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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Immigration Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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Good Afternoon I am a UK person who has recently come back

Resolved Question:

Good Afternoon

I am a UK person who has recently come back to work in the UK. I started my new job in Scotland on May 1st. My partner is from St Lucia and is her 3 year old son. They came back with me but her 180 days is up in August. We cannot afford to go through the fiance visa thing at the moment, am i able to get an extension for her to stay longer? If not are they able to fly back to St Lucia and re enter 1 week later?

Thanks
Submitted: 3 years ago.
Category: Immigration Law
Expert:  UKSolicitorJA replied 3 years ago.
Hello,

Thank you for your question.

Unless there is a very good reason why an extension should be granted e.g. emergency medical treatment, funeral, war back home etc. backed up by appropriate evidence, it is unlikely that she will be granted an extension.

Also, she will very likely be stopped at the UK Border if she stays the full 180 days, leaves the UK and flies back a week after as that will show that she is not a genuine visitor but intends to reside her with you without a proper visa.

She is likely to be detained and sent back and I would not advise that she does this.

If she wishes to live her longer, it is very important that she applies for a proper visa e.g. unmarried partner. The visa waiver (180 days stamp on arrival) is for genuine visitors which she is not I am afraid if she intends to stay here for longer to be with you.

May I help further?
Customer: replied 3 years ago.


Thank you for your reply, I know about the fiance visa but did not know about the unmarried partner visa. What does this entail?


Also can the visas be applied from here?


 


Thanks

Expert:  UKSolicitorJA replied 3 years ago.
She would need to apply for the visa from back home, she is not allowed to switch from within the UK.

An unmarried partners visa has various conditions to meet which you can read about here:

http://www.ukmarriagevisa.com/uk-unmarried-partner-visa

If you feel that all the conditions set out are met, your partner may apply for the visa but I would suggest an immigration expert be retained to assist with the application.

All the best -please leave feedback
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