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  • Referred to Lawyer Hi again

    Hi everybody.
    Want to say thanks again to admin’s for their help to get my status.For keeping me up because I was stressed.Now I would like to ask for advice.I want to get married my girlfriend and live with her in UK.She is living in Slovakia currently.When it happens what need I do to help her to come and live here with my?Is it possible to apply Settlement status even she didn’t live here before?Can you help please?Thank for all answers

  • #2
    Originally posted by Patrik View Post
    Hi everybody.
    Want to say thanks again to admin’s for their help to get my status.For keeping me up because I was stressed.Now I would like to ask for advice.I want to get married my girlfriend and live with her in UK.She is living in Slovakia currently.When it happens what need I do to help her to come and live here with my?Is it possible to apply Settlement status even she didn’t live here before?Can you help please?Thank for all answers
    Have you had the chance to read the criteria applying to the Settlement Scheme and unmarried partners. Unmarried partners - UKCEN Citizenship and Residence for European Nationals and their families

    Do you meet the criteria?

    I am the Group Founder and also an Admin, please refer to our Admin Team, Roles and ResponsibilitiesIf you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

    Comment


    • #3
      I haven’t live with her yet,she just visited me few times and I visited her also.We planed to get married in October last year but it wasn’t possible due COVID-19 restrictions.I am going to marry her this month in Slovakia.We have plenty of photographs from winter and also summer times,have victims to provide we are in love for years.But no paper documents like common accounts or so.What can I do now?

      Comment


      • #4
        Originally posted by Patrik View Post
        I haven’t live with her yet,she just visited me few times and I visited her also.We planed to get married in October last year but it wasn’t possible due COVID-19 restrictions.I am going to marry her this month in Slovakia.We have plenty of photographs from winter and also summer times,have victims to provide we are in love for years.But no paper documents like common accounts or so.What can I do now?
        Tariq N (lawyer) do you think there is any chance to apply via the settlement scheme if the partners have never lived together? I personally think this is a case in which it is not possible despite the good arguments that those who missed getting married before the deadline were not able to do so because of COVID.
        Would you agree that if the settlement scheme cannot be used in these circumstances the only other alternative is the spousal route? We know the spousal route is more complex and expensive hence if this is the only alternative I would also recommend that you contact an immigration lawyer to help you with the application.

        I am the Group Founder and also an Admin, please refer to our Admin Team, Roles and ResponsibilitiesIf you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

        Comment


        • #5
          Tariq N Thanks for response.I am not sure if I understand well.I will definitely marry her this month,but don’t know how to apply spousal.I have status already,she will be my wife soon.How does work family visa for example?It is maybe way how to get her here with me.Thanks

          Comment


          • #6
            This is the standard partner route under the Immigration Rules. As ClaudLatina has stated this is more complicated and expensive.

            I am the Principal of the Practice ACS Visas and I am a Level 3 Regulated Adviser, authorised by the Office of Immigration Services Commissioner (OISC) to provide advice in both Immigration and Asylum. I am also a volunteer with UKCEN, where I provide one-off advice on a pro-bono basis. This advice should not be considered a substitute for formal legal advice. Please see Tariq N for full details.

            Comment


            • #7
              Originally posted by Tariq N View Post
              This is the standard partner route under the Immigration Rules. As ClaudLatina has stated this is more complicated and expensive.
              Thank you, Tariq. I suspected as much, would you recommend they contact an immigration lawyer like yourself to apply for the partner route?

              I am the Group Founder and also an Admin, please refer to our Admin Team, Roles and ResponsibilitiesIf you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

              Comment


              • #8
                Originally posted by ClaudLatina View Post

                Thank you, Tariq. I suspected as much, would you recommend they contact an immigration lawyer like yourself to apply for the partner route?
                They may want to refer to this new post and see how they feel after reading it: UK family visas - spouses and partners (spousal visa route) - UKCEN Citizenship and Residence for European Nationals and their families

                I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

                Comment


                • #9
                  Hi there
                  Thanks for info,I bet you don’t want to see me how I feel after reading it,I am going to cry.My wife can’t speak English and all we need costs fortune.I hoped she will get chance apply like my partner for settlement status with exception for serious reason which COVID pandemic with its restriction is.If no lockdowns and restrictions,we would get married before 31\12\2020.Now it looks I have to go back to Slovakia because can’t leave my love.It is so sad…Thanks for your help anyway

                  Comment


                  • #10
                    Originally posted by Patrik View Post
                    Hi there
                    Thanks for info,I bet you don’t want to see me how I feel after reading it,I am going to cry.My wife can’t speak English and all we need costs fortune.I hoped she will get chance apply like my partner for settlement status with exception for serious reason which COVID pandemic with its restriction is.If no lockdowns and restrictions,we would get married before 31\12\2020.Now it looks I have to go back to Slovakia because can’t leave my love.It is so sad…Thanks for your help anyway
                    Afternoon,

                    I'm very sorry to hear this, a number of us have been trying to get the Home Office to accept marriages postponed to 2021 due to the pandemic. In fact, I put the issue forward to the Home Office more than once, this was the email I sent back in June:

