Which visa??

naija2009 · Post by **naija2009** » Mon Jan 05, 2009 7:09 pm

Hey,

I hope someone will be able to offer me some sound advice. I am british and my partner is nigerian. He currently has a student visa which expires at the end of this month and cannot get another as he has now graduated. He was due to apply for his post study visa under tier 1 this week unfortunately he does not meet the financial requirements (Â£800 for 3 months) i spoke to someone at the visa place and was told that he will be refused should he apply. I am now thinking of helping him with a civil partnership application, we don't currently live together, but soon will be. Is this the best option?? If not can anyone suggest which route we should take??

Post by **John** » Mon Jan 05, 2009 7:25 pm

You really have left this terribly late! And quite possibly too late!

Anyway he cannot enter into a Civil Partnership unless he first applies for and gets a Certificate of Approval to register a Civil Partnership ("CoA"). Such applications are currently taking about a month to be dealt with.

Assuming the CoA is issued, it is still necessary for the two of you to go to the Register Office and give notice of intention to register the CP, and then actually register it.

Taking all that into account you will be lucky to register the CP before the end of next month.

But his current visa, you tell us, expires at the end of this month. Ouch!

Options include him going back to Nigeria and applying for a Proposed Civil Partner visa, coming back to the UK, the two of you registering the CP, then him applying in the UK for a CP visa.

Or possibly he could apply for a new visa in the UK to buy some time, knowing full well that the application will get rejected, but at least that application, by post, will keep him "legal" into the month of February. But if thinking of going down this route, do get the application for a CoA in as soon as possible.

we don't currently live together, but soon will be

Just as it is not compulsory for an engaged opposite-sex couple to live together before entering into a marriage, neither is it compulsory for a same-sex couple to live together before registering a CP.

But I am slightly concerned by your words :-

I am now thinking of helping him with a civil partnership application

Would this be a CP equivalent of a marriage of convenience? Or once the CP is registered, would the relationship be real?

naija2009 · Post by **naija2009** » Mon Jan 05, 2009 7:31 pm

Thank you for your speedy reply.

By me saying help him, he really does not want to rely on me to help him get a visa. This really is complicated.

Post by **John** » Mon Jan 05, 2009 7:47 pm

Hi, either the two of you want to enter into a CP ..... or you don't. On this Board I have posted a number of times that no one should get married in order to ease a visa situation. Now, I think for the first time, I say ... no one should enter into a CP in order to ease a visa situation.

Post by **PaperPusher** » Mon Jan 05, 2009 7:49 pm

Hello naija2009

There is another option, that he applies for PSW in Nigeria. There are downsides, the amount maintained is Â£2,800 if you apply from overseas, and it still would have to have been there for 3 months, so he would be away. Perhaps better than rushing into a civil partnership, even if it is still on the cards for the future! You could look at it as an extended holiday.

Other options could be getting an employer to sponsor under Tier 2, or a further student visa (expensive!)

Perhaps Wanderer will share his experiences with this sort of thing.

Regards

naija2009 · Post by **naija2009** » Mon Jan 05, 2009 11:56 pm

Thank you for your replies, if he should proceed with his application, knowing it will be rejected, once he recieves the rejection will he have to leave the UK straight away or will he be given a few days grace, my concern that should he be rejected and can't leave on the date of rejection and perhaps a week or two later will it affect future applications, as obviously we will need to tie things up before he leaves.

Also in regards to the CoA if we should manage to get it before he is rejected obviously we will not have time to register it, will this help if he needs to apply in Nigeria?

I'm sorry if this is a bit muddled, i'm just trying to cover it at all angles.

Your help is much appreciated.

sakura · Post by **sakura** » Tue Jan 06, 2009 8:40 am

naija2009 wrote:Hey,

I hope someone will be able to offer me some sound advice. I am british and my partner is nigerian. He currently has a student visa which expires at the end of this month and cannot get another as he has now graduated. He was due to apply for his post study visa under tier 1 this week unfortunately he does not meet the financial requirements (Â£800 for 3 months) i spoke to someone at the visa place and was told that he will be refused should he apply. I am now thinking of helping him with a civil partnership application, we don't currently live together, but soon will be. Is this the best option?? If not can anyone suggest which route we should take??

Are you in a same-sex relationship? The Civil Partnership is only for same-sex couples. If not, then you are talking about getting married (heterosexual relationship).

I go with John in advising you not to marry just for the sake of obtaining a visa. Plus, with only 1 month left you wouldn't have enough time to obtain a CoA and then apply for a spouse visa anyway (and it might look dodgy if you are applying just as his student visa is expiring). So he'd have to return home...

If he decides to apply for the PSW visa in-country, once he is refused he has, I believe, 28 days to lodge an appeal or to leave the country. (How much time he has to leave the country might depend on whether his current leave has already expired before getting the decision.)

The BIA are not moving on the financial requirement (see the PSW board section for other students being refused based on the financial requirement). How much does he have in the bank (i.e. by how much is he under the requirement)?

The best option is still for him to apply from Nigeria. Yes the financial hurdle is a lot more but if he gets the visa, it would be good for two years and would in no way depend on your relationship.

naija2009 · Post by **naija2009** » Tue Jan 06, 2009 8:45 am

He had Â£800 put in for the beginning of December but has slowly decreased down to Â£150. We are not same gender, i didn't realise the CP was same gender, i'm quite clueless to what is what.

Thank you

Post by **John** » Tue Jan 06, 2009 9:39 am

CP is for same-sex couples! So as already said, you are talking about marriage here, but as already said, no one should ever get married just to ease a visa situation.

1971 · Post by **1971** » Tue Jan 06, 2009 10:52 am

Naija2009,

I will advice that you let him return back to Naija given the time left and let him work towards saving Â£2800 over 3 months. And apply for PSW Visa which will be valid for 2 years. He can then return back to the UK and you guys can get married if you still wish. It's up to you of both if you think you are in a relationship thats worth it. Afterall, you are both adults and must be able to take decisions rightly. Please, advice him not to overstay as this will make his case more complex.

I wish you well.

Cheers
1971.

Post by **Casa** » Tue Jan 06, 2009 10:59 am

I suspect that by Civil Partnership (but not living together) the OP was thinking of applying for an Unmarried Partner Visa.

Post by **John** » Tue Jan 06, 2009 11:16 am

I suspect that by Civil Partnership (but not living together) the OP was thinking of applying for an Unmarried Partner Visa

If that was indeed the case then they need to be aware that in order to get a UPV the couple need to live together for at least 2 years before making that application. So clearly the UPV route is a non-starter.

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Which visa??

Which visa??

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Re: Which visa??