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PRIVATE LIFE VISA HELP! PREGNANT

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé/e | Ancestry

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe, Administrator

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Ljbwell
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PRIVATE LIFE VISA HELP! PREGNANT

Post by Ljbwell » Sat Aug 24, 2019 3:21 pm

I met my partner whilst studying an undergraduate course at university.

My partner is from Namibia and is in the UK on a student visa which expires 10th October. I am a British citizen.

We have been together 2 1/2 years and are expecting a child next month (28th September).

We are in the process of applying for a private life visa as we are not eligible for a partner visa as we have not been LIVING together for 2 years and the child is also not born yet.

I’m currently on Maternity leave and my partner receives money from his family back home (as he has only just graduated from university)

My partner is finding it troublesome to look for work as his visa expires in 6+ weeks
“I will have a visa before expiry” or even for basic work the employer is reluctant to hire him because of the short time period left on his visa.

A work visa could be a solution but doesn’t allow him the flexibility a private life visa would as if he decided to he could study further with no additional application or visa. It is also a lot harder to find a job as his employer would need to sponsor him. Given our timeframe it just doesn’t seem achievable.

It is too risky for us to apply for a visa once the child is born as there is only a short window from birth to his visa expiring.

Hopefully we will obtain the visa a few weeks after our child is born and he can then work full time on the visa to support us.

If we apply for the private life visa there is a section to justify why it is unreasonable for the visa to be rejected. As our baby is not born I’m unsure of what evidence we can provide.
I have my maternity booklet from the hospital which contains my partners info but I will not be able to send it as I will need it between now and birth. I can get a MATB1 but has no proof associate with my partner.
We can potentially get a letter from our university to say we have contacted them regarding help with the visa and our situation. I can’t think of anything else which would be good to provide to support the application.

I do not want to relocate to Namibia because my life is here and I begin my masters September 2020. I am a British citizen and our child will be too. Surely they cannot expect us to leave in order to remain a family if my partners visa is refused.

The application costs £1000+ so as recent graduates we do not have the funds to waste on an application that may be rejected.

Does anyone have any similar experience to this or can offer any advice?

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Casa
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Re: PRIVATE LIFE VISA HELP! PREGNANT

Post by Casa » Sat Aug 24, 2019 3:34 pm

If you read through the information in the link below, you will see the guidance given to Home Office Case Workers on how to make a decision on a private life application.

https://www.gov.uk/government/publicati ... cumstances

You're over-optimistic regarding the timeline of submitting the application and receiving the visa. Applications under private life frequently take up to 12 months or even more for a decision.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

Ljbwell
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Re: PRIVATE LIFE VISA HELP! PREGNANT

Post by Ljbwell » Sat Aug 24, 2019 4:08 pm

Thank you for your reply!

The link you sent does not work.
I was under the impression the approval time is 8weeks?

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Casa
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Re: PRIVATE LIFE VISA HELP! PREGNANT

Post by Casa » Sat Aug 24, 2019 5:36 pm

Ljbwell wrote:
Sat Aug 24, 2019 4:08 pm
Thank you for your reply!

The link you sent does not work.

Try this one:
https://www.gov.uk/government/publicati ... rcumstance

I was under the impression the approval time is 8weeks? Not for an application under private life.
Have read through the FLR(FP) Timeline thread and it will give you an idea of how long applicants have been waiting for a decision.

immigration-for-family-members/flr-fp-f ... 10-20.html

(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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seagul
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Re: PRIVATE LIFE VISA HELP! PREGNANT

Post by seagul » Sat Aug 24, 2019 6:21 pm

If you were married or be able to marry before visa expiry then even can apply spouse visa despite you are on maternity leave but were earning at least £18600 until when maternity leave was started.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

AmazonianX
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Re: PRIVATE LIFE VISA HELP! PREGNANT

Post by AmazonianX » Sat Aug 24, 2019 10:10 pm

seagul wrote:
Sat Aug 24, 2019 6:21 pm
If you were married or be able to marry before visa expiry then even can apply spouse visa despite you are on maternity leave but were earning at least £18600 until when maternity leave was started.
Seagul, can you help with some clarification or information on application when on maternity?

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Re: PRIVATE LIFE VISA HELP! PREGNANT

Post by Happymummy » Sun Aug 25, 2019 2:28 am

Seagul means that if you were married you would apply for spouse Visa which states that you earn min of £18600 per year before you started maternity leave.
For now you can apply under unmarried Partner which is the Flr(Fp).But you have to have been staying together in the same address for min 2 yrs.

AmazonianX wrote:
Sat Aug 24, 2019 10:10 pm
seagul wrote:
Sat Aug 24, 2019 6:21 pm
If you were married or be able to marry before visa expiry then even can apply spouse visa despite you are on maternity leave but were earning at least £18600 until when maternity leave was started.
Seagul, can you help with some clarification or information on application when on maternity?

AmazonianX
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Re: PRIVATE LIFE VISA HELP! PREGNANT

Post by AmazonianX » Sun Aug 25, 2019 2:35 am

[quote=Happymummy post_id=1817640 time=1566700116 user_id=220013]
Seagul means that if you were married you would apply for spouse Visa which states that you earn min of £18600 per year before you started maternity leave.""