                    Originally posted by Site admin asked
                    CANCELLED WEDDINGS - A number of people had booked weddings in 2020, couples had obtained permission to marry and even booked the Registry, only for Boris Johnson to suddenly announce a national lockdown in November, during which only deathbed weddings were allowed. The promised relaxation of rules in December was very patchy and, once more, a surprise lockdown was suddenly imposed in certain parts of the country in mid-December, overnight! These events meant a number of people who were due to marry last year were prevented from doing so through no fault of their own, missing the deadline for a relationship to be in place to be eligible as family members under the EUSS. In response to an earlier enquiry to the EUSS team, I just got the options to apply as durable partners, however, this isn’t at all helpful for people from non-Western cultures, where living together and having children outside marriage is still frowned upon, and even a criminal offence in places. A lot of concessions have been put in place for people affected by Covid who simply decided to stay home with their family in another country, yet I see nothing for people unable to formalise their relationship for the same reason. Is there a similar provision for couples marrying in 2021 who can show they had booked their weddings for last year, when lockdowns were arbitrarily imposed without warning?
                    Their response was:

                    Originally posted by Home Office said
                    A: Although evidence of co-habitation is one way of confirming a durable partnership, durable partners who do not live or have children together can provide other evidence of their partnership such as bank statements in joint names, other evidence of joint finances, photographs or other evidence demonstrating their commitment and relationship. This is not an exhaustive list and caseworkers consider the individual circumstances of all applications.
                    This is confirmed in the EU Settlement Scheme caseworker guidance which states:

                    “The applicant is (or for the relevant period was) in a durable relationship with the relevant EEA citizen (or qualifying British citizen or relevant sponsor), with the couple having lived together in a relationship akin to marriage or civil partnership for 2 years or more, unless there is other significant evidence of the durable relationship”

                    If the applicant does not have a relevant document as a durable partner, they can still apply under the EU Settlement Scheme as a joining family member of a relevant sponsor. However, where the applicant was resident in the UK by 31 December 2020 and did not hold a relevant document as the durable partner of a relevant EEA citizen or otherwise have a lawful basis of stay in the UK and Islands for that period, they will need to leave the UK for more than six months to break their period of residence in the UK, apply for an EUSS family permit on the basis of being a durable partner, and then apply to the EUSS upon their return to the UK.

                    Rights for non-EEA nationals granted status under the EUSS are no different, whether they apply as a joining family member of a relevant sponsor, or as a family member of a relevant EEA citizen who was resident in the UK by 31 December 2020.
                    As you will see from the above, they did not address the issue I raised at all!

                    I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

                    Comment


                    • #11
                      Originally posted by ClaudLatina View Post

                      Thank you, Tariq. I suspected as much, would you recommend they contact an immigration lawyer like yourself to apply for the partner route?
                      By the way, Tariq has been trying very hard to raise this issue with the Home Office.

                      Tariq N Would you be able to update us on this? Have you been doing applications for people in these circumstances and appealing those that have been refused?

                      I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

                      Comment


                      • #12
                        Hi thanks for your responses.It is very complicated to understand it all.There I could read but I am not sure if I understand well.It sounds like when my partner comes to UK to stay like visitor for up to 6 months and in this time we will get married in Uk can she stay?Is that correct?Thanks

                        Comment


                        • #13
                          Originally posted by Patrik View Post
                          Hi thanks for your responses.It is very complicated to understand it all.There I could read but I am not sure if I understand well.It sounds like when my partner comes to UK to stay like visitor for up to 6 months and in this time we will get married in Uk can she stay?Is that correct?Thanks
                          Morning,

                          If you look at the official page: Family visas: apply, extend or switch: Apply as a partner or spouse - GOV.UK

                          ...you'll note:
                          If you’re applying as a fiancé, fiancée or proposed civil partner

                          You must prove that:
                          • any previous marriages or civil partnerships have ended
                          • you plan to marry or become civil partners within 6 months of arriving in the UK

                          If your wedding or civil ceremony has been delayed because of COVID-19, you might still be able to request an extension or apply to extend your stay. Read the guidance for UK visa applicants and temporary UK residents.
                          You will not be able to work during your engagement.

                          I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

                          Comment


                          • #14
                            As can be seen above, there's an option to apply as a fiance, in order to get married in the UK within 6 months of arrival, but this application needs to be made before travelling here, rather than entering as a visitor.

                            I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

                            Comment


                            • #15
                              Originally posted by Patrik View Post
                              Hi there
                              Thanks for info,I bet you don’t want to see me how I feel after reading it,I am going to cry. My wife can’t speak English and all we need costs fortune.I hoped she will get chance apply like my partner for settlement status with exception for serious reason which COVID pandemic with its restriction is.If no lockdowns and restrictions,we would get married before 31\12\2020.Now it looks I have to go back to Slovakia because can’t leave my love.It is so sad…Thanks for your help anyway
                              Please note the following:
                              UK family visas - spouses and partners (spousal visa route) - UKCEN Citizenship and Residence for European Nationals and their families

                              ...where you'll note:
                              The language requirement

                              You can satisfy the language requirement in the following ways:
                              • With a degree or academic qualification from a UK university or college;
                              • With a degree or academic qualification that was taught or researched in English outside and a certificate from Ecctis (formerly UK NARIC) to show that your qualification is equivalent to a UK bachelor’s degree or higher and that it was taught in English. There are two kinds of certificate: There are 2 kinds of certificate:
                              • By passing an approved English language test.
                              See: Family visas: apply, extend or switch: Knowledge of English - GOV.UK

                              I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

                              Comment

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