View Full Version : Complicated status & Visa application
tommygirl
9th April 2012, 23:56
Hi. I am married but already separated ( but not legally --not legally separated nor annulled). I have 2 kids from that marriage, both under the custody of their father. I met and fell in love with another man with whom I co-habited for 2 years and sealed our union with a son.then he left for work in UK with a tier 2 visa. Now our son is 3. We would want to be together as a family in UK. any chances?
RickyR
10th April 2012, 10:32
You may be in a position to apply for an unmarried partner visa, of course if you were able to obtain an annullment from your husband it would make life a lot easier for you.
Take a look at this page on the UK Border Agency website. http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/unmarried-same-sex/can-you-apply/
joebloggs
10th April 2012, 10:53
You may be in a position to apply for an unmarried partner visa, of course if you were able to obtain an annullment from your husband it would make life a lot easier for you.
Take a look at this page on the UK Border Agency website. http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/unmarried-same-sex/can-you-apply/
i dont think so, I think he would need to be a UK citizen or be a permanent resident.
Your unmarried or same-sex partner must be:
currently living and settled in the UK; or
returning to the UK with you to live here permanently (if you are currently outside the UK).
Terpe
10th April 2012, 12:53
Furthermore, recent immigration changes do not allow Tier 2 to become eligible for ILR (settled status) based on time spent in UK. There are now other factors that need to be met (income being just one)
RickyR
10th April 2012, 13:19
Sorry, my apologies. I failed to appreciate the status of a Tier 2. Thanks Terpe.
joebloggs
10th April 2012, 13:31
no problems Ricky things are changing alot now :doh
RickyR
10th April 2012, 13:37
It does seem to change by the minute Joe, very difficult to keep up with.
Anyway, here is the website that should help you tommygirl. It doesn't go into specifics, but it relates to Dependants of Tier 2 Visa Holders, and includes unmarried partners. I might be a hard process, and could be worth contacting an immigration professional in the UK to guide you properly.
http://www.ukba.homeoffice.gov.uk/visas-immigration/working/tier2/general/dependants/eligibility/
tommygirl
10th April 2012, 15:34
:Wave: hi thank you so much for the response but am still confused :-( i have actually read and re-read (and re-read and still re-reading) the UK border agency site in the past year.
i know i wont fall under UNMARRIED PARTNER-as i am not unmarried <sadly> so my man and I no longer wish to pursue that category
I am finding it hard to get annulled now as my husband threatened to sue me of bigamy if i do file the annulment. i am scared as it is already known that i am having a relationship with another man and have a son with this man.
this is just so hard for us---especially for our son who was just a baby when my mna left for work in UK.now, our son is 3.
we have opted to apply for tourist family visit visa--at least we will get 6 months being together everyday--even for just 6 months to give our son time and chance to experience having dad and mom together geographically.
you think we will get an approval? we have already scheduled our appointment on the 30th of this month and now going through our online application and gathering documents to prove our relationship over the years
grahamw48
10th April 2012, 16:06
You are not married to the person sponsoring you (present partner), therefore you are an unmarried partner as far as the application goes. The reason as a couple you are not married (to each other) is immaterial.
That's how I see it anyway. :)
RickyR
10th April 2012, 16:11
Hi.
Just to clarify for you, the unmarried part relates to you and the person in the UK. I'm lead to believe that you can still be married to your original partner when applying for this visa under the following terms
(ii) any previous marriage or civil partnership (or similar relationship) by either partner has permanently broken down
So as I said, it may be worth speaking to an immigration professional about this.
As for the visit visa, your main task is going to be providing proof that you WILL return to the Philippines after your visit to the UK. This is going to be a challenge when your partner, the father of the children, is resident in the UK. You'll have to provide evidence such as your ongoing employment, a letter from your childrens school showing they are in schooling, commitments in the Philippines financial or otherwise (mortgages, property, business, dependant family). In addition, you'll need to show you have sufficient funds.
tommygirl
10th April 2012, 16:17
thanks for the info ricky.whew! definitely not an easy process :-( my son is just 3 so no school yet, i am not employed and no other commitments except for my 2 kids from the said marriage but they both live with their father.....sigh :-( thank you so much though for the link..
