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UK_Lawyer
UK_Lawyer, Solicitor
Category: Law
Satisfied Customers: 2458
Experience:  I am a qualified solicitor and an expert in UK law.
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My Filippino partner has been in the uk since 2007 as the wife

Resolved Question:

My Filippino partner has been in the uk since 2007 as the wife of a European national, she has worked as a home carer for six years and has a NvQ in Care. She is highly regarded by her employer and clients with many commendations. She has had no marital relationship with her French husbandfor many years and he has failed to support her and the two children who are at school in the uk.he also failed to provide any tax or other details in the uk and as such could not prove residency, as such my partner was only able to extend her visa last year for 5 years as the mother of the two children but retained the right to work. This year she purchased a house with a mortgage and we are hoping to marry as soon as she can get a divorce, as I am a uk citizen what is our position now. Your advice would be very much appreciated on the immigration side and also the divorce.
Submitted: 2 years ago.
Category: Law
Expert:  UK_Lawyer replied 2 years ago.
Hi, thank you for your question, I will be happy to help you today.
Could you please explain what visa she currently has? When does it expired? On what basis was she issued with the visa?
Kind regards
Customer: replied 2 years ago.
Visa is for a five year period expiring in June 2013. It was issued As the mother of two European children at school in the uk. It also gives her the right to work. She was unable to extend her visa as the wife of an European as her husband worked on and off always abroad and did not pay uk tax or NI so no uk residency could be shown. It is a Derivative Residence card.
Expert:  UK_Lawyer replied 2 years ago.
Thank you for your reply.
Do you mean her visa is expiring in June 2015?
How long have you been residing together?
Kind regards
Customer: replied 2 years ago.
Sorry 2018
Been residing for two years, relationship is three years.
Expert:  UK_Lawyer replied 2 years ago.
Thank you for your reply.
If she has been issued with a derivative rights document then she is able to switch to another visa category in the UK. This means that she does not need to leave the UK to submit an application and return to the UK, she is able to apply from within the UK.
She has the following options:
1. You marry and then apply for a spouse visa application, for this you would need to show evidence that you are working and earning £18,600 gross in the UK or if you join both your wife and your income together they accumulates to at least £18,600 gross. Provided this is the case then she will be able to apply to switch from a EEA visa to a Spouse visa. You would need to ensure that you have been earning the required amount for at least 6 months and would need to submit evidence such as 6 months bank statements, 6 months payslips and letter from your employer confirming that you are being paid over £18,600 gross.
You would also need to submit evidence such as photographs, letters in individual or joint names going to the same address, showing that you have been in a subsisting relationship. Of course you would also need to submit a divorce certificate to show that her previous marriage ended and then you and your partner subsequently married.
The children will remain in the UK as french nationals being care for by your partner and you would therefore not require to make any application to the home office on their behalf.
Please see the following link, which has all the details required as well as the form FLR M, needed to submit the application:
https://www.gov.uk/remain-in-uk-family/overview
I hope this answers your question if however you feel that the answer does not cover all the points raised in your question please do not hesitate to ask further questions until you are satisfied with my answer.
Kind regards
UK_Lawyer and other Law Specialists are ready to help you
Customer: replied 2 years ago.
Thanks that is encouraging news, the marriage route sounds the easiest. Still unsure of how to proceed with the divorce as he is living in the French protectorate of Reunioin.