Spouse visa-wife won't give an annulment

[doonicle]

I am a UK citizen-my partner is Filipino-his wife won't give him an annulment making it difficult for us to marry and apply for a spouse visa.He works on a ship 9 months of the year and I work on the same ship for 4 months but I have been told this time spent together won't count towards 2 years living together needed to apply for an unmarried partner visa.We have been together for 3 years and have plenty of evidence to support this.Any ideas how we can move forward please.

[Mr Rusty]

It's hard to see how anyone can form a credible application for settlement if they will continue to spend 9 months a year at sea. What are his intentions?

As professional crew you and he are probably aware, professional seamen benefit from the provisions of S.8 of the 1971 Immigration Act, which is summarised by this para in IDIs:-

4. CIRCUMSTANCES WHEN A CREW MEMBER MAY ENTER WITHOUT LEAVE
Under Section 8(1) of the Immigration Act 1971, and subject to the exceptions set out in paragraph 4.1. below, a person arriving as a crew member of a ship may enter without leave if he is under engagement to depart on that ship. Such persons may remain until the departure of the vessel.
No stamp or endorsement is required for entry under Section 8(1)- so the seaman just walks ashore on arrival in the UK, and as long as he leaves when the vessel does, he's there perfectly legally.

In practice the cruise ships at the major port where I worked would arrive at 6am and leave at 5pm the same day, so it's not a practical solution to the cohabitation requirement. In any case, I'm not sure whether the 4 months you spend on board would qualify as cohabitation similar to a married couple unless the company allows unmarried partners to share a cabin. If they don't, and if they treat married partners the same way, you might have a case after you've spent another 3 years (i.e. 6x4 = 24months) in the same mode.

Sorry, I don't have much other idea.

[doonicle]

Thanks for the reply-he doesn't intend to continue working on the ship and would hope to get a land-based job so we would have a credible application for settlement however we can't share a cabin as I have semi-passenger status and I am in a pax cabin.married couples onboard can share cabins.So we can't use our time onboard as co-habiting. [quote="Mr Rusty"]It's hard to see how anyone can form a credible application for settlement if they will continue to spend 9 months a year at sea. What are his intentions?

As professional crew you and he are probably aware, professional seamen benefit from the provisions of S.8 of the 1971 Immigration Act, which is summarised by this para in IDIs:-

[i]4. CIRCUMSTANCES WHEN A CREW MEMBER MAY ENTER WITHOUT LEAVE
Under Section 8(1) of the Immigration Act 1971, and subject to the exceptions set out in paragraph 4.1. below, a person arriving as a crew member of a ship may enter without leave if he is under engagement to depart on that ship. Such persons may remain until the departure of the vessel.
No stamp or endorsement is required for entry under Section 8(1)[/i]- so the seaman just walks ashore on arrival in the UK, and as long as he leaves when the vessel does, he's there perfectly legally.

In practice the cruise ships at the major port where I worked would arrive at 6am and leave at 5pm the same day, so it's not a practical solution to the cohabitation requirement. In any case, I'm not sure whether the 4 months you spend on board would qualify as cohabitation similar to a married couple unless the company allows unmarried partners to share a cabin. If they don't, and if they treat married partners the same way, you might have a case after you've spent another 3 years (i.e. 6x4 = 24months) in the same mode.

Sorry, I don't have much other idea.[/quote]

[Mr Rusty]

Sorry, if his wife doesn't relent the only solution is to find somewhere you can live together for a couple of years, which I suspect wouldn't be easy.