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!!!Need advice for unmarried partner of Work Permit holder!!

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fahim007
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Posts: 2
Joined: Mon Apr 19, 2004 6:02 pm
Location: Richmond, VA, USA
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!!!Need advice for unmarried partner of Work Permit holder!!

Post by fahim007 » Mon Apr 19, 2004 6:12 pm

Hello,

I will be moving to the UK in August this year. I have a job already with a reputed company and a 5 year work permit and work visa already.

My girlfriend is a US citizen and we would like her to move to the UK with me. We have been looking online and are very confused about all the "Unmarried Partner of Work Permit Holder" regulations. My questions are these:

1) She and I are both studying at a university in Virginia, and have been together for the past 4 years (since Sept. 2000). However, as we live on campus, we have separate rooms and different P O Box numbers, even though we have very much been living in a relationship akin to marriage

2) We do not have any utility bills etc. The only thing we have "joint" is a certificate of deposit (CD) with a local bank that we bought together in 2002. Other than that, we have some travel tickets, other entertainment tickets etc. We can get plenty of letters from friends, and even some University officials attesting to the fact that we have been together

3) How would you suggest we go about applying for a leave to enter for her? Are we at all eligible without bills/utilities and the sort? Is there a way around it, with the aforementioned forms of letters/documents?

4) Should we apply for her permit in-person or via mail will be good enough with a well-written letter? Speaking of which, can anyone suggest what form of letter would be most applicable?

ANY help, advice, recommendation is welcome!! We are desperate as we would hate to be separated across the pond.

Thanks very very much!!!

tdabash
Member
Posts: 108
Joined: Sat Mar 27, 2004 10:09 am
Location: UK

Post by tdabash » Tue Apr 20, 2004 2:40 am

Hello there

Although the standard of proof submitted to ECOs is usually conventional as you have already mentioned, you may find some ECOs who can think.

I suggest your girlfriend submits the following, together with her application form:

1- Affidavit sworn by you saying that you have been living with your girlfriend in a relation akin to marriage since 4 years (specify the date) and you intend to live with her permanently

2- Affidavit sworn by your girl friend saying that she has been living with you in a relation akin to marriage since 4 years (specify the same date and she intends to live with you permanently.

3- Affidavit sworn by two of the university officials attesting to the fact that you have been together for the same period. Please make sure that their position in the university is clear.

4- Affidavit sworn by your girl friend that she does not intend to stay in the United Kingdom beyond any period of leave granted to you.

Do not worry. These affidavits are not committing financially in the UK law. I do not know about the USA. :lol:

5- A letter signed by yourself and your girlfriend in ‘notary public’ explaining the way of life in a university campus and this in fact prohibits submitting utility bills...etc

6- Graduation certificate of your girlfriend or her university curriculum or a proof of her expected graduation date together with proposed employment with examples of salary ( usually the salaries in the USA are higher. The point that she would make here is she would like to be with you in the UK regardless of her expected salary in the USA)

7- The Certificate of deposit (CD) which you bought together in 2002.

8- Any evidence that you have been together such travel tickets, any letters of your friends directed to both of you, other entertainment tickets etc. that you may have.

9- Bank statement or proof of enough funds which enable both of you to stay in the UK until you find your feet.

10- Proof of your employment in the UK.

11- Your passport.

I also suggest she applies in person and you should be with her.

Please contact the nearest British consulate asking if you could attend in her appointment. Please make sure that you keep the tickets or petrol receipts/ toll station receipts if you are driving. You will need this in the future if her application was not successful.

I am afraid to say that you do not have the conventional documents that the ECOs would like to see. However, the above is a reasonable plan to prove your case. The documents will also help you in the future.

Alternatively, you may wish to get married.

When she applies in person with the above documentation, there are two possibilities;

1- Visa would be granted (likely) then there is nothing to worry about

2- Visa would be refused (unlikely). In this case you may wish to come to the UK first. Immediately after sorting your accommodation out, she may reapply with the above documents but this time it would be with your UK address and your details required in the application form. If she got refused again (unlikely) she would have the right to appeal. As her UK sponsor, you would then use every document you initially presented, the tickets proving you traveled with her to the British consulate and more evidence from the UK. Her appeal will be heard in the UK in front of an adjudicator.

Your girlfriend can then join you in the UK as a visitor until her appeal is heard. US passports are usually granted 6 months leave at the port of entry.

UK Law requires ‘the parties have been living together in a relationship akin to marriage which has subsisted for two years or more’. The law did not ask the ECOs to accept ‘the relation has subsisted with utility bills’.

The burden is on your girlfrind to show that she falls within the particular Immigration Rules applicable for entry into the United Kingdom.

The standard of proof is on the civil standard of the balance of probabilities (that is to say more likely than not).


The Truth will prevail.

Good luck :)

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