unmarried partners

[GEORDIE]

Rule 295A of the Immigration Rules says that an unmarried partner may obtain a UK settlement visa if :-

"...........the parties have been living together in a relationship akin to marriage..............which has subsisted for two years or more."

Does anyone know how this two years is calculated e.g. the rules do not say that it must be immediately prior to the application.

In my own case I have a 10 year relationship with a Filipina and we have a 7 year old daughter. Over that 10 year period we have lived together for about 2 years as man and wife. In 2007 we tried to settle in The Phils and tried to build a house. Basically it was a financial nightmare and I had to return to the UK to work to make back the money we lost. I therefore didnt see my partner and daughter for 3 years - caused a lot of heartache!!!

I've now restored our financial position and obtained a divorce from my UK wife. However, my Filipina partner is still legally married to her Filipino husband despite not having lived with him since 1994. We thought we had got an annulment in 2003 only to find out recently that it was a fake!!!

We have a large amount of documentation to evidence our relationship and the time we spent together. I will be going there in January to apply for their settlement. I suppose the worst case scenario is that we live together for another 2 years and then apply but that seems to be harsh and not good for our daughter's education - the sooner she is settled in the UK the easier it will be for her.

Any thoughts would be appreciate and please feel free to ask any questions as I tend to think that these things depend on the particular circumstances of couples/families rather than hard and fast rules.

Many thanks
Geordie

[sars_notd_virus]

I've now restored our financial position and obtained a divorce from my UK wife. However, my Filipina partner is still legally married to her Filipino husband despite not having lived with him since 1994. We thought we had got an annulment in 2003 only to find out recently that it was a fake!!!


Many thanks
Geordie

HI Geordie!! Welcome here

I would suggest your partner sort out her legal issues with regards to her previous marriage first before moving on and apply for a settlement visa ...
Does your partner have a separation agreement with the ex husband?

[joebloggs]

not time to read all your post at the mo, but an unmarried partner visa is probably the most difficult visa to get.

i think its 2 continous years together, with a lot of evidence to support your app over the 2yrs.

[GEORDIE]

HI Geordie!! Welcome here

I would suggest your partner sort out her legal issues with regards to her previous marriage first before moving on and apply for a settlement visa ...
Does your partner have a separation agreement with the ex husband?

No there is no separation agreement. I think as there is no divorce in The Phils and the annulment process is so long and protracted then I really cant see that there is much point in sorting out legal issues with her marriage.

Geordie

[GEORDIE]

Can you tell me why you think the unmarries partner visa is probably the most difficult to get. I think it is a relatively new concept and I would imagine that there are not that many applications under this category. I would agree that living together for 2 years away from the UK is dificult to achieve.

Also, you mention that you think that it is 2 years continuously together but the Immigration Rules only say that 2 years must have subsisted. It may be that the guidelines to the Entry Clearance Officer say continuous (I dont know) but I think every case would be different and have its own merits.

Finally do you know anything about an NCC2 referral? (Non Charged Casework). This is where the ECO can refer a case back to the Home Office in London where there are compassionate grounds. Specifically I have read that this can apply where there are children involved and the parties have lived together for less than 2 years.
Many thanks, Geordie

[joebloggs]

again sorry, I've got no time to read all this thread now , i have to go to work now, but i will later
other people have said it is the most difficult for the reasons you've said, evidence you have lived together at least 2yrs, i'm not sure it is continuous , but from memory the refusal rate is a lot higher than a spouse visa.

[-sillybilly-]

Hi there mate!
I was reading your thread and i can see the difficulties that you will encounter applying visa for unmarried partners.

Annulment now in the Philippines can only take 6 to 8 months normal proceedings but if you wonna do it quicker then you can sit down and speak to your lawyer about it. I dont know about umarried partner visas but i know its a very complicated case.

Had my annulment in the Philippines and it only took me 4 months cost me about P165,000, partner came to the Philippines for our wedding then after 3 months we applied for spouse visa which was succesful in just 2 days processing! Everything went smoothly without any doubt with regards to paperworks and applications as we are legally married.

