Switching from 5yr visa to spouse visa?

[Woldul]

Hello, I’m hoping that someone can answer a question for me with regard to my fiancé who is married to an EU national and is in the UK on a marriage visa (she is Brazilian national). She is currently in the progress of divorce and my question is once the divorce is finalised will she need to leave the UK immediately – our plan is to get married once her divorce comes though – will she be able to remain in the UK long enough for us to sort this out? This would be our Plan A and I understand that she would still need to leave after marriage to sort out the marriage visa in Brazil, our Plan B is to get married in Brazil and then return here and our Plan C is for her to leave and return on the fiancé visa Thanks

[Woldul]

Looking for some advice/guidance, have been to see lawyer who has quoted £1000 to help us with the FLR(M) form – it’s quite a long form but I’m wondering, is it that difficult to do it all yourself and what exactly am I getting for my grand?

We tick all the boxes, income, English language proficiency of my partner, cohabiting in relationship akin to marriage for over two years etc etc. Only complication is that my partner is currently in UK on a marriage visa to another person (decree absolute imminent) and (lawyer says) technically should have left UK when they split up – lawyer didn’t see to think this was a massive problem however.

Interested to hear what people think about the situation and paying this lawyer - cheers

[Obie]

Do you have a child with this lady? has she checked if she may be able to retain her right after divorce from the EEA national?

[Woldul]

no child with her but i have a 17yr old daughter from previous relationship - apparently that could be a criteria for the 10yr route (barrier to relocation) - she turns 18 in February. her five year spouse visa expires November 18

[Obie]

no child with her but i have a 17yr old daughter from previous relationship - apparently that could be a criteria for the 10yr route (barrier to relocation) - she turns 18 in February. her five year spouse visa expires November 18

probably you are right with that, but then that is not a FLR(m) application, so i do not know what the lawyer is on about. Furthermore even if you are not divorce, if you have been in a relationship for 2 years, she may qualify.

You will need to demonstrate that a genuine and subsisting parental relationship exist between you and the 17 years old.

[Woldul]

10yr route is a plan b and we are first of all trying the 5yr route, question really was 'Do I need to pay a lawyer for this? or is it reasonable just to fill out the forms myself?' Plan c is get married in Brazil - we'll get there in the end!

[Woldul]

Hi all,

currently preparing for an application for my partner to get a 5yr visa however am concerned over my lack of original documentation proving my address – we have been cohabiting for in excess of 2yrs but I never keep any documents, choosing instead to scan and shred (I have stacks of scanned documents but is seems that this will not do?). Furthermore I am provided with accommodation as part of my job so do not have mortgage or any utility documents, they even give me a phone so no bill for that either!

I’m starting to think that, even though we meet all the criteria, our application could fail on my ability to produce original copies – wonder if anyone has any advice.

Thanks

[bathanza]

Whatever documentation you have that can be ordered from the original company, please do order it as the Home Office do expect original documentation. E.G bank statements, get them printed then stamped by your bank, payslips by your employer etc. Cohabitation is tough as everything is electronic but councils, utility bills do provide them on request.

If this is an impossibility, you MUST explain why you cannot provide originals in your cover letter.

Out of interest, what cohabitation documents do you have for the last 2 years?


**SIDE NOTE**
The funniest thing is, there will be a new system implemented soon (From Oct 2018) whereby you apply online and upload documentation (copies right?) yet, the demand for original is there when you need to send or go for biometrics.

[Woldul]

Thanks for your reply, interesting to hear about the new online process and being able to submit electronic copies (seems like a bit of a nonsense them insisting on originals but I guess you have to work within whatever the rules are).

I’ve managed to cobble together some old letters (mainly to do with car insurance and my pension provider) and have asked my bank to send me some statements. My partner has been keeping correspondences for last couple of years - we don’t have any correspondences in joint names so will have to use the 6+6 items in separate names but with the same address.

We intend on using the premium service as there is quite a tight timeline for us – her current visa runs out in November and her decree absolute will not come through till October (so no time for us to get married which was our Plan A).

[CR001]

Topics Merged (click)

[CR001]

You state that your partner is divorcing an EU national and that she is here on a 'marriage visa'. Can you clarify please what EU nationality does her ex hold and what 'marriage visa' does she hold? Residence cards under the EEA/EU rules are NOT 'visas' and come under a completely different set of rules to the 'marriage visas'.

You should be aware that the Unmarried Partner visa comes under a great deal of scrutiny and the rock solid evidence of two years cohabitation and joint commitments 'in a relationship akin to marriage' is mandatory and not negotiable and the one point that many of these Unmarried Partner Visas fail.

[Woldul]

Hi CR001,

Thanks very much for your response – all information is good information.

The visa says ‘Residence Card of a Family Member of an EEA National Remarks Employment and Business Activities Allowed’ – I had just assumed this was marriage visa (I’m on a steep learning curve!) – her ex is Italian national – does all this make any difference?

I am hopeful we can prove we are 'in a relationship akin to marriage’ but if this fails we will do Plan B, go and get married in Brazil – we will get there in the end but am mindful of the cost of an unsuccessful FLR M application and, if highly likely to fail, will seriously consider aborting and going Plan B.

[CR001]

The visa says ‘Residence Card of a Family Member of an EEA National Remarks Employment and Business Activities Allowed’ – I had just assumed this was marriage visa (I’m on a steep learning curve!) – her ex is Italian national – does all this make any difference?

Her rights under the EU rules remain in tact until the date her decree absolute is granted by the courts. Nothing changes in this respect until she is officially divorced, so your 'solicitor' is wrong in stating she should have left when they split.

How long has she been in the UK under the EEA/EU route??

Where is her ex now?

If in the UK, what is he doing, i.e. working, studying etc??

[Woldul]

Thanks – that’s some encouraging news

November 18 will be five years – the ex now lives in Germany, having left her alone in UK quite some time ago!

[CR001]

Then her rights to reside in the UK ceased on the date he left the UK. It might cause an issue and she most certainly won't be able to apply for retained rights of residence or PR under the era route as he is no longer a qualified person within the UK.

[Woldul]

Ahh, not so encouraging then – this is why we are applying as a couple in our own right

[Woldul]

My partner and I are a year into the five year route to settlement. Our plan has always to get married but at the time of application it seemed easier to go for the 5yr route on the basis of us being partners.

I’m hoping to get some clarification on what I should do in order for us to get married in the UK. I’m the British National, my partner is Brazilian.

Thanks in advance for any replies

[Casa]

As your partner is a foreign national, you will have to give notice to marry at a Home Office designated Registry Office.

[Woldul]

thanks for reply - would she need to change her visa for us to get married?

[Casa]

thanks for reply - would she need to change her visa for us to get married?

Not change needed.

[Woldul]

Hi all, looking for some advice

My current situation is:

• I am in a relationship with Brazilian national who has been in UK for over 10 years
• My partner has leave to remain on the 5yr route to settlement - this was granted November 2018 - Family life as the partner of a person present and settled in the UK (5 year route)

It has always been our intention to get married but the reason we went for the 5yr route to settlement as opposed to spouse visa was that time was running out on us and her previous visa was about to expire – getting married would have taken too long.

My question is basically can she switch to a spouse visa without having to start on a 5yr route again – we want to get married but not if it will delay the date on which she would get indefinite leave to remain.

I’m looking for advice /information about the above - thanks very much in advance.

[vinny]

Topics Merged (click)

[vinny]

If she is under the unmarried partners route with you, then there is no change in route after you get married to each other. Both are considered as the partner route under GEN.1.2.