unmarried partner visa: relationship ended

Hello everyone,

I have entered UK together with my unmarried partner on dependant visa, he was a WP holder. After couple of years relationship ended and he went back to Australia and I remained in the UK working on the dependant visa (I have also set up my own business). Now his visa as well as mine is about to expire (in about 6 months) and we are not together. I never adjusted my status. Can I apply for Indefinate Leave to Remain based on the fact that I have continously living in the UK under my former partner visa, but not living together? I have also considered marriage to my current boyfriend, but hate to rush things... What do you think my chances are that I will get my application approved? If there is no chance, then if I get married, can I adjust my visa to another status?

PS. We are not living together with my current boyfriend so applying as an unmarried partner is not an option.

What should I do? I am so confused...

Many thanks!

Hi, there are a number of issues here. Firstly, should you still be in the UK at all given your ex-boyfriend is no longer in the country? I am not at all sure you should still be here but shall let others comment upon that.

As regards the ILR, I fear it would be totally impossible to go down that route. You are a "mere" dependent and an application for ILR would be made by your ex-boyfriend, and your details also entered upon the application form SET(M). Clearly your boyfriend is not going to make that application, so a knock-on effect of that is that you cannot get your ILR.

What might you do? You have not ruled out marriage to your current boyfriend so let's explore that route. Given the current type of visa that you have you cannot just go along to a Register Office and give Notice of Intention to Marry and then later marry in the UK. You would either need to marry outside the UK, or for marriage in the UK you would need to apply for and obtain a Certificate of Approval for Marriage. And do note that once less than three months are left on your current visa it would be impossible to be successful with such an application. But you have six months left on your current visa. But would an application be refused anyway if made in the very near future? I am not sure but I think that even making the application might be a danger. Why? Because you would be applying to marry someone other than the person whose dependent you are. It would instantly be obvious to the Home Office that your current status is questionable. Hopefully they would just grant the application and issue to Certificate of Approval. An alternative could be that they would deport you!

If you should get the Certificate of Approval and then proceed to marry in the UK, assuming your (then) husband is British or otherwise settled in the UK you could then apply for a spouse visa in the UK. That would be of two year's duration at the end of which you could apply for ILR.

Adjust your status without marrying? What sort of category did you have in mind?

By the way, you are Australian?

Dear John,

thank you very much for your reply. I am actually American and don't really want to go back. Plus I have set up business here, which is making money and taking off quite rapidly. I looked at my passport and it does not say anywhere on my resident permit that this is a dependant visa... Do you think I might apply under some other category on my own now as an owner of business. I have no idea of what do to as we do have contractual obligations with many UK clients. Do you think Home Office might look favorably on the fact that we have obligations to our clients? What generally happens if you are for example married to someone or unmarried partner in my case and relationship broke down? Do I face deportation if they find out that he is no longer here? My current boyfriend is an EU citizen, and quite honestly I am not all that sure I want to marry him. Is there somesort of excemptions that can be made under the category of "abandoned wife or parnter" as I know in the states it is possible to argue that you have entered the relationship with bone fide intentions, but it did not work out. Also in that last resort if I marry him, I would still have to go back to the States to make my application to join my new husband and obtain the entry clearance? Again thank you so much for all your help...

1. When (month, year) did you enter the UK on the UP visa?

2. What (month, year) did your partner depart the UK for Oz?

3. Have you travelled in and out of the UK since 2?

4. If yes to 3 what have you told the Immigration Officer on entry as to your UK residence category?

5. What is the nature of your business - i.e. sector, format (sole proprietor etc), turnover and is it properly documented i.e. registration for VAT etc?

Dear Kalayami,

thank you for your reply:

1. I have entered UK on dependant visa based on unmarried partner provision on January 2002.

2. He left after 1.5 years for a couple of months back, came back for a while and then left permanently after 2.5 years we have been admitted.

3. I am an consultant with properly registered business, always paid taxes etc. so no grey areas there.

My visa is about to expire in January of the next year and I have no clue ... What do you think my best option? Again thanks for your help. Looking forward to your reply.

Sorry I forgot to answer the question # 3:

Yes, I have been travelling outside of the UK, and every time I was coming back I was telling the immigration officer. I live here. I never got asked much really.

I shall respond to your feedback from two aspects:

A. UK immigration rules

1. A Work Permit Visa be it Entry Clearance, Leave to Enter or Leave To Remain issued in respect of a Work Permit approval is only valid when the holder is working for the sponsor. If the employee leaves the sponsor (irrespective of reason0 then they must depart the UK, apply for a new WP visa or change status in the UK where this is feasible. Technically this should be done within 28 days of employment ceasing but would normally take 2-3 months due to HO administrative bureaucracies.

2. A WP dependent visa is only valid when the WP holder’s visa is valid and the relationship continues to subsist.

3. Based on your profile of dates I deduce that your partner was admitted into the UK as a WP holder on or around Jan 2002. He then departed the UK permanently after 2.5 yrs i.e. roughly on or around June 2004.

4. Hence your dependent visa is no longer valid from that date i.e. June 2004 when you became an overstayer and have been so for 1 year.

5. A person who enters the UK on the basis of avoiding the immigration authorities or holding an invalid visa/leave to remain either through deception or misrepresentation (directly or indirectly) is an illegal entrant. You have been admitted on several occasions into the UK on a WP dependent visa that is invalid. A review of the landing cards you submitted at each entry would reveal any responses you gave the IO.

6. You are further in breach of conditions by being economically active without appropriate visa status/ authorisation.

7. You may apply for authorisation/visa to work in the UK in a designated employment/self employment category to include the HSMP. Get some competent legal advice on the available employment based visa categories so you can present a solid application that clearly meets the relevant requirements. With respect this forum IMHO is unlikely to be of further help on this given the relative complexity of some categories (to exclude HSMP).

8. Your option to apply for another UP visa (a concession outside the rules for UP’s of EU nationals) is not feasible since your new relationship has not subsisted for the pre-requisite period as well as for the reason in 9.

9. Any visa application must be made at an overseas British Diplomatic Post in a country of which you are a national or legal long term resident since you do not have valid leave to remain as required by the immigration rules. The Home Office has the power to consider an application outside the rules on the most compassionate of circumstances but for a start I fail to see how you can argue ignorance of your status over such a long period of time. In any case switching in employment based categories has been further restricted to a narrow category of applicants which you do not fit into in the 1st place.

B. EU treaty laws

1. EU law gives family members (EU and non EU) of an EU national exercising treaty rights in the UK a corresponding right of residence.

2. An unmarried partner is not a member of the ‘family’ class - you may not make any EU law based applications until after a marriage.

3. If you go down the marriage route such may not take place in the UK. John’s message explains the COA process…you fail on the grounds of such notifying the HO that your dependent leave is infact not valid.

Summary

1. You are liable to removal from the UK at any time you come to the attention of the immigration authorities to include when/if you make an in-country visa application when it will be the case that your lack of status comes to light.

2. You should arrange your affairs and depart the UK at the earliest opportunity.

3. Return to the UK with the correct visa and run your business as applicable.

I am sorry this may not be the news you wanted to hear.

Thanks for all your answers, I realise now that I am in big trouble and it is time to invest in some professional help. I will keep you posted

totallyconfused,

please - Keep the forum updated on your case. thanx

Good Luck

Definately!!! Thank you all x