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✎ EN Q's re: details/praticalities of Unmarried Partner Visa
    

Discussion in 'Immigration UK' started by laurasheff, Jun 12, 2005.

  1. laurasheff

    laurasheff Member

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    Can someone help me with the particulars of my situation??

    Me - US citizen, 25, recent graduate, magazine assistant/freelance writer
    Him - UK citizen, 28, member of soon-to-be signed band, financially tenuous

    We would like to apply for an "unmarried partner" visa so that I might join him in the UK, with the ability to work. A few problems I need help/advice on:

    a.) Though we have been dating for three years, me flying back and forth, essentially living here and there, we have not been technically "living together" - do you think this can be negotiated?? How do they KNOW we haven't been living together, or how often I've been flying back and forth? Do they check my entry/exits to the UK via my passport?
    b.) How important is it that he be financially able to "sponsor" me?? Technically I suppose he is self-employed, but the financials are difficult to prove until his band is signed in August. I have $9000 saved while I look for a job, assuming the visa is granted. He has essentially NO money in the bank. Think "starving artist."
    c.) Can I move to england after applying for the visa but BEFORE it is granted?? (I would be freelance writing, and hopefully our officially living together status would be more convincing to anyone looking into our relationship.) Once my visa is granted I can take on a "professional" job and am hoping to open a business.

    Help with any/all of these issues would be GREATLY appreciated. Currently I am planning to officially move to England in July but am PETRIFIED my visa may be denied, leaving me unable to work.

    Alternatively, if you can think of other application methods which would be easier (no, a work permit is not an option since I'm a recent graduate in such a creative field), any input would be great.
     
    #1 laurasheff, Jun 12, 2005
  2. Coyan

    Coyan Addicted member

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    Question (a): The Home Office would request to see proof of the relationship vis-a-vis pictures, common Bills, joint bankstatements, children etc. They will request physical prooof and will hardly 'negotiate' on these issues.


    Question (b): They would like to see evidence of employment vis-a-vis Work Contract and Pay slips. This is also non-negotiable.

    These are the two most important proofs they will request. Failure to provide either will likely lead to a rejection of your application.
     
    #2 Coyan, Jun 13, 2005
  3. laurasheff

    laurasheff Member

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    In this case - if I move there in August, and wait until August to apply for my visa, when he will have the financials to prove he can support me, will I automatically be denied because I'm already living in the UK??

    Thanks so much for your help. I've spent hours on hold for the home office. This site is a godsend.
     
    #3 laurasheff, Jun 13, 2005
  4. Coyan

    Coyan Addicted member

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    Without the ability to provide solid evidence, I will suggest you contact a Solicitor to clarify what will and would not be acceptable.
     
    #4 Coyan, Jun 13, 2005
  5. laurasheff

    laurasheff Member

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    I don't think you understand what I'm asking... I mean...

    Can I apply for this visa once I'm already IN the UK, living with my boyfriend? Or would I HAVE to apply from within the U.S., or be required to fly back to the U.S. and wait while it's processed?

    Thanks again, so much.
     
    #5 laurasheff, Jun 14, 2005
  6. Coyan

    Coyan Addicted member

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    Its highly likely that you may be asked to go back to the US and apply for it.
     
    #6 Coyan, Jun 14, 2005
  7. laurasheff

    laurasheff Member

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    okay so... surprise surprise... we've decided to get married. so now i have a few further questions (god you must get tired of this)... i'm so spoiled of this "one-stop-shop" to have all my questions answered...

    i'll be moving from the US to the UK in september (entering as a visitor - no visa) and we'll get married shortly after, then immediately apply for a spousal visa... but i anticipate nothing is this easy... what are the kinks in this plan?

    a. will i be required to obtain a fiancee visa? or can i just enter as a visitor without further complication? if i need this fiancee visa - can i apply for it from within the UK, as a visitor?
    b. will i be required to leave at any point - and for how long?
    c. where would be the easiest place to get married - that is - if we flew to some country in europe, would that simplify this process??

    Thanks again, so much.
     
    #7 laurasheff, Jun 28, 2005
  8. daphne

    daphne Member

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    Hi Laura, I think there is a new rule (effective Feb 2005) which requires people without indefinite leaves to remain (in the UK) to have applied for a "marriage visitor" entry clearance before entering the UK. So you need to apply for either a fiancee visa or this marriage visitor visa (or both, I don't know) if you want to get married in the UK, and you have to apply for them before entering the U.K. For your last question, I do not know much about the rules of other European countries, but generally they are much more bureaucratic than the UK system. Many European countries require the couple to have lived there for a min. of three months or something like that immediately prior to the application for a marriage.


    "Any non-EEA national wishing to go to the United Kingdom for the purpose of marriage will need to show their entry clearance to the registrar when giving notice of marriage. Those visiting the UK for the purpose of marriage (marriage tourists) will also need to obtain prior entry clearance even if they are a non-visa national. Holders of entry clearance will not be required to apply for a certificate of approval, as the entry clearance will act in lieu of the certificate. The entry clearance is mandatory for all nationalities."


    "How do I qualify to join my fiancé or fiancée in the UK?
    You must show that:

    -you plan to marry within a reasonable time (usually six months)
    -you plan to live together permanently after you are married
    -you have met each other before
    -there is somewhere for you and your dependants to live until you get married, and you will be able to live without any help from public funds, and
    -you and your dependants can be supported without working or claiming any help from public funds.

    You will be allowed to stay in the UK for six months but without permission to work. When you are married, you can apply for a two-year extension to your visa, and, if your application is granted, you will be allowed to work. Near the end of this time, you can apply to stay in the UK permanently. "

    http://www.ukvisas.gov.uk/servlet/Front ... 067257#Q10
     
    #8 daphne, Jun 29, 2005
  9. Coyan

    Coyan Addicted member

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    Denmark. It has less stringent rules. Only required to have been in a local Municipaility for 2 weeks. Also have to present every doc with regards to divorce etc
     
    #9 Coyan, Jun 29, 2005
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