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Unmarried partner visa - sponsor is only separated from previous marriage

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Marriage | Unmarried Partners | Fiancé | Ancestry

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Smashlee
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Posts: 1
Joined: Tue Sep 05, 2017 9:19 pm
Australia

Unmarried partner visa - sponsor is only separated from previous marriage

Post by Smashlee » Tue Sep 05, 2017 10:03 pm

Hi everyone, I'm living & working in the UK on a tier 5 youth mobility visa. My boyfriend & I are both from Australia but he has a British passport so he can stay indefinitely.
I am looking to apply for an unmarried partner visa to extend my stay. We qualify in length of relationship & living together and I dont think we'll have any issues proving this.
The part I am worried about is that my partner has been previously married in Australia and is only separated, not divorced. There is a section that states you must be in an exclusive relationship & any previous marriage must be divorced or dissolved. What is meant by dissolved here? Will it be sufficient that they are separated? (relationship ended 3years ago & not living together for 3years) How do we prove there is no relationship between him and his ex-wife?
My other question which may be cheeky, is if he stated he has not been married, would they check Australian records? He has legitimately ended the relationship (we have been living in the UK together for over a year already) I'm just worried about not being accepted if we can't provide enough proof. Or is living the UK & his statements of when they separated likely to be enough? Thank you! :)

secret.simon
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Posts: 11261
Joined: Thu Feb 21, 2013 9:29 pm

Re: Unmarried partner visa - sponsor is only separated from previous marriage

Post by secret.simon » Tue Sep 05, 2017 11:33 pm

When you say that your partner is separated, is there a judicial order or other proceeding confirming that they have separated? Alternatively, is there a written separation agreement between your partner and his spouse?
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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