Recommended lawyers anyone?

[tenshi28]

Hi everyone,

I am about to start the process to obtain an unmarried family member visa for my girlfriend, and I am looking for a lawyer to study the case and give us advice as to what chances we have, what documentation and proof of the relationship we should provide, etc. So essentially valuable tips from somewhere who knows the inside of this process, not just a link to the foreign office's immigration requirements website

I was wondering if any of you could recommend an immigration lawyer in London? it would be great help.

Thank you!

[Obie]

Unfortunately it is against forum rules for anyone to advertise or recommend a firm on open forum.

1. How long have you been in a relationship for?

2, What is your partner's current immigration status?

[CR001]

You will find all the information you need here, for free, if you post your questions. Lawyers/immigration advisors often are not up to date or do not know all the rules and rule changes.

The main thing for this visa is this : Have you lived together in a relationship 'akin to marriage' for the last two years?

[Obie]

You will find all the information you need here, for free, if you post your questions. Lawyers/immigration advisors often are not up to date or do not know all the rules and rule changes.

The main thing for this visa is this : Have you lived together in a relationship 'akin to marriage' for the last two years?

All things being equal this forum is a huge source of assistance.

But for reason due to poor immigration history, lack of lawful status, deportation matter, op may require assistance , which we may not be able to provide on the forum.

[UKBA HUNTER]

Having a good loyal girl friend/wife/neighbour/lawyer especially in now a days is a wonderful blessings as it is bit difficult to find. But I can bet that this board and its posters possess comparatively far more knowledge then market lawyers who I believe read themselves this same board to keep themselves updated. That board display from minor to major news ranging from BBC news to ukba policies etc. Although by time to time some posters who has no query or treat the board like chat websites try to pollute the atmosphere who just need to be overlooked.
Always do a careful selection in choosing a lawyer as many ones in market are just sitting with no knowledge as a second source of income apart of their primary jobs such as night security officer where they sleep in night. A lot well educated lawyers can also be found though.

[tenshi28]

Sorry about that, I wasn't aware that recommending law firms was against the rules.

We´ve been together for almost two years now, that´s why we are considering this option. The main issue here -and that´s why I would want to speak with someone knowledgeable- is the question of having lived together. We lived together for only six months, the rest of the time we´ve been on a long distance relationship. But of course, if we could live together I wouldn´t be seeking a visa for her in the first place (I am a EU national, she is from Honduras, living in Mexico). This is common sense but I am just not sure what the precedents for this kind of relationships are, and we if we have a good chance or not.

Also, what kind of proof is accepted/recommended to demonstrate the relationship is legit? is it as simple as obtaining skype logs, whatsapp, pictures together and such? somehow I feel it´s probably much more complicated than that, and this is why I am seeking advice from people who are familiar with the actual process, not just what the written rules say.

Thank you all for your help.

[Wanderer]

AIUI, any EU directive is not supposed to put local citizens at a disadvantage, in UK law 24 months is set in stone, and in the absence of any EU guideline, it would be unfair on local citizens if EU citizens could bypass said rule.

Did I dream it?

[Casa]

Not good news unfortunately. In order to qualify for an Unmarried Partner visa you would have to show documented evidence of a minimum 2 years co-habitation in a relationship 'akin to marriage'. A period of a few months living together and a long distance relationship won't be sufficient.

Edit: see my next post re EU nationals.

[Casa]

AIUI, any EU directive is not supposed to put local citizens at a disadvantage, in UK law 24 months is set in stone, and in the absence of any EU guideline, it would be unfair on local citizens if EU citizens could bypass said rule.

Did I dream it?

You were dreaming.
UK rules = 2 years co-habitation (as you rightly say 'set in stone) as unmarried partners.
EU rules = questionable 2 years co-habitation (although Home Office may argue this and anything less may have to go to appeal) in a durable relationship.

I missed the fact that the OP is an EU national. However, even with the slightly more flexible interpretation of the EU rules, 6 months co-habitation won't be close to qualifying as a 'durable relationship' as far as the Home Office are concerned.

