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Immigration Warrior
Immigration Warrior, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 1643
Experience:  Immigration Consultant/Supervisor at Chatham Chambers solicitors
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My partner is still married but his visa will run out,

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My partner is still married but his visa will run out
JA: Just to clarify, which visa specifically is he asking about?
Customer: Fiancé
JA: Has he already talked to a lawyer about the visa?
Customer: yes
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: hes married but in a new relationship with me but is going through court to see his child but his visa is pending on the outcome

Hi

Further to your question as he is not divorced officially he cannot apply to extend the visa on your basis except if you have been in a relationship for two years and living together for the time.

Kindly note that even if he has a pending family court application with the courts he can still make an application on the basis of his child and the home office can put the application on hold until the outcome of the hearing.

Kind regards

Customer: replied 20 days ago.
The court hearing is in January, they are pushing for indirect contact, does that mean he will have to leave the UK?

Hi

If indirect contact is given then unfortunately he will have difficulty in extending his visa, however it all depends on his relationship with the child, the child's wishes and the last time he saw the child.

Customer: replied 20 days ago.
What is the best option to apply for a visa on the basis of our relationship
Customer: replied 20 days ago.
We have been in a relationship since March 2021 where I travel every week to see him

Unfortunately, he can only apply on the basis of your relationship once you enter into marraige

The advise I can provide you, is to apply on the basis of the child, if the application is refused, appeal the same which would give you more time to decide what you want to do about the relationship.

Customer: replied 20 days ago.
if we are going to apply for spouse visa basis on our marriage does he need to go back his home country and apply from there or i can just apply within uk

He can apply from within the UK as long as he still has valid leave to remain when he applies.

Customer: replied 20 days ago.
If we had a choir together would it make a difference
Customer: replied 20 days ago.
Child*
Customer: replied 20 days ago.
If we had a child together would it help?

Hi

If you had a child together then he could apply under the basis of that child.

Customer: replied 20 days ago.
He’s worried they will send him back to his home country

Hi

Kindly note that its not that easy to send someone back and as long as he has a pending application with the home office he cannot be removed.

Customer: replied 19 days ago.
Hi, in regard about his court hearing in January, his ex partner had made some serious allegations to stop him from seeing his daughter who is only 3. Domestic violence against her and sexual abuse towards his child. She thinks he abused the child on the basis that she puts her tongue in her mother’s ear and touches her privates when her nappy is off. My own children when young did these things and were never exposed to abuse. He’s heartbroken about it and don’t know how to prove he didn’t do it. Cafcass has advised indirect contact but how likely is it for the court to agree

Hi

Further to your question, unfortunately I cannot comment in relation to the same as I am not fully aware of the case and am an Immigration solicitor. i do strongly suggest that he has a family solicitor to assist him with the hearing in the family courts

Customer: replied 19 days ago.
Hi, thank you. He did apply for a visa on the basis of his child but it was refused because no court date at the time had been set. He’s made an appeal against it now that he has a court date. He hasn’t heard anything back just yet.
Customer: replied 19 days ago.
In a worst case scenario that he’s only given indirect access, will I need to have savings to get him back? I don’t work due to disability but I don’t receive PIP or anything like that. I only receive UC and a small allowance for being unable to work
Customer: replied 19 days ago.
I only have £900 savings right now

Hi

If the matter is with the courts then by the time there is an appeal hearing he would have had evidence of any contact.

Kindly note that if he was to return and you are not working or receiving PIP then you will not be able to meet the financial requirements. If you are relying on savings you will require £62,500 which you have held for 6 months.

Kind Regards

Customer: replied 19 days ago.
HiThank you very much for all of your help and your timeLucy

I am glad I could assist you and many thanks for visiting the JustAnswer website.

All the best for the future

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