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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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I met my friend several years ago we started a relationship

Customer Question

I met my friend several years ago we started a relationship my partner needed help with a immigration problem at that time I had no money or security to help.
We separated and went our own ways.
We both found new partners.
My partner is now deceased and my ex partners is still with, his the relationship is bad he is bullied and used as a domestic slave.
He is verbally bullied for hours at a time .
The home office has granted three years leave to remain in the UK.
What can he do at this point can we become partners or enter into civil partnership what would be the pros and cons.
Mike
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 confirm your nationality?
On what basis did your ex partner obtain 3 years leave to remain?
Do you currently earn £18,600 gross?
Kind regards
Customer: replied 2 years ago.

Did you get the reply to your previous question.I dont have any other answers as yet.

My question was about options available without being detrimental to his currant application.

Customer: replied 2 years ago.

I am a UK National

His new partner applied for permission to remain as the partner of a UK citizen.

I earn well over this amount and my ex partner just at that amount.

Customer: replied 2 years ago.

UK Lawyer

I am a UK National

His new partner applied for permission to remain as the partner of a UK citizen.

I earn well over this amount and my ex partner just at that amount.

Expert:  UK_Lawyer replied 2 years ago.
Thank you for your reply.
There is nothing preventing you from starting a relationship with your ex partner again, what you will need to explain to the home office is the circumstances surrounding the relationship and what happened with your previous partner's.
In regards ***** ***** visa he has been issued with, if he has been issued with limited leave to remain for 3 years and his application was submitted prior to 9th July 2012, then I would recommend that he stays on this visa and does not change his visa, then once his visa comes for renewal he then states reasons again why he should be given permission to remain in the UK. This is because applicants who were granted limited leave to remain for 3 years prior to july 2012 will only need to wait 6 years to obtain indefinite leave to remain, if he applied for a visa after that date then he would need to be in the UK for 10 years before obtaining settlement.
Assuming he is on limited leave to remain in the UK , he is unable to switch to any other visa category he would need to remain in the UK on limited leave to remain and cannot switch to any other type of visa. If you wish to marry and for him to arrive to the UK as your civil partner then he can marry you, but he would need to return to his home country apply for a civil partner visa and then return to the UK on this basis, he would then need to remain as your civil partner for 5 years before applying for settlement.
If you do not wish for him to return to his home country and apply then you can still enter into a civil partnership in the UK, but prior to the expiry of his visa apply for an extension , but this time state that you are his new partner and the reasons why the home office should not allow him to return to his home country on the basis of your relationship with him. As stated above he would only be able to apply for settlement after 10 years ( if he applied for his current visa after july 2012).
I hope this answers your question.
Kind regards
UK_Lawyer and other Law Specialists are ready to help you
Expert:  UK_Lawyer replied 2 years ago.
I hope this answers your question, if so please provide a rating so I can get credited for my time.
Kind regards
Customer: replied 2 years ago.

Questions

This has started to make the situation clearer now.

A couple of points need to be cleared up.

Algeria is still an extremely strong Muslim run Country and his return for a document will be very dangerous.



  1. Is there a massive difference between the ways our relationship would be viewed by the home office if it were not entered a civil partnership?

  2. Would the exact date that we first met being much earlier than the present relationship start help the process quicken at all?

  3. If there were no visa would this make any difference, or if the visa was granted at an earlier date would that help?

  4. How many appeals are allowed before he would be forced to return to Algeria?

  5. If his current application got refused my understanding is that a retrospective attempt to make a new application will be disallowed, is that correct?

  6. If his current partner made a problem or completely pulled is support again from the present application its my understanding that only a proactive action such a removing himself from the abusive relationship or making a new relationship explained an known to the Home Office will be allowed.


After the event would cause difficult questions such as. Why did you not remove yourself before if the relationship was that abusive or is new relationship real or fake?

I will get more detail for you about the visa issued what type and what date for you ASAP.

Customer: replied 2 years ago.
Uk lawyer
there are still several in answered questions and info about visa
Expert:  UK_Lawyer replied 2 years ago.
Thank you for your reply.
1. Regarding your relationship, I would recommend that you did make it legitimate as this would make it much easier for the home office to determine its authenticity and also you can make them aware of the effects of you and your partner moving to Algeria.
2. Yes and no, because the important aspect of your relationship will be when your current relationship started. This will be the basis on which your partner's visa will be issued.
3. If your partner already has a visa then this would help, it would be much more beneficial for him to have the visa and be married to you then not to have a visa. If the visa was granted at an earlier date this would help.
4. You are allowed to appeal 3 times before being asked to return.
5. Not necessarily, each application is based on its own merits if the new application has new information and new reasons why his application should be granted then the home office will take this into account before making a decision.
6. If his partner did pull out then there is nothing prevent him from submitting an application in respect of his new relationship with you and stating the abusive nation of his previous relationship and explaining why it broke down.
7. Yes, these issue can be something that the home office can pick up on, I would therefore recommend that if the relationship is no longer subsisting then it is advised not to make an application if the relationship is no longer subsisting.
I hope this answers your questions.
Kind regards
Customer: replied 2 years ago.
He did not have a visa when he entered the country
Expert:  UK_Lawyer replied 2 years ago.
Thank you for your reply.
Does he currently have a visa?
You stated he has been granted a 3 year visa? when does this expire?
Kind regards
Customer: replied 2 years ago.

So how would the timing of the new application work out would it start from what point

Expert:  UK_Lawyer replied 2 years ago.
Thank you for your reply.
You should submit the new application prior to the expiry of your partner's visa, then you submit evidence of their relationship with you as the reason to why your partner should be given permission to remain in the UK. You would need to explain what happened regarding his previous relationship and how it led to you and your partner getting back together.
I hope this clarifies the matter.
Kind regards
Customer: replied 2 years ago.

If it were to be discovered by the home office that their present relationship was a fake.


 


1. Would the home office be able to prosecute either of them for fraud or anyother type of offence if so what are the penalties.


 


2. A friend of mine some years ago had an unnanounced visit from the home office collecting information they took time dated photographs through the closed windows showing that they were not sleeping together then when questioned about there sex live they said they were not having sex. Can the Home Office still do this type of thing.


 


3. If it was discovered or admitted that the relationship is not a sexual relationship how would the Home office view this.