Advice for Family life as a partner (10-year route) visa

[Rydb93]

I'm finding it difficult to find information about this route but finding it difficult. My partner and I are planning to book in to see a solicitor before the end of the month but thought it might be a good idea to see if we could get any help on here first.

My partner and I are considering applying for the 'Family life as a partner (10-year route)' visa. I am a British national, and he is a Chinese national. We both recently graduated from studying and I am still seeking graduate work. As a result, I don’t think I would be able to sponsor him via the 5-year route for 6-12 months depending on when and what kind of work I find. I was wondering if you would be able to advise us on the requirements for this route as the Home Office's website only states: "there are serious reasons you and your partner can’t live together as a couple in another country".

We have not yet married but are considering doing so before my partner's student visa's validity expires at the end of January. We are a same-sex couple, so the basis of the application is that gay marriage isn't recognised in China and as a result, I would not be able to apply for a family visa in China to live in China with him. Additionally, I am unable to obtain a legal work visa in China either, as I already attempted this and could not progress as work experience of 2 years in a relevant industry outside of China is required to obtain this visa. Furthermore, it would be incredibly difficult for us both to find and obtain work visa's in countries outside of the UK.

I'm not sure if this reasoning would meet the Home Office's requirement? Does anybody have any similar experiences?

Thank you for your time and help in advance.

[CR001]

Have you and your partner lived together at all?

Do you realise that you have to give 28 notice at an HO designated Registry to marry. As your partner is a foreign national, the registry has to inform HO and this notice period can be extended to 70 days for HO to investigate and interview both of you separately, before you can marry.

FLR(FP) is not the easiest route and is often refused.

[Rydb93]

Thanks for your reply.

Yes, I am aware that we have to give notice. Right now we are just trying to get an idea if it would be possible at all, if not then we will wait until we can meet the financial requirements for the 5-year route. We are also in the process of finding a solicitor who could give us advice.

Preferably, it would be better for my partner if we could do the ten-year route due to a lot of family troubles he is experiencing in China now making it difficult for him to work there whilst waiting to meet the financial requirements.

No, we haven't officially lived together before, which I'm guessing would also negatively influence the application?

[CR001]

No, we haven't officially lived together before, which I'm guessing would also negatively influence the application?

You stand virtually zero chance then if you have not lived together and have no evidence of a 'relationship akin to marriage'.

For FLR(FP), besides the visa application fee, there is also the £500 immigration health surcharge that has to be paid.

[Rydb93]

Yes, I know that. Hence why we are looking to marry before applying.

[CR001]

You don't have a lot of time if the notice period is extended to 70 days with a visa expiring end of Jan.

How long have you been in a relationship?

[Rydb93]

Yes, I can see that but if hypothetically this could be done within the 28 days and we were able to do it before January then would the case have any grounds?

We have been in a relationship for 2 years.

[CR001]

It is still a slim chance even if you manage to get married before the visa expires.

[Rydb93]

Well, thanks for your help. A slim chance is better than impossible - I'm willing to try everything to keep us together.