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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10537
Experience:  Barrister 17 years experience
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My new boyfriend is from Pakistan, he went through a civil

Resolved Question:

my new boyfriend is from Pakistan, he went through a civil ceremony with a guy from southern Ireland, it is a loveless partnership, my boyfriends partner forced him to sign a prenup, saying he would get no money as long as the partner lived or even when he dies, now he is blackmailing my boyfriend, making him do things wether he wants to or not saying if he doesn't do things he will dissolve the partnership and my BF would have to return to Pakistan, is there anything my new BF can do ?
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
The civil partnership was in February 2014 , my BF does have a european visa
Expert:  Buachaill replied 1 year ago.
1. Can you better explain the situation. Who are you? Are you a UK or Irish citizen, or what nationality are you? On what basis are you residing in the UK? Was the pre-nup signed in Southern Ireland or in the UK? Where did the civil partnership take place - in the UK or Southern Ireland?
Customer: replied 1 year ago.
I am a UK national, I am Brian Roebuck living in Cumbria, the prenup was signed in the UK, and the civil partnership took place in the UK , I believe both took place in Birmingham
Customer: replied 1 year ago.
He is from Southern Ireland and my new BF is from Pakistan
Expert:  Buachaill replied 1 year ago.
2. The way out for your Pakistani boyfriend is simply to extricate himself from the civil partnership he has entered into with the guy from Southern Ireland and to then enter into a new civil partnership with you. IN that way, there will be no permanent trip back to Pakistan. YOur Pakistani boyfriend will be able to apply for a new visa in the UK based on his intended civil partnership with you whilst he dissolves the current civil partnership with the guy from Southern Ireland. He can apply for a spousal or family member visa based on your UK citizenship.
Customer: replied 1 year ago.
thanks for your help, we both did not think there was a way out until the civil partnership was completed for 5 years
Expert:  Buachaill replied 1 year ago.
3. There is nothing to prevent your Pakistani boyfriend from simply getting a fresh visa based on his relationship with you. he is not indenture in that he doesn't have to spend five years with the same person in order to get his Indefinite Leave to Remain based on his five years in the UK. There can be different people, such as you, during the five year period.
Customer: replied 1 year ago.
does he have to return to Pakistan until the visa is approved ?
Expert:  Buachaill replied 1 year ago.
4. As regards ***** ***** it most likely will be enforced as the parties were only together for a year and a half in the civil partnership. Be aware that a court can supplement the terms of the pre-nup if it deems it fair. Be aware that if the dissolution took place in Southern Ireland, the pre-nup would not be enforceable.
Expert:  Buachaill replied 1 year ago.
5. There is no need to return to Pakistan to get a new fiancee/intended civil partnership visa. That is only a fallacy. The application can be made from within the UK to remain.
Customer: replied 1 year ago.
he is not bothered about the prenup, he just wants to get out of the civil partnership and enter one with me and stay here in the UK , I was born here.
Expert:  Buachaill replied 1 year ago.
6. That should not be a problem. Essentially, he should apply for a fresh visa before the dissolution of his civil partnership comes through whereby he intends to enter a fresh civil partnership with you and also based on his relationship with you. Normally two years of a relationship is sufficient for any purposes for visa applications.
Customer: replied 1 year ago.
he says he cannot go to the Police with the blackmail as he believes that he would not be listened to with being from Pakistan
Customer: replied 1 year ago.
and does NOT want to be sent back to Pakistan
Expert:  Buachaill replied 1 year ago.
7. I regret to say that the police would not really regard it as blackmail one partner telling the other that he will end their relationship and his visa at the same time. "All is fair in love and war..." and all that.
Customer: replied 1 year ago.
ok thanks, ***** ***** we apply for a new visa ?
Expert:  Buachaill replied 1 year ago.
8 . You apply to the UK Border Agency. They handle all visas. However, your boyfriend and you will have to show an intention to enter a fresh civil partnership, such as having a date set and arrangements made.
Customer: replied 1 year ago.
thank you very much for your help. Brian.
Expert:  Buachaill replied 1 year ago.
9. You are welcome, Brian. Please RATE the Answer as unless you RATe the answer your expert receives none of the money you have paid the website.
Customer: replied 1 year ago.
the advice given to me from the online solicitor was VERY helpful, I recommend it fully.
Expert:  Buachaill replied 1 year ago.
10. Please RATE the Answer in the online Rating system which accompanies the question.
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