you being able to have a civil partnership, this is no longer linked to one’s immigration status as a requirement though it is at the discretion of the registrar.

You have overstayed your visa. This is sufficient grounds to reject most visa applications. When you leave the UK you will also receive a ban from entering the UK. If you leave paying for your own journey then this should be a ban of one year. The only way you could re-enter the UK would be to apply on the basis of yoru relationship with your (then) civil partner

If you wish to travel outside the before returning here to settle permanently with your partner then you will need to apply for Settlement as the civil partner of a UK national. Under Immigration Rule 320, if you otherwise meet the criteria for settlement then the UKBA would not be able to rely on the overstay alone to reject your application.

Because of the length your relationship you would have a substantial right to a family and private life under Article 8 which will assist your case. If you meet the criteria and adequately evidence this in your application then you will be successful in applying for settlement.

However, the UKBA are entitled to refuse any such application if it is made within the UK, they can ask you to return to your home country to make the application because this would not infringe your Article 8. After travelling therefore you would have to return to your home country to make the application from there.

The best thing you and your partner can do before you apply is to instruct a UK solicitor to prepare the application for you. It would cost around £1000+vat.

I can provide you with further guidance on the eligilbity criteria for settlement applications if you wish. Just subtmit a further question requesting my profile and marking your question “FAO Tom” and I shall do so.
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Kind regards,


Tom

 

 

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Tom

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