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How to apply for a Partner/Spouse Visa Under New Rules

Discussion in 'UK Visa and Immigration Help' started by Micawber, Jul 31, 2012.

  1. Pat
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    Pat New Member

    We've been working on it but it's taking ages and costing too much. I'm not trying to lose hope because of the situation I got in to from my past. I would be very honest about it, hopefully they could take in to consideration that it's for the best interest of our child to grow up with his father around.
  2. Pat
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    Pat New Member

    I was planning on getting a notarized letter/affidavit stating we are separated acknowledged by me and my ex.
  3. Mattecube
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    Mattecube face the sunshine so shadows fall behind you Trusted Member

    The rules my comments are in bold

    . Eligibility



    To apply for a ‘family of a settled person’ visa, you must be from outside the European Economic Area (EEA) or Switzerland.

    Your partner or family member must have one of the following:

    • British citizenship
    • settlement in the UK
    • asylum or humanitarian protection in the UK
    You must also prove that:

    • you’re 18 or over, unless you’re applying as a child
    • your relationship to your family member is genuine and recognised in the UK, eg your marriage is legal in your country
    • you intend to continue living with your family member or partner in the UK after you apply (unless you’re a parent who has access to the child)
    • you and your family will have an adequate place to live in the UK
    • you have a good knowledge of English if you’re 18 or over - unless you’re applying as an adult dependent relative
    Your application might be refused if, for example, you’ve:

    • got a criminal record in the UK or in another country
    • provided false or incomplete information to the Home Office
    Read the full guidance on refusals.

    Joining your partner
    You must prove that you and your partner are 18 or over and in a genuine relationship.

    You must be one of the following:

    • married or civil partners YOUR NOT
    • living together in a relationship for 2 years YOUR NOT
    • engaged to be married or to become civil partners YOUR NOT
    You must prove that any previous relationships you or your partner had are permanently broken down. ANNULMENT REQUIRED

    You must also meet the financial requirement of:

    • £18,600 per year if you’re applying only for yourself
    • £22,400 per year for you and one child
    • £2,400 per year for each additional child
    Download ‘Appendix FM 1.7: financial requirement’ (PDF, 478KB)

    You won’t need to prove you have this money if you or your partner get certain disability benefits or Carer’s Allowance, but you’ll need to adequately accommodate and support yourselves and any dependants.

    You’re engaged
    You must prove that you plan to marry or become civil partners within 6 months of arriving in the UK. YOU CANT BE

    If you or your partner has been married or in a civil partnership with someone else before, then you’ll need to provide proof that the relationship has ended when you apply. This could be:

    You won’t be able to work during your engagement.

    Bringing your children
    Your children must be under 18.

    You must name your children on your application, but you’ll need to apply for them separately.

    Joining your parents
    You must be under 18 and all of the following must apply:

    • you’ll be living with your parent or parents
    • you’re not married, in a civil partnership or living an independent life
    • you’ll be supported and accommodated adequately without using public funds, or you meet the financial requirement
    Coming to look after your child
    Your child must be under 18, living in the UK, and either a British citizen or settled in the UK.

    You must prove that either:

    • you’re the only parent of the child and you’re the only person who’s responsible for them (you have ‘sole responsibility’) YOUR NOT
    • your child lives permanently with another parent or carer who’s British or settled in the UK and not your partner, BUT HE IS

    • and you want to
    • help raise them (you’ll need to prove you have access to your child in person, either agreed with the other parent or carer, or by a court order)
    You must also:

    • prove you’re taking an active role in the child’s upbringing
    • be able to support and accommodate yourself without claiming public funds
    If you’re the partner of the child’s parent you must apply to join as a partner.

    Coming to be cared for - you’re an adult dependent relative
    You must be dependent on a parent, grandchild, brother, sister, son or daughter who is living permanently in the UK.