[Obie]

Tenshi28 are you residing in the UK, and if so, for how long?

During the period of your residence in the UK? Have you been in exercising EU treaty rights all through?

Are you planning on getting married to this lady?

Have you got joint financial commitment? Do you provide her with regular financial support? So as to demonstrate continued link.

[Wanderer]

AIUI, any EU directive is not supposed to put local citizens at a disadvantage, in UK law 24 months is set in stone, and in the absence of any EU guideline, it would be unfair on local citizens if EU citizens could bypass said rule.

Did I dream it?

You were dreaming.
UK rules = 2 years co-habitation (as you rightly say 'set in stone) as unmarried partners.
EU rules = questionable 2 years co-habitation (although Home Office may argue this and anything less may have to go to appeal) in a durable relationship.

I missed the fact that the OP is an EU national. However, even with the slightly more flexible interpretation of the EU rules, 6 months co-habitation won't be close to qualifying as a 'durable relationship' as far as the Home Office are concerned.

I remember c2006 my partner and I seriously looked into relocating to Germany (as she is a German translator) but we couldn't as unmarried partners since under German local law citizens could not bring their unmarried partners to Germany, therefore neither could EU citizens since local citizens were then put at a disadvantage.

I'm not googling now though, got MIL here from Russia on visit visa and she wants to go to York.....

[tenshi28]

Tenshi28 are you residing in the UK, and if so, for how long?

During the period of your residence in the UK? Have you been in exercising EU treaty rights all through?

Are you planning on getting married to this lady?

Have you got joint financial commitment? Do you provide her with regular financial support? So as to demonstrate continued link.

I have been residing in the UK for about 6 months, I am not sure what do you mean by "exercising EU treaty rights".

As for getting married, it´s not settled but it´s certainly a likely possibility down the road. I am not, however, comfortable with the idea of getting married just so she can come here, thus why I am exploring the possibility of the unmarried visa.

We do not have joint financial commitments, but if this is something that would strengthen our case, then we could look into that.

As to the "six months living together is not enough", are you guys absolutely certain about that? I mean, do having a relationship while not cohabiting, even if it lasts for years, count for absolutely nothing? I am pretty sure I remember reading some case in this very forum where a couple with a similar story finally got their visa granted after appealing. I just need to make sure, that´s all, I can´t base a decision like this solely on opinions, I am sure you understand.

Thanks again all for your help.

[noajthan]

On the '6 months' question, suggest reading this again:
http://www.immigrationboards.com/genera ... l#p1257690

An unmarried durable relationship akin to marriage (which HO will be looking for your proof of) definitely involves joint financial commitments. And not from now but back into the past.
(Relationships in HO & UK immigration terms are quite clinical & unromantic affairs).

Treaty rights essentially means what do you do in UK (in terms of economic activity).

After the initial 3 months grace period in UK, EEA nationals are expected to be exercising treaty rights in one or other category of qualified person.
More on all that here:
http://www.airecentre.org/data/files/EE ... r_2013.pdf

[Casa]

Without posting links to the relevant UKVI information (which you've asked not to be given), all you can be given here is opinions. These opinions however are based on knowledge of how the Home Office view UPV (or durable relationship) applications.
You should appreciate that there is no 'girlfriend/boyfriend' visa or EU permit. Originally under UK rules unmarried partner visas were issued to couples who were unable to divorce from their former spouses due to their national laws, but were living together as man and wife. This concession was later granted for all unmarried couples providing they could show documented evidence that they were co-habiting in a relationship 'akin to marriage' for a minimum of 2 years. Evidence would include joint accommodation, shared finances etc. As Obie has touched on, the EU rules aren't quite as clear cut and after a court appeal (often lengthy) the case for a relationship which is less than 2 years may be successful. The Home Office however doesn't give in easily on this.
6 months co-habitation however followed by a long-distance relationship, with no shared finances or financial support from one to the other, appears to be some way off from meeting the conditions.

[tenshi28]

Thank you, that doesn't sound very encouraging at all.

