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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7506
Experience:  UK Lawyer holding practising certficate for England & Wales.
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I am an Irish national living in the UK last 3 years.

Resolved Question:

I am an Irish national living in the UK for the last 3 years.
My same-sex partner is in a confusing immigration situation and we are in need of advice as to how to proceed.
Background: my partner of over one year is currently in the process of getting his previous civil partnership dissolved. He is a US national and currently in the UK under a spousal visa that will expire at the end of February 2015. We intend to enter into a civil partnership ourselves once his previous partnership is dissolved, but this will only be finalised after his visa expires in February.
We do not currently live together as I work in Brighton and he is completing his post-graduate degree in London. But our intention is to move in together within the year. I will stress that our relationship is genuine and we intend to form a lifelong commitment together.
My income is £32,500 per annum. As he is a student he has no income from employment, though he receives £1500/month from his parents in the US to cover tuition and other expenses.
We have considered having him apply for a student visa so that he can complete his course, which ends in September 2015. His university is willing to treat him as an international student and provide him a CAS number if necessary. This would require him to leave the UK and apply from outside the country, which is an investment in time and expense that we would prefer to avoid given the disruption it would cause to his studies.
Our priority is to keep my partner in the UK while not breaking any immigration laws in the process. What are our available options? And what will happen once we reach the end of February 2015 without taking any action?
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Thomas replied 2 years ago.
Hi
Thanks for your question. Is your partner civilly partnered to a uk citizen?
Kind regards
Tom
Customer: replied 2 years ago.

Good Morning Thomas,

Yes, his civil partner is a UK citizen.

Kind Regards,

Ryan

Expert:  Thomas replied 2 years ago.
Hi Ryan,
Thanks, ***** ***** be able to answer in about 15 mins.
Tom
Expert:  Thomas replied 2 years ago.
Hi
Thank you for your question and patience, I’m Tom and I’ll try to help you.
It’s a difficult situation, in that the timings of his civil partnership dissolution and his visa place him in a really awkward situation.
You are correct in that his current spouse visa category does not permit him to switch to a student visa category without leaving the UK.
If you are not civilly partnered with him by the time that his current visa expires then he cannot successfully apply to switch in to an EEA partner category.
Obviously once you are partnered he can apply for an EEA residence card if he is in the UK at the time, or an EEA family permit if he is outside the UK.
The options are slim. If he is likely to receive the dissolution of his current civil partnership only very shortly after his visa expires then one option might be for him to put in an application which he knows will be rejected, but hope that the determination process takes sufficiently long so that his partnership is dissolved and that you/he are able to partner before the rejection is received.
If this happens then when the rejection of the application is received then he can simply apply immediately for an EEA residence card which he would likely receive provided that they do not consider the relationship to be one of convenience (you would submit detailed documentary evidence proving credibility on this point obviously),
If it is not likely that the dissolution will occur relatively shortly after his visa expires then it seems at the moment his only option would be to return to his home country until it is dissolved.
I’m really sorry that the options are slim.
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
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7506
Experience: UK Lawyer holding practising certficate for England & Wales.
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