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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7602
Experience:  UK Lawyer holding practising certficate for England & Wales.
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/MadamI am writing on behalf of my partner who is

Resolved Question:

Dear Sir/Madam I am writing on behalf of my partner who is a Pakistan National living in Pakistan. I myself am a UK citizen living here. We understand we meet the criteria to apply for a marriage visa for him to come to UK for our marriage. We also understand that he needs to apply from his home in Pakistan and this is where we foresee where problems could arrise. I need to know if it is safe and confidential for him to apply as we are a same sex male couple and as such our marriage would not be legal in Pakistan. Obviously the safety and privacy of his application is paramount as it has major implications on his life there if an application is denied or not even considered. I would be grateful if you could give us some advice John Slattery

I should add my annual salary is not within the required amount but i am in receipt of disability allowance (PIP)

Submitted: 2 years ago.
Category: Immigration Law
Expert:  Thomas replied 2 years ago.
Hi
Thanks for your patience.
Have you already made arrangements to marry in the united kingdom?
Kind regards
Tom
Customer: replied 2 years ago.

Hi Tom,

No we have made no arrangements to marry yet or even applied for a visa. We want to know if it is safe for him to apply for a marriage visa from Pakistan for him to marry in the UK.

We have been together for nearly 3 years and met whilst he was a student studying a Masters in Engineering here in the UK. He returned to Pakistan in September 2014 when his student visa expired (he did not overstay).

Expert:  Thomas replied 2 years ago.
Hi
Thank you for your question and patience, I’m Tom and I’ll try to help you.
If the plan is to settle in England once you are civilly partners then he will need to apply for settlement by applying for a fiance visa . You can apply for a fiance visa so that she can come here specifically for the purpose of having your civil partnership. Once civilly partnered you would then have to apply for a civil partner visa (settlement – Further Leave To Remain). Two applications, two application fees.
There is a slightly larger amount of documents to submit for a fiancé visa because you have to show that you intend to have your partnership here once he arrives here.
Here is the criteria you would need to fulfill for a fiance visa, as I say the criteria is largely the same for a spouses visa. If you meet this you will almost certainly not be refused a spouses visa:-
• You plan to marry within 6 months of her arriving here
• You plan to live permanently together here
• You have met each other
• You can support each other without the need for public funds
• You have suitable accommodation which is owned or lived in only by you or your household and where you and your dependents can live without any help from public funds
• Meet the financial requirement (salary threshold): https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/371437/AnnexFM_Section_FM_1_7_Financial_Requirement.pdf
You have to produce to the UKBA documentation that proves the above. This would be some of the following:-
• If you are to apply for a fiancé visa you will have to show evidence of your intention to marry, so things like purchase of a ring, evidence of having met (photos correspondence etc), booking of a wedding venue, evidence of invites etc.
• Bank statements from both you and your partner going back 6 months showing the income/capital you have available
• Payslips (6 month of) and a letter from your employer stating that you have a permanent job, contract of employment
• Documentary evidence of any other assets you hold (eg. Shares, evidence of ISAs or bonds)
• Birth Certificate, passport
• Evidence of correspondence between you and your fiance showing that the relationship is credible and genuine (eg. Emails, letters, evidence of previous trips, photos showing you together, phone records
• Evidence of the accommodation where you will live (ie. land registry officials copies of the property that you own, mortgage documentation, copy tenancy agreement if you rent, council tax statements, house report by a solicitor, letter from landlord confirm he is happy to give you a further tenancy agreement
• You should also include job adverts showing jobs available that you could do when you come here and show, via your CV, that you have the qualifications and work experience that you would be a viable candidate for those roles
He will also have to pass an Englsh Language test:-
https://www.gov.uk/join-family-in-uk/knowledge-of-english
The application will have to be supported by evidence proving the above eligibility criteria. They key to a successful application is producing well-collated documentary evidence for the above criteria. You will also have to produce statements made by both of you explaining and supporting how you meet the eligibility criteria.
He will need to apply for fiance/spouses visa using form VAF4.
You should consider instructing a immigration solicitor based here in the UK to prepare an application for him, but you should certainly have a personal consultation with them before you proceed. You can find local solicitors via:-
http://www.lawsociety.org.uk/choosingandusing/findasolicitor.law
It should cost around £1000-1500+ VAT. It will save you money in the long run, in all probability.
As to whether it is safe, documentation relating to the application would be sent to the address that your partner lives at so he would have to consider whether anybody else would read such correspondence. The fact that he has applied would not be advertised for any member of the public to read though.
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
Customer: replied 2 years ago.

HI Tom,

Thank you for the reply. Maybe I wasnt specific enough with my question. It really relates to a fiance or marriage visa application he would have to make via the UK embassy in Pakistan.

As we are a same sex couple would they still reconise this a a valid marriage application or dismiss it on the grounds that they do not reconise same sex couples?

Once we know that an application would be viewed in the same way as hetrosexual couple then we can plan dates for a marriage etc and show the requirements you mention in your repsonse

Expert:  Thomas replied 2 years ago.
Hi,
The UK embassy is part of the UK government. They process the applications made according to Uk law, not Pakistani Law.
Therefore, because same sex civil partnership are recognised they would allow you to apply for a fiance visa on the basis that you will be able to have a civil partnership in the UK.
Kind regards
Tom
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