Can this application be made anytime within the 52weeks period that the sponsor is on maternity leave?

physicskate
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Re: PRIVATE LIFE VISA HELP! PREGNANT

Post by physicskate » Sun Aug 25, 2019 9:21 am

AmazonianX wrote:
Sun Aug 25, 2019 2:35 am

Can this application be made anytime within the 52weeks period that the sponsor is on maternity leave?
As long as your partner is here legally (not as a visitor. He currently ticks that box) or applying for entry clearance from a country where he holds legal residence (not just visiting).

Ljbwell
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Re: PRIVATE LIFE VISA HELP! PREGNANT

Post by Ljbwell » Sun Aug 25, 2019 9:56 am

seagul wrote:
Sat Aug 24, 2019 6:21 pm
If you were married or be able to marry before visa expiry then even can apply spouse visa despite you are on maternity leave but were earning at least £18600 until when maternity leave was started.
Thanks for your reply!

Unfortunately I was not earning £18,600.
I have recently graduated from university so my maternity leave is from Tutoring work I did alongside my studies.

Ljbwell
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Re: PRIVATE LIFE VISA HELP! PREGNANT

Post by Ljbwell » Sun Aug 25, 2019 9:57 am

Happymummy wrote:
Sun Aug 25, 2019 2:28 am
Seagul means that if you were married you would apply for spouse Visa which states that you earn min of £18600 per year before you started maternity leave.
For now you can apply under unmarried Partner which is the Flr(Fp).But you have to have been staying together in the same address for min 2 yrs.

AmazonianX wrote:
Sat Aug 24, 2019 10:10 pm
seagul wrote:
Sat Aug 24, 2019 6:21 pm
If you were married or be able to marry before visa expiry then even can apply spouse visa despite you are on maternity leave but were earning at least £18600 until when maternity leave was started.
Seagul, can you help with some clarification or information on application when on maternity?

We have only been living together a month as we both have finished university and found a flat together.

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Casa
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Re: PRIVATE LIFE VISA HELP! PREGNANT

Post by Casa » Sun Aug 25, 2019 10:05 am

physicskate wrote:
Sun Aug 25, 2019 9:21 am
AmazonianX wrote:
Sun Aug 25, 2019 2:35 am

Can this application be made anytime within the 52weeks period that the sponsor is on maternity leave?
As long as your partner is here legally (not as a visitor. He currently ticks that box) or applying for entry clearance from a country where he holds legal residence (not just visiting).
Amazonian has caused confusion due to highjacking Ljbwell's thread. :!: :!:
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

Ljbwell
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Re: PRIVATE LIFE VISA HELP! PREGNANT

Post by Ljbwell » Sun Aug 25, 2019 10:20 am

Thank you for the new link.

I was reading the other forum and people have mentioned whether they submit their application via Post or in person.

I did not realise this was possible? I thought applications could only be made online.

Please could you clarify this?
Casa wrote:
Sat Aug 24, 2019 5:36 pm
Ljbwell wrote:
Sat Aug 24, 2019 4:08 pm
Thank you for your reply!

The link you sent does not work.

Try this one:
https://www.gov.uk/government/publicati ... rcumstance

I was under the impression the approval time is 8weeks? Not for an application under private life.
Have read through the FLR(FP) Timeline thread and it will give you an idea of how long applicants have been waiting for a decision.

immigration-for-family-members/flr-fp-f ... 10-20.html


AmazonianX
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Re: PRIVATE LIFE VISA HELP! PREGNANT

Post by AmazonianX » Sun Aug 25, 2019 10:39 am

Casa wrote:
Sun Aug 25, 2019 10:05 am
physicskate wrote:
Sun Aug 25, 2019 9:21 am
AmazonianX wrote:
Sun Aug 25, 2019 2:35 am

Can this application be made anytime within the 52weeks period that the sponsor is on maternity leave?
As long as your partner is here legally (not as a visitor. He currently ticks that box) or applying for entry clearance from a country where he holds legal residence (not just visiting).
Amazonian has caused confusion due to highjacking Ljbwell's thread. :!: :!:
Dear Ljbwell, Casa and everyone,

I do apologise profusely, my intention is not to hijack or cause confusion. Twas as soon clicked submitting relosed this.

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Re: PRIVATE LIFE VISA HELP! PREGNANT

Post by bathanza » Sun Aug 25, 2019 10:22 pm

You could get married and apply under a partner route. The partner route does not have the financial requirement but your application will need to show exceptional circumstances as to WHY your partner cannot go back home to seek entry clearance. If it would cause you to be in difficulty at the end of your pregnancy and birth of your child. It is worth looking into. He is here legally so if you prepare a strong case you may just get lucky.

Husband's timeline - overstayer 11 yrs
08/16 - FLR (FP) Partner, refused 02/18, 03/18 - JR permission refused with merit
08/18 - FLR FP (Partner) PSC - Approved
07/20 - FLR FP to FLR M Switch - Approved, 03/23 FLR M Ext Approved.