RickyR
10th April 2012, 16:30
I would think that with the right evidence, there is every chance you and your 3 year old son could obtain the the Tier 2 Dependant Visa for Unmarried Couples. Three years far exceeds the two year minimum requirement, and since you are dependant on your partner in England, you could probably prove that not only for a better family life, but financially you'd be better of all together, two sets of household bills becomes one!
Arthur Little
13th April 2012, 01:46
:sorry-2: I cannnot help with the legalities, Tommygirl ... but - as you've already seen - we are blessed with a number of very knowledgeable people here who will do their utmost to point you in the right direction. :welcomex: to the friendly filipino/uk forum, and stay tuned for further guidance. :xxgrinning--00xx3:
tommygirl
19th April 2012, 14:20
10 more days and my son and i will lodge our Family visit visa application ..::bigcry:
Arthur Little
19th April 2012, 14:48
10 more days and my son and i will lodge our Family visit visa application ..::bigcry:
... wishing you all the very best with it. :xxgrinning--00xx3:
RickyR
19th April 2012, 22:42
I wish you all the very best with your application, however, one point and I don't wish to appear pessimistic, but unless you have sufficient proof to show that you have strong ties to the Philippines that are stronger then you staying in the UK with your husband after your visa expires then you will not be issued a family visit visa. If you have the evidence such as property, a job to return to and commitments, then you should be fine. As I said earlier though, you can of course apply for the Tier 2 Unmarried Dependant visa and live happily ever after :-)
tommygirl
28th April 2012, 05:22
Who signs my 3yeR old sons application form? Me?
Stevi
28th April 2012, 10:51
Hi you do not need to be married with your partner to launch unmarried partner i am into unmarried category i applied our papers last Feb 7 ,2012 and got our visa April second week. What yuo need is gather all the evidencr that you and your partner has been living together in one roof for the last 2 years, is means bills if yuo have joint account, rents, electric bills, anying that will proove that yio have been living together photos submit from day one, but i suggest it is verry very important that yuo can establish the fist email, exy, letter on yuor fist date, and also the day yuo bean living together, i am annuled but my spause has just been seperated i got 2 kids age 15 and 17 we all got the visa it helped. A lot that my kids before loves to write letter to my partner, being grateful and anking him with evertyhi g tbat he has done for us this is very very important :Wave:
Stevi
28th April 2012, 10:54
Skype me vilma.monk any one who wants to know a little bit more of how to apply unmarried partner...maybe i can help:xxgrinning--00xx3:
Stevi
28th April 2012, 10:54
Oo diba
Stevi
28th April 2012, 11:00
Lastly, i am a living proof on how GOD WORKS in one's life.. I was homeless, lost my kids before, penniless sold my soul just to be able to survive but do not fret..never lose hope.. Give yuor whole heart and soul to Christ, for our Heavenly Father
Hears every prayer Give yuor life to Jesus... We cant just do it by our selves He will give you the best according to His plann and His time trust Him thats what i did and now i am enjoying everying through His most wonderful blessings but this life is not permanent, what is more important in this life is to be obedient in Him, and with Him someday He will give us eternal life..God Bless us all Lord Jesus Loves us all very very much He gived His life to us let us give him all the love and praise:)
tommygirl
14th May 2012, 05:20
OH MY GOSH! I JUST GOT AN EMAIL SAYING : your visa will be dispatched shortly. WHAT DOES THAT MEAN???????? :yikes:
tiger31
14th May 2012, 06:42
