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exygirl
Junior Member
Member # 33
Posted August 29, 2002 03:05 PM
My partner has a British passport, I have an Australian passport. We have been travelling together for about 9 months now, and have known each other about 6 years. We cannot marry because he is still married to someone else in Australia (but is separated and intends to divorce). We want to stay in the Uk for a while and he intends finding work. Can I get some sort of 'spouse' type visa, and if so do I need to apply for this outside the UK> We can't apply for it in Australia because we are currently out of Australia and did not intend going back ther before the UK.
Deleted
Member
Member # 128
Posted August 29, 2002 03:48 PM
There are several types of visas for which you may qualify but most require applying outside the UK. Your best option is to go to an immigration adviser to see what your options are. Check this page.
kiwinyc
Member
Member # 251
Posted September 01, 2002 01:38 PM
you cannot qualify for a 'spouse' visa unless you are actually married. The UK govt does not recognize defacto relationships unless you are a same-sex couple or cannot marry for religious reasons. if you are 27 or under, the easiest thing for you to get would be a working holiday visa, otherwise you do not qualify to stay and work on the basis of your relationship with your partner unless you marry.

PS If for some reason your parnters divorce comes through and you do get married you can apply for spouse entry at a UK embassy nearby in Amsterdam etc (you should check with them first) which would be quicker than trying to apply for a change in status if already in the UK but on a visitors visa at the home office which can be extrememly prolonged).

EuroCitizen
Member
Member # 2023
Posted September 01, 2002 09:53 PM
Dear KiwiNYC,

I told you a while ago that you should not give advise when you aren't sure what you're talking about...here you doing it again and you are completely wrong again:

" On 13 October 1997, the Home Office altered its hitherto unfavourable treatment of ‘common-law’ and homosexual partners; those in a permanent heterosexual or same-sex relationship can now apply for leave to enter or remain on the basis of their relationship. However, this change in policy is generally confined to partners who have been living together for a period of at least two years, and are legally unable to marry in the UK. For example because one of the partners is already married to someone else, or because the partners are of the same sex (same-sex marriages are not officially recognised in the UK). This type of application will be considerably more difficult than a marriage application, as one would need to confirm with as much documentation as possible to length of relationship, and that it is a permanent one. "

Deleted
Member
Member # 128
Posted September 02, 2002 09:27 AM
No need to be rude; everyone can do their best to help out with advice. Current, complete regulations can be found in http://www.ind.homeoffice.gov.uk/default.asp?PageId=1056 .

[ September 02, 2002: Message edited by: Héctor ]

kiwinyc
Member
Member # 251
Posted September 02, 2002 10:46 AM
Dear World citizen:

'A common law partner will not qualify unless they are legally unable to marry. The fact that the couple may choose not to marry is not sufficient to qualify'

I stand by what I said, and ALL that I have said in previous posts, which is bourne by my recent first-hand EXPERIENCE in the last year which is certainly more recent than 1997.

EuroCitizen
Member
Member # 2023
Posted September 02, 2002 11:22 AM
...and are legally unable to marry in the UK. For example because one of the partners is already married to someone else, or because...

They can't legally marry...and the posting clearly indicates so.

kiwinyc
Member
Member # 251
Posted September 02, 2002 01:40 PM
the posting doesn't say they could substantiate a 2 yr de facto relationship either.
EuroCitizen
Member
Member # 2023
Posted September 02, 2002 07:46 PM
that's a different matter...

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