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Relationship breakdown on an Unmarried Partner Visa...

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anita eel
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Relationship breakdown on an Unmarried Partner Visa...

Post by anita eel » Thu Aug 15, 2013 1:49 pm

Hi there,

I am an Australian citizen and moved to England with my British partner of a year and a half on a Tier 5 youth mobility working visa valid 04/11/09 - 04/11/11. After this expired, immigration held my passport for 5 months while processing my new visa. I was eventually issued with an unmarried partner visa 12/04/2012, which will expire 12/04/2012. From here I was hoping to apply for an Indefinite Leave to remain.

However, in August last year, we suddenly and unexpectedly broke up. I moved out of our shared home and tried to start a new life, wondering if we would re-unite after some time. It has been a year now and I know we won't be getting back together so I need to access the reality of my situation.

I have worked hard to build life here and would like to continue to live in England, however I fear I am no longer eligible for the Indefinite Leave to remain, or even to be here at all since my partner and I broke up. I feel very sad about this and hope someone may be able to shed some light as to whether I can apply for anything in order to stay. My visa is due to expire in April next year, by which time I would have lived in England for 4 and a half years...

Many thanks for all your help

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Casa
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Post by Casa » Thu Aug 15, 2013 2:07 pm

Unless you qualify for another category of visa once your current visa expires, unfortunately you'll have to leave.

anita eel
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Post by anita eel » Thu Aug 15, 2013 2:12 pm

Hi Casa,
Yes, that is somewhat apparent. That's why I'm posting to see if anyone knows if there is anything else I can apply under my circumstances or if I can apply for Indefinite Leave to Remain under compassionate/humanitarian grounds?
Thanks

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Casa
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Post by Casa » Thu Aug 15, 2013 3:14 pm

You won't qualify for ILR under humanitarian/compassionate grounds. Have a read through the requirements for work and study visas.

http://www.ukba.homeoffice.gov.uk/visas-immigration/

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Post by Obie » Thu Aug 15, 2013 6:18 pm

I believe returning to Australia might be the only option open to you, unless you qualify under Entrepreneur, or you decide to stay in the UK illegally, with comes with its own drawback.
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Post by Amber » Thu Aug 15, 2013 6:38 pm

Out of curiosity were any of your grandparents born in the UK?
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anita eel
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Post by anita eel » Mon Aug 19, 2013 12:28 am

Hi all,
thank you for your replies. Actually, my stepfather's (since i was 2 years old) mum is british. but he is not my biological father and apparently he never adopted me. is it not inherent that they are your guardian/protector etc when you are that young? is this a route i can go down??
thanks again,
t

newperson
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Post by newperson » Mon Aug 19, 2013 1:25 am

Unless your stepfather formally adopted you, then an Ancestry Visa is not open to you either.

Your only options are:

1) Find another UK/EU/EEA person to have a relationship with
2) Go back to uni for a degree
3) Find an employer to sponsor you
4) Qualify for the entrepreneur/investor/exceptional talent routes based upon your own merits and resources
5) Plumb your family history for ancestors offering you a path to another EU/EEA citizenship

That's all there is, I'm afraid. Humanitarian/compassionate routes are only open to genuine refugees/asylum seekers/victims of domestic violence.

anita eel
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Post by anita eel » Mon Aug 19, 2013 1:32 am

given that i am here on a partner visa, is option 1 that you listed really an option?

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