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Howard
Howard, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 459
Experience:  Senior Partner with nearly 20 years experience in UK Immigration Law.
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I have three British children aged 10, 8, and 5, the eldest

Resolved Question:

I have three British children aged 10, 8, and 5, the eldest two are at boarding school in Oxford. I am Cuban citizen, qualified as a biologist. My domestic partner and father of the children -we cohabit since 1999 - is British. He is not divorced from his first wife, from whom he is separated since 2001.

Question -what is best. Way of presenting my application - as domestic partner or as mother of British children?

I own a house in Milton Keynes, and we are discussing whether my partner gifts me dividend paying stock or whether we do a trust structure with capital going to children and income to me - we are not resident in uk.
Submitted: 4 years ago.
Category: Immigration Law
Expert:  Howard replied 4 years ago.
If he is still married then you will struggle to get a visa as an unmarried partner.

Are you both looking to move to the UK or are you simply looking to visit your children in the UK? If you can let me know a bit more about what you are looking to achieve it would be helpful.

I will not be able to comment on your question about income, stocks or trusts - that sounds like a matter for an accountant.
Customer: replied 4 years ago.
Objective is to become UK resident with right to work, study etc.

Are we right to think that the other way to apply is as Mother of UK citizens?

For which income must be demonstrated?
Customer: replied 4 years ago.
Partner's separated and abandoned wife lives in Florida and is US citizen, with no intention of coming to uk
Expert:  Howard replied 4 years ago.

You can only get a visa to live and work in the UK as the parent of a British child if you are not in a relationship with the father of the child, so this is not an option. Further details can be found here:

 

http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/parents/

 

For an unmarried partner visa a requirement is to evidence that the previous marriage has broken down - this can be difficult to do if the marriage has not been dissolved as it is highly likely to raise the question of whether or not the relationship has truly broken down.

 

http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/unmarried-same-sex/unmarried-docs/

 

If you can evidence that the previous marriage has permanently broken down and perhaps provide an explanation regarding the reason for not having divorced AND evidence at least 2 years co-habitation then you might qualify for the Unmarried Partner visa (same qualifying criteria as a Spouse visa). Showing 9 years co-habitation and having children together could of course be argued to demonstrate the breakdown of the other relationship (unless he spent half his time in the US of course)!

Howard and other Immigration Law Specialists are ready to help you
Expert:  Howard replied 4 years ago.
I believe that your question has been answered but please let me know if you require further clarification. If not then please remember to rate the service that I provided in return for the time I have spent providing you with answers to your questions.
Expert:  Howard replied 4 years ago.
Do you require further clarification or has your question been answered? Please let me know.