[GEORDIE]

Thanks for that. I am very reluctant to go down the annulment route (again!) because apparently my partner's husband will fight the case. Even though my partner was forced into marriage against her will at the age of 15 by her parents this is NOT grounds for annulment as at the time of the marriage (1977) this was the legal age! The only real grounds are the psychological incapacity of her husband and seeing as he is now going into politics he wont agree to this.

Geordie

[-sillybilly-]

Thanks for that. I am very reluctant to go down the annulment route (again!) because apparently my partner's husband will fight the case. Even though my partner was forced into marriage against her will at the age of 15 by her parents this is NOT grounds for annulment as at the time of the marriage (1977) this was the legal age! The only real grounds are the psychological incapacity of her husband and seeing as he is now going into politics he wont agree to this.

Geordie

Its always best to consult a lawyer specially force marriages, underages as you never know that that can be a strong grounds for an annulment these days.
A psychologist will ask her about the history and will study what is the best ground to file the annulment.

[sars_notd_virus]

No there is no separation agreement. I think as there is no divorce in The Phils and the annulment process is so long and protracted then I really cant see that there is much point in sorting out legal issues with her marriage.

Geordie

Very complex,as you hesitate to settle the legal issues(annulment) and you inclined to go on the next difficult one..

more questions:

1. Are you a british national?
2. You are in a relationship with your partner for 10 years and have a daughter 7years old?
3. Is your partners husband aware that you are living together for about 2years? and does he also have a new family of his own?

http://www.capitalvisas.com/UK-De-Facto-Visa.aspx

UK Unmarried Partner Visa (De Facto Visa)
The UK De Facto Visa is also known to many as UK Unmarried Partner visa and applies to applicants that have either settled status or Indefinite Leave to Remain in the UK (Please note that settled status means that a permanent resident is living here lawfully with no time limit on their stay. If you are returning to the UK to settle, your partner can also apply to join you at the same time. The relationship may be a heterosexual or a same sex, but the partners MUST not be blood related).

Unmarried Partner Visa – Benefits
A De Facto Visa / UK Unmarried Partner Visa, does not require you to be married to your partner. This is how it differs from a UK fiancé visa application which would require that your partner must join you with the express purpose of marrying, not allowing your partner to work. A successful UK unmarried partner visa application for the UK allows your partner to enter and work in the country without needing a UK work permit.

UK Unmarried Partner Visa – Duration
UK Unmarried Partner Visa's are usually issued for 2 years. After 2 years is up, the applicant can apply for Indefinite Leave to Remain (ILR) or permanent residency in the UK. On some occasions entry clearance may possibly be granted, this allows a partner to immigrate to UK on a permanent basis. Once permanent residency is granted, an applicant can become a UK citizen, this is done through British Naturalization.

UK Unmarried Partner Visa – Eligibility
A UK unmarried partner Visa applies to a relationship of the same kind to marriage. In some countries, this is a legally recognised status. Applications for unmarried partner visas must be able to provide adequate evidence that the partners have been living together in a relationship for at least 2 years.

Applicants seeking to apply for an UK unmarried partner Visa of this class must be 21 years old and above and the partner with the settled status in Britain must be 18 years old and above.

The unmarried partner visa UK applicants must be able to support themselves without access to public funds. The applicant must plan to live with their partner on a permanent basis.

Any previous marriage involving either party, must have permanently finished. Document proof may be needed for this.

[GEORDIE]

Thanks Sars,
Replies to your points :-
1. Yes I'm British by descent.
2. Yes over 10 years relationship & 7 year daughter (who is registered in my name)
3. Yes husband is fully aware of the situation and he does have a new family of his own but I understand that the children by this new relationship are registered in his new partner's name.

I believe visas are issued for 27 months after which the applicant applies for ILR. You can get ILR if you have been living together for 4 years.

Not sure if you saw my follow up post on annulment but psychological incapacity (on the part of her husband) is the only grounds and he will not agree to this.

Cheers
Geordie

[GEORDIE]

again sorry, I've got no time to read all this thread now , i have to go to work now, but i will later
other people have said it is the most difficult for the reasons you've said, evidence you have lived together at least 2yrs, i'm not sure it is continuous , but from memory the refusal rate is a lot higher than a spouse visa.

Dear Joe Bloggs,
I would be very interested to know your thoughts about this. I've read a number of your other posts in response to other queries and you really seem to know what you are talking about.
Regards
Geordie