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Any assistance re Japanese to Uk

General UK immigration & work permits; don't post job search or family related topics!

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Karen8790
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Posts: 1
Joined: Mon Dec 25, 2017 7:19 am
United Kingdom

Any assistance re Japanese to Uk

Post by Karen8790 » Mon Dec 25, 2017 7:32 am

Hi, aplologies if this is not where I shoukd be posting. My daughter is a Uk citizen and has a Japanese partner. They have known each other for over a year and they have been back and forwards to see each other. She has gone over to Japan on a work visa but things haven't gone to p,an and both she and her partner want to return to the UK. We are prepared to offer him to stay with us. They applied for a fiance visa but have been turned down as they have not lived together long enough. On looking through which visa would be the next best thing, we cannot find one which would allow him to live and work in the UK. I suggested coming over on a 6 month return ticket date and we could try to apply for indef6leave to remain, however, he has to be here for 2 years. My question is, what is the best route to take and how can he be here for 2 years if he has to return within 6 months? Thank you

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Casa
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Posts: 25786
Joined: Wed Jul 23, 2008 3:32 pm
United Kingdom

Re: Any assistance re Japanese to Uk

Post by Casa » Mon Dec 25, 2017 10:59 am

Karen8790 wrote:
Mon Dec 25, 2017 7:32 am
Hi, aplologies if this is not where I shoukd be posting. My daughter is a Uk citizen and has a Japanese partner. They have known each other for over a year and they have been back and forwards to see each other. She has gone over to Japan on a work visa but things haven't gone to p,an and both she and her partner want to return to the UK. We are prepared to offer him to stay with us. They applied for a fiance visa but have been turned down as they have not lived together long enough. On looking through which visa would be the next best thing, we cannot find one which would allow him to live and work in the UK. I suggested coming over on a 6 month return ticket date and we could try to apply for indef6leave to remain, however, he has to be here for 2 years. My question is, what is the best route to take and how can he be here for 2 years if he has to return within 6 months? Thank you
You are confused on a number of issues.
1. A fiance visa doesn't require co-habitation prior to submitting the application. It appears that they may have applied for an Unmarried Partner visa, which has a mandatory condition of a minimum of 2 years living together in a relationship 'akin to marriage'.

2. The fiance visa would enable them to marry in the UK within 6 months and apply for a 2.5 year FLR(M) spouse visa without leaving the UK.

3. However, as the sponsor your daughter would have to show a minimum income in the UK of £18,600 pro.rata for the 6 month period prior to submitting the application.

4. There is no longer a 2 year route to settlement (ILR). It's now 5 years (2.5 +2.5).

5. Having been refused a settlement visa, your daughter's partner is unlikely to be granted a visitor visa due to his prior intention to settle.

Edit: They could of course marry in Japan and once your daughter has met the minimum income level for 6 months in the UK they could submit a Spouse Settlement visa application for her husband to join her.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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