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HELP! Can i apply for my partner whilst recieving SMP and not full pay!

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Marriage | Unmarried Partners | Fiancé | Ancestry

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Lealea87
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Posts: 3
Joined: Wed Sep 12, 2018 5:55 am
United Kingdom

HELP! Can i apply for my partner whilst recieving SMP and not full pay!

Post by Lealea87 » Wed Sep 12, 2018 6:50 am

Hi. My partner is currently in the UK on a 6months visitor visa. We have been together for 6 years but are not married yet. We have two children and im currently on maternity leave. At present i am still recieving full pay from work and earn £19,160 a year in my current role. As of December i will be recieving the lower rate of SMP. Originally me and my partner were looking to get married in January coming and send off for a spouse visa straight away (HO are aware we are currently in a relationship) however i was advised during a free consultation that my application would be turned down due to the reduction in my income even though ive still been recieving full pay for 6months of my maternity leave. Has anyone successfully applied for a spouse visa whilst recieving SMP? Another solicitor suggested as my partner has had 5 visitor visas to allow him to overstay in the country even though the visa will expire and apply under the human rights route on the basis of our two children and rights to private life? Im not too sure about this as i would like to avoid being refused a visa as he has never been denied yet? Can anyone give me some advice please. Also does it matter if ive recieved SMP for two or three months before applying for the spouse visa. Thanks

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