    You must prove that:

    • you need long-term care to do everyday personal and household tasks because of illness, disability or your age
    • the care you need is not available or affordable in the country you live in
    • the person you’ll be joining in the UK will be able to support, accommodate and care for you without claiming public funds for at least 5 years
    • you’re 18 or over
    Print entire guide
    Family visas: extend your stay in the UK
    Is there anything wrong with this page?
  4. Pat
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    Pat New Member

    I was planning on providing an affidavit stating we are married but separated both acknowledged and signed by me and my ex.
  5. Brom27
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    Brom27 Well-Known Member Trusted Member

    Unfortunately annulment is your only chance of applying for the settlement visa. Some member here are going through the annulment process and they are also waiting for a long time.
    • Agree Agree x 1
  6. Maley
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    Maley Well-Known Member

    So there is no legal document from the court saying you two are separated? In the eyes of the law you are still married to your ex (living together like what all married couples are).

    But as you said, your ex is very cooperative with everything, it would make things easier to get an annulment. Make sure you have a reputable lawyer since it makes a lot of difference but in most cases i heard it takes about 2-3 yrs on average.
  7. bigmac
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    bigmac Well-Known Member Trusted Member

    You have to get an annulment. My wife's annulment from her pinoy husband took 15 months and cost £2000. You need to employ a lawyer with a very good track record in getting annulments. But do not mention you have a British boyfriend.

    So if it takes that long for you..it gives your partner time to get a steady job..a suitable place to live..and the all important 6 months payslips and bank statements. You can always apply for another visit visa in that time.
    • Agree Agree x 2
  8. Pat
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    Pat New Member

    Thank you so much. This is what i think will work too. Thanks everyone for all the help.
  9. Pat
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    Pat New Member

    By the way, do you mind if I ask any info/details of the lawyer your wife had for her annulment?
  10. bigmac
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    bigmac Well-Known Member Trusted Member

    i will have to ask her.
  11. bigmac
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    bigmac Well-Known Member Trusted Member

    where abouts in the philis are you ? my wifes lawyer is in la union.
  12. Rob
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    Rob Member

    my wifes annulment took 14 months btw. we were told 6-9 months.......2016.
  13. Timmers
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    Timmers Well-Known Member Trusted Member

    Sounds about right, just goes to show that it is impossible to put a time frame on a annulment, we have all just muddled through it the best we can.
    • Agree Agree x 1
  14. daniel anderson
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    daniel anderson Member

    I was wondering if this new scan documents will affect my process?

    Our plans was for my wife too bring our portfolio(all our documents) to her appointment in vietnam.
    These new rules done alter anything do they. Its just same process but with that extra option?
  15. emz
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    emz Active Member

    My annulment took 5 years to finished :( Hi @bigmac do you mind if i may ask what documents that your wife submitted for her fiancee visa , im a bit confused about the court decree , is it the same to a court decision ? Thanks
  16. bigmac
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    bigmac Well-Known Member Trusted Member

    Submit court decision to the municipality where you got married.
    Submit same to the NSO..for cenomar
    You get 3 copies..submit one to VFS

    Being the Philippines...all the above takes ages.
  17. emz
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    emz Active Member

    Indeed , I have done the registration , annotation at the local civil registrar and also the NSO , Im just waiting for my annotated Marriage Certificate from NSO and Cenomar then Apply for Fiance visa :) @bigmac Thank You for the information :)
  18. DandZ
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    DandZ Member

    I need someones advice on supporting documents. I left the marriage certificate and my birth certificate with my partner in the PH's.

    Would it be okay to have her submit those with the application and I send all my supporting documents to Sheffield?
    Or would it be better to send everything to her in the PH's to be submitted all at once?
    Or should I have her send those documents to me to be submitted to Sheffield?

    :confused:
  19. bigmac
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    bigmac Well-Known Member Trusted Member

    i cant recall whether the sposor needs to send in a birth certificate.
    • Like Like x 1
  20. Mattecube
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    Mattecube face the sunshine so shadows fall behind you Trusted Member

    Always put a birth certificate in.
    In your case I think it will be fine if she submits it on your behalf.
    • Like Like x 1

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