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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7620
Experience:  UK Lawyer holding practising certficate for England & Wales.
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My partner has no legal right to stay in UK, we currently have

Resolved Question:

My partner has no legal right to stay in UK, we currently have a daughter together, my daughter and I are both British. what is the best way to approach this? as she has already been denied to stay in uk, as immigration suggested that I was capable of looking after my daughter alone
Submitted: 3 years ago.
Category: Immigration Law
Expert:  Thomas replied 3 years ago.
Hi

Thanks for your question.

How long have you lived together with your partner please?

Kind regards

Tom
Customer: replied 3 years ago.

We have lived together for over two years now, as soon as I found out she was pregnant, she moved in with me.


 


This is is a little hard to prove as her name was never on any house we rented, I was afraid to put it on there because she had no legal right to be in UK

Expert:  Thomas replied 3 years ago.
Hi

Thanks

Do you me at the financial requirements for an unmarried partners visa? You meet this if you are employed at a salary of £18600 above per annum?

Did you instruct a solicitor to make the most recent application?

Kind Regards

Tom
Customer: replied 3 years ago.

No


 


The solicitor that was handling my partners case was going to make an application based on the fact that we live together as a family, but he suggested that the proof we had was not sufficient enough to prove that we had been living together.


 


and Yes I am employed and I make £19773 before tax

Expert:  Thomas replied 3 years ago.
Hi,

If you do not have any proof of the fact that you have lived together for two years then it's going to be difficult to prove your status as unmarried partners, since I presume that the only evidence of your cohabitation that you have would be you respective statements and those of any other persons who know of the cohabitation.

If you are employed and have been for longer than 6 months then you would appear to meet the financial criteria for an unmarried partner/spouse visa.

So, probably the best way forward now would be to submit an application based on your relationship. If you are considering marriage then this would solve the problem about the lack of evidence of cohbatation.

The UKBA webpage on spouse visas 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 (in addition to the financial requirement):-

• 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;
• He will also have to meet the Engilsh language requirement: https://www.gov.uk/join-family-in-uk/knowledge-of-english

She would need to apply for settlement (ie. spouses visa) by using form VAF4A Settlement fi submitting from outside the UK, available for download from UKBA's website. Because of the leave to remain it would probably be quicker for her to leave and apply from her home country. If she applied in the UK then it would be form FLR(M) but the problem with this is that she does not have leave to remain so it would certainly be rejected and you would be forced to appeal.

It’s a very complicated application to make so you should strongly consider instructing a UK based immigration solicitor to prepare and submit the application. You can find Uk immigration solicitors through the following Law Society Website search engine:-
http://www.lawsociety.org.uk/choosingandusing/findasolicitor.law

My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.


Kind regards,

Tom
Expert:  Thomas replied 3 years ago.
Is there any further information you require?

I just want to ensure that you are satisfied, so please let me know if you have any further queries on the information I have provided.


Kind regards,


Tom
Customer: replied 3 years ago.

Just one more thing I want to be clear with.


 


Does immigration have legal powers to separate a mother from her child. or to send a British child away with her mother (who has no legal right to stay), if the British dad refuses to.


 


Basically, If she has to be deported, who will my daughter be with. as she will not want to leave without her child behind, And I will not allow my child to be taken into a country which I had to escape because of war and was kindly granted asylum here.


 

Expert:  Thomas replied 3 years ago.
Hi,

It is very, very difficult for the government to deport a mother of a UK citizen who is in a relationship with a UK citizen father from the UK. That is not to say that it is impossible, but it is very difficult.

However, this does not mean that they automatically have to grant them leave to remain. It is a "limbo" status until she regularise her stay in the above mentioned way.

In the unlikely event that you were not able to defend her deportation then who the child would be with would be a separate issue which you would have to either resolved between each other or through the family court.

I would not focus on that, I would focus your efforts on making a further application in one of the above described ways.

Kind regards,

Tom
Customer: replied 3 years ago.

Okay great thank you, XXXXX XXXXX am satisfied with your answers

Expert:  Thomas replied 3 years ago.
No problem. Please do remember to rate my answer though.

Tom
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