General UK immigration & work permits; don't post job search or family related topics!
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nickers76
- Newly Registered
- Posts: 1
- Joined: Mon Mar 31, 2008 9:09 am
Post
by nickers76 » Mon Mar 31, 2008 9:31 am
CURRENT SITUATION
I am Australian and have been living in the uk for 5 years. I am currently in a civil partnership. I have a family EAA visa which means i have to stay married for 5 years before i can apply for permanent leave to remain.
PROBLEM
The civil partnership broke down after 5 months. We have been separated for 2 years. We no longer communicate and are both in new relationships.
If we get divorced before the five years i have 28 days to leave the country.
If we stayed married to the full 5 years i have to prove we were living together for a year after we were married to get permanent leave to remain. I do not have the documents.
OPTIONS
According to legal advice i can divorce my ex partner and go back to australia to apply for a fiance visa and return to the uk and marry my current partner and get a spouse visa.
or alledgedly i can stay married to my ex for a few more years whil living with my current partner and then apply for the unmarried partner visa in australia and come back to the uk.
Question
My lawyer said that my time living with my current partner even though i am married to another counts as part of the two years living together criteria for the unmarried partner visa. He said when you have lived togehter for almost two years you can get divorced from my previous partner and then apply. I thought that you had to divorce before your two years with your new partner can count to get the visa.
Can anyone give me some advice.
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vinny
- Moderator
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- Joined: Tue Sep 25, 2007 8:58 pm
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by vinny » Mon Mar 31, 2008 9:43 am
nickers76 wrote:I thought that you had to divorce before your two years with your new partner can count to get the visa.
13.14 - Unmarried (i.e. opposite sex) and same-sex partners and how they qualify wrote:Previous marriage/civil partnership or similar relationship has permanently broken down
Each of the parties to the unmarried or same-sex partnership is required to provide evidence regarding any previous marital or other relationship akin to marriage/civil partnership they have had. They should be asked to specify how long ago the previous relationship was terminated, either by divorce/dissolved civil partnership or by separation.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given
links for further information. Refer to the source of any quotes.
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sakura
- Diamond Member
- Posts: 1789
- Joined: Sun Feb 25, 2007 9:29 pm
- Location: UK
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by sakura » Mon Mar 31, 2008 1:04 pm
When did you marry, and when did you apply for the EEA permit? Where is your wife (or husband?) from and is (s)he still in the UK?
Are you in a same-sex relationship? As "civil partner" is for same-sex couples in the UK...