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seagul
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Re: PRIVATE LIFE VISA HELP! PREGNANT

Post by seagul » Sun Aug 25, 2019 11:10 pm

Ljbwell wrote:
Sun Aug 25, 2019 9:56 am
seagul wrote:
Sat Aug 24, 2019 6:21 pm
If you were married or be able to marry before visa expiry then even can apply spouse visa despite you are on maternity leave but were earning at least £18600 until when maternity leave was started.
Thanks for your reply!

Unfortunately I was not earning £18,600.
I have recently graduated from university so my maternity leave is from Tutoring work I did alongside my studies.
Alternatively, If either of you have 6 months old savings of at least £62500 then it alone can meet the financial requirement.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

Ljbwell
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Re: PRIVATE LIFE VISA HELP! PREGNANT

Post by Ljbwell » Mon Aug 26, 2019 8:11 am

Thanks!

We are only 21 and 22 so it’s a big thing to think about as marriage is not the only option we st the moment.

If we also apply under the partner route we cannot prove we have lived together for 2 years so we’re stuck.

His home country really isn’t bad but it is not ideal for us to all relocate there.

I really don’t want to rely on luck 😭 this visa stuff is so stressful
bathanza wrote:
Sun Aug 25, 2019 10:22 pm
You could get married and apply under a partner route. The partner route does not have the financial requirement but your application will need to show exceptional circumstances as to WHY your partner cannot go back home to seek entry clearance. If it would cause you to be in difficulty at the end of your pregnancy and birth of your child. It is worth looking into. He is here legally so if you prepare a strong case you may just get lucky.

physicskate
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Re: PRIVATE LIFE VISA HELP! PREGNANT

Post by physicskate » Tue Aug 27, 2019 9:43 am

So it appears that he does not qualify as a partner (not married and you haven't been living in a relationship akin to marriage for two years). It also appears he doesn't qualify as a parent until the birth of the child.

The rules are the rules. You have to comply with them in order to be approved and they don't always just fit with your life or what you want... that's just the way it is. It doesn't mean we aren't sympathetic. But we can only give you the run-down of the rules as they stand, not as you want them to be.

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Re: PRIVATE LIFE VISA HELP! PREGNANT

Post by iwolga » Wed Sep 18, 2019 12:43 pm

Ljbwell wrote:
Mon Aug 26, 2019 8:11 am
Thanks!

We are only 21 and 22 so it’s a big thing to think about as marriage is not the only option we st the moment.
bathanza wrote:
Sun Aug 25, 2019 10:22 pm
You could get married and apply under a partner route. The partner route does not have the financial requirement but your application will need to show exceptional circumstances as to WHY your partner cannot go back home to seek entry clearance. If it would cause you to be in difficulty at the end of your pregnancy and birth of your child. It is worth looking into. He is here legally so if you prepare a strong case you may just get lucky.
A child is also a big thing at 21-22 but you seem to be ready for it. Under the circumstances marriage (a genuine one) is the best solution unless, of course you are not sure you want to be with the person

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Re: PRIVATE LIFE VISA HELP! PREGNANT

Post by Jaune08 » Wed Sep 18, 2019 3:55 pm

iwolga wrote:
Wed Sep 18, 2019 12:43 pm
Ljbwell wrote:
Mon Aug 26, 2019 8:11 am
We are only 21 and 22 so it’s a big thing to think about as marriage is not the only option we st the moment.
A child is also a big thing at 21-22 but you seem to be ready for it. Under the circumstances marriage (a genuine one) is the best solution unless, of course you are not sure you want to be with the person
I totally agree with you, iwolga. Ljbwell, to be honest you don’t have other options as you want to believe. From an “immigration point of view”, your case is restricted by three facts: not meeting the financial requirement, you haven’t been living together for two years and you aren’t married. I think that your best shot is getting married and your partner must apply for the FLR partner route (where you don’t have to meet the financial threshold).

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Re: PRIVATE LIFE VISA HELP! PREGNANT

Post by physicskate » Thu Sep 19, 2019 10:15 am

Jaune08 wrote:
Wed Sep 18, 2019 3:55 pm

I totally agree with you, iwolga. Ljbwell, to be honest you don’t have other options as you want to believe. From an “immigration point of view”, your case is restricted by three facts: not meeting the financial requirement, you haven’t been living together for two years and you aren’t married. I think that your best shot is getting married and your partner must apply for the FLR partner route (where you don’t have to meet the financial threshold).
And even then, you would have to prove there are 'insurmountable' obstacles to living outside the UK togethe, not just that you don't want to (as you have previously stated).

You've got yourself into a right ole pickle. Having a baby is HUGE. It will completely change your life to beyond recognsiable from the present. Yound babies are really malleable too, so just because you have a baby together is not necessarily an insurmountable obstacle (even if you were married, because as it stands you have no realistic prospect of him meeting the requirements for a visa, even once the baby is born. Because once the baby is born, he is still your partner and thus you could all move together to his home country, or a third country, for example - and yes, this is how the UKVI think).

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