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Thomas
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 7617
Experience:  BA (Hons), PgDip, Practising Solicitor
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I am british citizen and my partner is illegal we are living

Customer Question

hi
JA: Hi. What seems to be the problem?
Customer: I am british citizen and my partner is illegal we are living together from 2006
JA: Are you in the UK or are you in the States?
Customer: UK
JA: What action has been taken so far? What's your ideal outcome?
Customer: no actions at all he docent have passport or anything
JA: Anything else you want the lawyer to know before I connect you?
Customer: only things is we are living together from 2006 and he don't have any passport or id as he lost when he came to UK
Submitted: 4 months ago.
Category: UK Law
Expert:  Thomas replied 4 months ago.

Hi

What nationality is he please?

Do you earn more than £18600 per annum from employment income?

Why can her not renew his passport at his country's embassy in the uk?

Tom

Tom

Customer: replied 4 months ago.
Hi
He is Indian
Yes I earn more then £18,600 per annum
He could renew but he had different name on the passport and now here in UK he is using different name
Is there still any optionRegards,
S
Expert:  Thomas replied 4 months ago.

Hi

Why has he used a different name? This sounds a bit like he has tried to deceive the home office..

Tom

Customer: replied 4 months ago.
This is not the case he used different name as he didn't want his family to know he is here
Is there a solution??
Expert:  Thomas replied 4 months ago.

Thanks. I will be able to answer at about 9.15

Expert:  Thomas replied 4 months ago.

Hi

Thanks for your question. I will try to help.

In normal circumstances, the quickest way for him to get a visa would be for him to return to his home country and apply for an unmarried partners visa from there.

The webpage on spouse visas/unmarried partners visa is here:
https://www.gov.uk/join-family-in-uk

The eligibility criteria is here:-
https://www.gov.uk/join-family-in-uk/eligibility

If the application is well prepared and you meet the following eligibility criteria then it will make the application easy and quick to decide upon for the UKBA. To be eligible, you must show:-

  • you and your partner are both aged 18 or over at the date of application;
  • your partner is a British Citizen, or is present and settled in the UK, or is here with refugee leave or humanitarian protection;
  • your partner is not related to you in a way that means you could not marry in UK law;
  • you and your partner have met in person;
  • your relationship with your partner is genuine and subsistingif you are married or in a civil partnership, your marriage or civil partnership is valid in UK law;
  • if you are not married or in a civil partnership you have been living with your partner in a relationship akin to marriage or civil partnership for at least 2 years prior to the date of the application;
  • you meet the suitability requirements
  • any previous relationship has permanently broken down (this does not apply to certain polygamous relationships);
  • you and your partner intend to live together permanently in the UK;
  • You must meet the financial requirement:-
  • https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/371437/AnnexFM_Section_FM_1_7_Financial_Requirement.pdf
  • This means that the UK based spouse must earn a minimum income threshold of £18,600. Alternatively, if you have savings of £62, 500.00 then you would not have to prove any salary. You can also use a mix of the two.
  • You would also have to show that you meet the English language requirement:-
  • https://www.gov.uk/join-family-in-uk/knowledge-of-english

You have to produce to the Home Office documentation that proves the above. This would be some of the following:-

{C}· Bank statements from both you and your spouse going back 6 months showing the income/capital you have available

{C}· Payslips (6 month of) and a letter from your employer stating that you have a permanent job, contract of employment

{C}· Documentary evidence of any other assets you hold (eg. Shares, evidence of ISAs or bonds)

{C}· Marriage certificate, Birth Certificate, passport

{C}· Evidence of correspondence between you and your spouse showing that the relationship is credible and genuine (eg. Emails, letters, evidence of previous trips, photos showing you together, phone records

{C}· Evidence of the accommodation where you will live or that you can afford to accommodate yourselves once here.

Because he has used what is presumably a false name when he has been in the United Kingdom with the Home Office this would likely be regarded as a deception by the Home Office. Deception is taken very seriously by the Home Office and it is an immigration crime. In serious circumstances a deception can prevent a person claiming a right to stay in the UK under Article 8 a right to a family and private life under human rights.

Plainly, this means the case is going to be more complicated and take more time and it is generally more uncertain. So, if he were to leave the United Kingdom and he would certainly be out of the United Kingdom for a very considerable period of time until his situation would be sorted out. For this reason, it may be best to make an application from within the United Kingdom for an unmarried partners visa and attempt to deal pro-actively with the issue of deception and him using a different name. The application will be rejected and you will be forced to appeal. The appeal will take a considerable period of time but in all probability if you instruct a solicitor to act on your behalf then he will likely be successful in the end in getting a visa on this basis.

You need to instruct a solicitor as soon as possible to act on his behalf.

My goal is to provide you with a good service. If you feel you have received anything less, please reply back. Please remember to leave positive feedback using the stars at the top of the page.

Kind regards,

Tom