it means your on your way girl well done
tommygirl
14th May 2012, 06:53
Whoa!!!!!!!! And this forum has helped me soooo much :-) won't celebrate yet but been jumping already :-) will wait till I get the visa in my hands!!! Weeeee
aronbabev
14th May 2012, 07:01
Wow,,!!!Tommygirl Congratulations!!!:Jump::Jump:
lastlid
14th May 2012, 07:08
OH MY GOSH! I JUST GOT AN EMAIL SAYING : your visa will be dispatched shortly. WHAT DOES THAT MEAN???????? :yikes:
It means that your visa will be dispatched soon. :xxgrinning--00xx3:
tommygirl
14th May 2012, 07:18
Oh boy oh boy oh boy:Hellooo: don't wanna get my hopes so high but hey! I am allowing myself some moments of jubilation Hahahaha whew! But of course I have to remind myself it's not yet bread until it's baked and hot :D I'll keep you all posted when I do get my parcel :-)))))
grahamw48
14th May 2012, 09:49
:icon_lol:
Yes, soon you'll be joining all the other happy and cheerful little Filipinas in this miserable country of ours. ...thank god. :D
joebloggs
14th May 2012, 11:02
in this miserable country of ours. ...thank god. :D
speak for yourself Graham, its not so bad here in Manchester :D:Jump:
grahamw48
14th May 2012, 11:10
Bah humbug....sold out to the arabs mate !:NoNo:
joebloggs
14th May 2012, 13:09
Bah humbug....sold out to the arabs mate !:NoNo:
:yikes: thats the man city side, i'm on the other side :rolleyes: where there is still trees and grass :icon_lol:
grahamw48
14th May 2012, 13:12
Long as I can fly out of the airport on a cheap arab flight I don't mind. :D
lastlid
14th May 2012, 17:49
Oh boy oh boy oh boy:Hellooo: don't wanna get my hopes so high but hey! I am allowing myself some moments of jubilation Hahahaha whew! But of course I have to remind myself it's not yet bread until it's baked and hot :D I'll keep you all posted when I do get my parcel :-)))))
AKA Don't count your chickens before they hatch.....:xxgrinning--00xx3:
tommygirl
17th May 2012, 11:01
:)visas now in my hands
rusty
17th May 2012, 11:08
:)visas now in my hands
Congratulations, another success :xxgrinning--00xx3::Jump:
Terpe
17th May 2012, 12:19
:)visas now in my hands
Congrats :Jump:
:xxgrinning--00xx3:
Marie
17th May 2012, 14:58
Congratulations tommygirl...what a success...
stevie c
17th May 2012, 16:54
Great news congrats :Jump:
Arthur Little
17th May 2012, 17:15
- as you've already seen - we are blessed with a number of very knowledgeable people here who will do their utmost to point you in the right direction ... *stay tuned for further guidance. :xxgrinning--00xx3:
:) And the *waiting has paid off ... Congratulations on your success! :BouncyHappy:
Eyes O'Donnell
18th May 2012, 07:04
congrats :):xxgrinning--00xx3::Jump:
tommygirl
12th June 2012, 07:23
got our visas :-) applied april 30, received visas may 15, booked flight may 17 and now 2 weeks to go and we will be flying :-):Hellooo:
Terpe
12th June 2012, 08:12
got our visas :-) applied april 30, received visas may 15, booked flight may 17 and now 2 weeks to go and we will be flying :-):Hellooo:
That's great :Jump:
Congratulations and well done :xxgrinning--00xx3:
:airline:
melovesengland
13th June 2012, 06:43
:)visas now in my hands
congrats!!! :Jump::Jump::Jump::Jump::xxgrinning--00xx3:
Arthur Little
13th June 2012, 09:59
2 weeks to go and we will be flying :-) :Hellooo:
:Hellooo: ... Bet you're "walking on air" already - "heady" with the sweet smell of success.
Bon Voyage! :airline:
tommygirl
13th June 2012, 10:06
HELP ONCE MORE please
will it be okay if i arrive heathrow with just 100 pounds in cash but bring along my credit card and debit card?
my son and my family visit is being wholly sponsored bymy partner and he will be in the airport to pick us up.
will that be a problem with immigration if we just had that money?
Bluebirdjones
13th June 2012, 11:52
No
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