You think that perhaps establishing joint financial commitments from now on, for say, the next year would make a difference? I know I am reaching but I am trying to see if there's anything we can do.I am willing to wait if it would make the difference between acceptance and rejection, but there's no point in doing so if that won't help at all.

As for exercising treaty rights, yes I am working here and making more than the minimum specified to ask for this kind of visa, we wouldn't be needing any public assistance so that part at least is covered.

Mental note: just date someone who is closer next time.

[Obie]

6 months dating on its own is not sufficient to demonstrate durable relationship, and neither is there an hard and fast 2 years rule, and neither is their a strict requirement for permanent cohabition.

A person may be in a durable relationship even if they dont live together, which could be due to religious or other reasons like employment, visa restrictions.

[Casa]

6 months dating on its own is not sufficient to demonstrate durable relationship, and neither is there an hard and fast 2 years rule, and neither is their a strict requirement for permanent cohabition.

A person may be in a durable relationship even if they dont live together, which could be due to religious or other reasons like employment, visa restrictions.

Just for clarity, Obie is referring to the EU rules on a durable relationship. Obie, would you agree that the Home Office will challenge this interpretation by letting an application go to appeal?

[tenshi28]

Just for clarity, Obie is referring to the EU rules on a durable relationship. Obie, would you agree that the Home Office will challenge this interpretation by letting an application go to appeal?

Are appeals generally successful? not at all?

[Obie]

Just for clarity, Obie is referring to the EU rules on a durable relationship. Obie, would you agree that the Home Office will challenge this interpretation by letting an application go to appeal?

Are appeals generally successful? not at all?

Yes they are, in circumstances where notwithstanding the fact that a relationship has not lasted for 2 years, it can nevertheless be reasonably described as Durable.

[vinny]

Obie, one question. In Article 3:

(b) the partner with whom the Union citizen has a durable relationship, duly attested.

How is "duly attested" defined? What does it mean?

[Obie]

Well i think duly attested mean, the person asserting that he or she is in a Durable Relationship with the union citizen should provide sufficient evidence to substantiate their claim that they are in a durable relationship.

If there is fast and hard rule of 2 years, a person may encounter difficulty providing evidence to attest the existence of their durable relationship.

[Casa]

Well i think duly attested mean, the person asserting that he or she is in a Durable Relationship with the union citizen should provide sufficient evidence to substantiate their claim that they are in a durable relationship.

If there is fast and hard rule of 2 years, a person may encounter difficulty providing evidence to attest the existence of their durable relationship.

Obie, I'm not sure about this. 'Self' attested in where the person concerns signs to confirm authenticity. My understanding is that 'Duly' attested is signed by a person legally authorised to do so. (for example solicitor, notary public or a clerk of the court). It appears to be commonly used by certain countries, including India and Pakistan and the UAE.
On the other hand, your interpretation seems logical.

[Obie]

Hi Casa

Well the answer i gave, was in the context of the question vinny asked me.

I agree with you that in English , attest has several synomyms . It could be what you said, which is to formally certify, it could be to evidence the existence of something asserted , or to confirm that a particular state of prevail, via appropriate means.

I am not sure my statement in the contest of vinny's question , contradicts you.

Then again i may be terribly wrong.

[tenshi28]

Hi everyone,

I was wondering if anyone here could recommend a good lawyer in London for a consultation that won't cost an arm and a leg (this would be for a residence permit for my wife who is here on a EEA family permit visa).

As reference, I asked for a consultation at a couple of firms that were recommended by friends and they quoted me at almost 400 pounds for a consultation, which seems pretty steep. That being said, I don't mind paying for good, experienced advice, that's why any recommendation would be appreciated.

Thanks a lot.

[CR001]

You were advised in 2015 when you asked for recommendations that this is not permitted on the forum. The rules are still the same.

general-uk-immigration-forum/recommende ... l#p1257580

You could post your questions in the EEA Route sub forum, link below, for advice. A RC app is not that complicated if you are a qualifying person exercising treaty rights.

eea-route-applications/