complicated UK/US/Canadian unmarried parter & spousal vi

[abnyc16]

Hello everyone I'll try to make this as clear and short as possible.

My UK citizen fiance and I are in our 30's make a good living and have been together about 2 years living in US (he has a work visa and I am a US citizen).

We are planning on getting married this fall in the US and then living in UK perm sometime in early 2013.

I am pretty clear on what I have to do to apply for a spousal visa in the UK and don't think I should have a problem.

What I do have questions about is a possible (hopefully not) complication.
Before moving to the US my boyfriend lived with an exgirlfriend in the UK who was Canadian for 5 years. Her student Visa ran out after 4 years and they applied for and received an unmarried partner visa. They subsequently broke up a few months later and she returned to Canada.

They are not on speaking terms so I wanted to ask for advice here first -- will this impact my ability to get approved for a spousal visa with him? Does the previous unmarried partner visa just expire after a time or will they both have to prove they are no longer living together?

The flat they lived in is owned by my finance (and we would probably live there first on moving to UK) and he has been subletting it out while he's been working in the US.

any info would be great. thanks!

[republique]

Hello everyone I'll try to make this as clear and short as possible.

My UK citizen fiance and I are in our 30's make a good living and have been together about 2 years living in US (he has a work visa and I am a US citizen).

We are planning on getting married this fall in the US and then living in UK perm sometime in early 2013.

I am pretty clear on what I have to do to apply for a spousal visa in the UK and don't think I should have a problem.

What I do have questions about is a possible (hopefully not) complication.
Before moving to the US my boyfriend lived with an exgirlfriend in the UK who was Canadian for 5 years. Her student Visa ran out after 4 years and they applied for and received an unmarried partner visa. They subsequently broke up a few months later and she returned to Canada.

They are not on speaking terms so I wanted to ask for advice here first -- will this impact my ability to get approved for a spousal visa with him? Does the previous unmarried partner visa just expire after a time or will they both have to prove they are no longer living together?

The flat they lived in is owned by my finance (and we would probably live there first on moving to UK) and he has been subletting it out while he's been working in the US.

any info would be great. thanks!

You are getting married.

[harv]

- Your Fiance although have not married his ex girlfriend, he should have told the home office about the breakup (I am not sure if this is actually a requirement though)

- You partner and his ex girlfriend owns/mortgaged a house in the UK - thus the deeds of the house will have the both names

- He is sub letting the house - has he got a consent to let from the mortgage provider of the house is mortgaged?


So, one problem is that when applying for a VISA you will need to show that adequate accommodation is available. If the property is owned/mortgaged by your partner and his ex, they need to provide a signed letter to confirm there is no objection. The thing is that your partner is also named on the house deeds so maybe his signature would be good enough.

Other things you need to keep in mind in order to get the VISA is Finances. You and/or your partner needs to prove that you meet the minimum salary requirements for the VISA category in the UK. So a job in the UK will be required as well.

Hopefully some experienced members on the board will be able to give you better relevant information.

[anniecc]

You don't mention how long ago it was that your partner sponsored his ex for the unmarried partner visa. If it was a number of years ago I think it will be less of an issue. If you've been living together in the US and can provide evidence of that it will also help.

As part of the application for the spouse visa your partner should write a letter explaining the situation - he should mention the previous partner visa, state that the relationship has permanently broken down and his ex returned to Canada, and the date that that happened. If he can provide any evidence to confirm the timing (e.g. showing that her name was taken off a previously joint bill or bank account) you could include that as well. Technically your partner should have informed the UKBA at the time of the relationship breakdown, but not much you can do about that now.

The most important thing will be to provide evidence that your existing relationship is genuine and strong.

[abnyc16]

he owns the apartment solely, it's not in her name.
This all happened in 2009, they broke up soon after and she returned to canada.

He will have a job returning to the UK that will satisfy the income requirement and I have ample savings and will most likely have freelance work once I have a visa.

Also the subleaser will be out of the flat before we move back so we'll have a place to stay.