Partner still married - I Left WP employment

Great site...

Seeking help / advice with my situation.

I've been in a relationship with my British partner since January 2003. We live together and have done since pretty much start of our r'ship.

He's still married and going through a very long winded divorce which seems endless.

I am on a workpermit and have been since May 2001. However I left my job in May this year. (resignation, had enough, stress, politics). Now seeking other WP employment but it seems hard and not the greatest selling points in interviews.

My partner and I know we want to get married and as soon as his divorce is finalised we will. For love, not visa ! However, as his divorce seems to drag on with many more battles to fight over finances, I was wondering whether there is anything we can do to apply for a partner visa for me in the meantime. Due to legally not allowed to marry etc. (although 6 months short of 2 year living together requirement)

If I don't work soon, we'll be financially screwd and not sure we can afford to be without my income until his divorced comes through. I get many offers for contracting work which, of course, i'd be able to do if I wasn't so restricted.

As I'm now apraoching the 2 month mark being unemployed since leaving last WP employment, I'm getting panicking and so is he.

Any advice would be GREATLY appreciated.

Jane098,

Please seek legal advise from an experienced Lawyer/Solicitor. On ceasing your work permit employment you would have had 28 days to leave the country! or change jobs to another one with a work permit...

...It may be that your Visa is still 'valid' (i.e there is 'more' validity for the duration of your visa) despite the fact that you quit your job which 'nullifys' your Visa....


...We have had cases on this forum where people have quit WP jobs and stayed in the country 'illegaly - despite having valid visas in ppt' and then got jobs for which WP's were obtained and HO allowed them to continue with their ne employment...


...Have you thought of applying for HSMP?

...It is gonna be difficult getting a spousal visa (or anything of that kind), if your 'husband to be' is still legally married

All the best

the bad news

1. Any further/ leave (permission) to remain in the UK based on your work permit is only valid as long as you are still in employment. You quit your job in May 2004 so your WP and associated LTR/FLR are both invalid. You were expected to get a new WP, change status or depart the UK wthin 28 days of leaving your job. Technically you don't have to do anything until the Home Office notify you in writing - your employer may or may not have told them of your departure. Even where the Home Office have received notification of your resignation from your employer administrative delays mean their letter of get new WP, change status or depart from the UK may not get to you for another 6-8 weeks.

the good news

2. The Home Office understand that it is not easy to just pack up and leave the UK so often approve new WP's post this 28 day period. We've seen people on the forum in your situation get a WP and WP FLR up to three months after they left their previous job.

course of action - ideally by July 2004 and based on the premise that you do not want to leave the UK before a marriage/ unmarried partner application.

1. Try and get another WP as soon as possible - keep going for interviews. What is your occupation i.e. is it one where there is a shortage of skills in the UK labour market?

2. Apply for the HSMP if you meet the criteria - submit the contract job offers to get the application expedited..note these are taking 8 weeks on average.

3. IMHO I do not quite see any particularly compelling grounds for requesting discretion to waive the 2 year 'co-habitation' in the unmarried partner category. The Human Rights Act would not be beneficial either as you are not yet married. However there is no harm getting some legal advice on this. It may be that a competent laywer/ immigration consultant has been successful in getting an application in similar circumstances approved. You would have to provide extra details of your situation especially the hardships you are facing but I don't think money problems cuts it.

Finally do not depart the UK before you get fresh FLR. Re-entering on the basis of an invalid WP FLR is fraud/ a severe breach of the immigration rules.