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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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I just would to have more clarification about partnership, I

Customer Question

Hello there,
I just would to have more clarification about partnership, I mean,my girlfriend and I are students and we work part time. I have an indefinite leave to remain and I am mother. My girlfriend is here on a student visit
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Thomas replied 1 year ago.

Hi,

How long have you lived together with your partner in your relationship in the same accommodation please?

Tom

Customer: replied 1 year ago.
One year and four months now
Customer: replied 1 year ago.
Is everything ok?
Expert:  Thomas replied 1 year ago.

Hi

Thanks for your question. I will try to help.

In order to be regarded as an unmarried partner for the visa rules you must have been living in a relationship similar to marriage in the same accommodation for 2 years. You must also be able to prove this with documentary evidence.

So, if you are short of the 2 year residential requirement then you would not be regarded as unmarried partners until you reach two years.

This means that your options are to either wait 8 months until you reach two years and then apply, or to marry or carry out a civil partnership now and then apply for a spouse visa.

The criteria for unmarried partners or a spouse visa are very similar.

She will have to apply from a spouse visa.

The 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:-

  • 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 subsisting if 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;
  • You must meet the financial requirement:-
  • https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/371437/AnnexFM_Section_FM_1_7_Financial_Requirement.pdf
  • This means that the UK based spouse must earn a minimum income threshold of £18,600. Alternatively, if you have savings of £62, 500.00 then you would not have to prove any salary. You can also use a mix of the two.
  • You would also have to show that you meet the English language requirement:-
  • https://www.gov.uk/join-family-in-uk/knowledge-of-english

It’s a complicated application and so I would recommend that she instructs a solicitor to prepare the application and supporting evidence for you.

You can find Uk immigration solicitors through the following Law Society Website search engine:-

{C}· http://www.lawsociety.org.uk/choosingandusing/findasolicitor.law

The visa will be granted for a period of 27 months. She will have to apply for further leave to remain at the end of this time. She can apply for indefinite leave to remain once he has been here for 5 years. After that she can apply to be naturalised as a UK citizen provided she meets the eligibility criteria.

My goal is to provide you with a good service. If you feel you have received anything less, please reply back. Please remember to leave positive feedback using the stars at the top of the page.

Kind regards,

Tom

Customer: replied 1 year ago.
Ok thank you for the answers
Customer: replied 1 year ago.
Thank you Thomas for the answers
Expert:  Thomas replied 1 year ago.

You're welcome. Please do remember to leave positive feedback though..

Thomas and other Immigration Law Specialists are ready to help you
Customer: replied 1 year ago.
Ok once done prove that we've been together for two years and we do the civil partnership,because I wouldn't like her to go back to her country after two years and that is when her student visa is expiring,so is there gonna be any change chance for to be given a stay in the UK?
Customer: replied 1 year ago.
I will leave a very positive feedback for sure after all the questions
Customer: replied 1 year ago.
Hello Mr Thomas,is everything ok?
Customer: replied 1 year ago.
Are you still there sir?
Customer: replied 1 year ago.
Ok
Expert:  Thomas replied 1 year ago.

Hi,

Once you have reached the two year period then you can apply for a spouse visa from within the UK provided that her current student visa has not expired.

Tom

Customer: replied 1 year ago.
I am on housing benefit,child tax benefit and child benefit
Customer: replied 1 year ago.
Is it gonna be an issue for her to get granted a stay?
Customer: replied 1 year ago.
Or if that get no allow her to be granted,what are other conditions that we need to come up with because I am really worried for her to go back to her country
Expert:  Thomas replied 1 year ago.

Hi,

If you do not have considerable savings (ie. above £16000) or do not earn more than £18600 per annum then you would not meet the financial requirements for a spouse visa.

This is a problem. The application would be refused because of this.

However, if between you and your partner you had more than £62500 in cash savings then you would still be okay beacuse this would meet the financial requirements..

Tom

Customer: replied 1 year ago.
The saving do I have to have prove of where the money is coming from?
Customer: replied 1 year ago.
Let say I have that money but it's from my student finance,is considerable?
Customer: replied 1 year ago.
163;16800
Expert:  Thomas replied 1 year ago.

Hi,

Okay. What do you earn from employment please?

Customer: replied 1 year ago.
Per year is £5000
Customer: replied 1 year ago.
I only work 16 hours per week
Expert:  Thomas replied 1 year ago.

Hi,

It's a problem.

The savings and your employment income are not sufficient to meet the financial requirement.

You have to try and find a job as soon as you can that pays more than £18600 per annum and be employed in the role for more than 6 months before you can now apply.
I am sorry.

Tom

Customer: replied 1 year ago.
OK
Expert:  Thomas replied 1 year ago.

Good luck,

Customer: replied 1 year ago.
Does me being on befenefits,does affect anything?
Customer: replied 1 year ago.
Can she not get granted from my child?
Customer: replied 1 year ago.
If I have £16800 in my account,is it going to affect my benefits?
Expert:  Thomas replied 1 year ago.

Hi,

I do know if that amount will affect your benefit.

If she is not the mother of the child then she cannot get leave to remain based on the child.

If she is the mother of the child then this is very helpful to her and will help but you would certainly need a solicitor to make the application for her.

You will appreciate that I have spent more than sufficient time on your question now and I wish you good luck.

Good bye.

Tom

Customer: replied 1 year ago.
Thank you very much sir. Can we have you as our solicitor?
Customer: replied 1 year ago.
Because I am very happy with your answers,and you already have a cling of our issues?
Expert:  Thomas replied 1 year ago.

I cannot accept private instructions from customers of this site I'm afraid, or give recommendations..

Customer: replied 1 year ago.
Ok thank you for your help and have a beautiful and lovely day Mr Thomas
Expert:  Thomas replied 1 year ago.

You too..