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  • Patrik
    started a topic Referred to Lawyer Hi again

    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

  • Site Admin
    replied
    Originally posted by Patrik View Post

    Thanks for Congratulation.I had sent PM to TariqN,just awaiting answer.Thank you
    Afternoon,

    You can also email him directly to his work email: info@acsvisas.com

    Leave a comment:


  • Patrik
    replied
    Originally posted by Site Admin View Post

    Evening,

    Congratulations on your wedding!

    If you look at what our lawyer wrote above, what he said is that the Home Office DID NOT extend the Covid provisions to those who couldn't get married due to lockdowns, so I'm afraid you will find nothing in them, if that's the link you are after. I sent an email to them asking very specifically about this situation and they just gave me the runaround with the criteria for durable partners without addressing the issue of weddings cancelled due to lockdown at all.

    As he says above, he will be relying on some other arguments often used by the Home Office, but it's not certain whether the approach will work. Feel free to contact him if you want him to help with your case, you will find his details linked to from his signature: Tariq N - UKCEN Citizenship and Residence for European Nationals and their families
    Thanks for Congratulation.I had sent PM to TariqN,just awaiting answer.Thank you

    Leave a comment:


  • Site Admin
    replied
    Originally posted by Patrik View Post
    Hi all
    We are married already..I have also confirmation document from mayor’s office which sais we had an appointment last year to bring documents and make an appointment for wedding but we couldn’t come because of Covid 19 travel restrictions.If no COVID-19 we would be married it time before deadline and she would come to live to UK with no problem.Where to apply after deadline using documents approved it is not our fault but Covid restrictions?May home office will accept it.I must try it.Please can you send me link to try it please?
    Evening,

    Congratulations on your wedding!

    If you look at what our lawyer wrote above, what he said is that the Home Office DID NOT extend the Covid provisions to those who couldn't get married due to lockdowns, so I'm afraid you will find nothing in them, if that's the link you are after. I sent an email to them asking very specifically about this situation and they just gave me the runaround with the criteria for durable partners without addressing the issue of weddings cancelled due to lockdown at all.

    As he says above, he will be relying on some other arguments often used by the Home Office, but it's not certain whether the approach will work. Feel free to contact him if you want him to help with your case, you will find his details linked to from his signature: Tariq N - UKCEN Citizenship and Residence for European Nationals and their families

    Leave a comment:


  • Patrik
    replied
    Hi all
    We are married already..I have also confirmation document from mayor’s office which sais we had an appointment last year to bring documents and make an appointment for wedding but we couldn’t come because of Covid 19 travel restrictions.If no COVID-19 we would be married it time before deadline and she would come to live to UK with no problem.Where to apply after deadline using documents approved it is not our fault but Covid restrictions?May home office will accept it.I must try it.Please can you send me link to try it please?

    Leave a comment:


  • Tariq N
    replied
    One person has come to me so far who has been refused and we have lodged an appeal. After 3 months the Tribunal has finally acknowledged receipt! Progress will be painfully slow.

    I have another 3 applications which are outstanding with the HO and I fear they will be refused simply because the Govt did not extend the Covid concession to these people. I shall argue as strongly as I can, but it will be difficult since the law does not have the flexibility. I shall be relying on people's best attempts to get married last year and the "flexible and pragmatic approach" which the caseworkers are supposed to apply.

    As ClaudLatina has stated abov, the solution may well be under the arduous Appendix FM of the Immigration Rules. I have also advised my clients to be prepared to leave the country and make an entry clearance application with their EEA partner in UK meeting the usual income requirements etc. It's not a popular decision/advice since people fear they may not return at all, although I think they are wrong. This has to be a backstop, unless someone is willing to go for a judicial review which is expensive and may still not yield te desired results.

    Leave a comment:


  • Site Admin
    replied
    Originally posted by Patrik View Post

    It’s big different between 1)to apply before arrival but as married in Slovakia (which is our plan in next week because we are currently in Slovakia together as I have a holiday) 2)to get married in UK after apply as can be see above?
    As you will have seen, there's the option to do it either way. If you marry in Slovakia, your spouse can then apply for the spousal visa from Slovakia as a spouse rather than a fiance, providing the marriage certificate.

    Originally posted by Patrik View Post
    We can also approve our existing relationship no with common bills,accounts or living together but we have many common pictures in UK as she visited me few times and also in Slovakia.She is using UK top up EE card and home office can check we have really high number of phone calls every day (hours a day)for years,we have people who can approve knowledge about our relationship including her daughter.Can this be used as approving our existing relationship?Who to send those evidence to?
    When she makes the application, she will have to provide evidence of how the relationship was built up, as noted here: UK family visas - spouses and partners (spousal visa route) - UKCEN Citizenship and Residence for European Nationals and their families

    She will then have to provide that evidence with the rest of supporting documents. Visa applications made outside the UK are handled by either VFS or TLS, I believe TLS handles most applications made in Europe, so the documents will need to be provided via their systems, instructions will be provided when you make the application.

    Leave a comment:


  • Patrik
    replied
    We can also approve our existing relationship no with common bills,accounts or living together but we have many common pictures in UK as she visited me few times and also in Slovakia.She is using UK top up EE card and home office can check we have really high number of phone calls every day (hours a day)for years,we have people who can approve knowledge about our relationship including her daughter.Can this be used as approving our existing relationship?Who to send those evidence to?

    Leave a comment:


  • Patrik
    replied
    Originally posted by Site Admin View Post
    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.
    It’s big different between 1)to apply before arrival but as married in Slovakia (which is our plan in next week because we are currently in Slovakia together as I have a holiday) 2)to get married in UK after apply as can be see above?

    Leave a comment:


  • Site Admin
    replied
    In other words, family reunion in the UK really stinks, these provisions have been in place since 2012 (thanks Theresa May! ) They are the worst part of the UK immigration system and something I very strongly disagree with, unfortunately there isn't much that can be done about it. While the skilled worker and refugee routes are currently under review, there are no plans that we are aware of, to even look at the family visas.

    Leave a comment:


  • Site Admin
    replied
    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

    Leave a comment:


  • Site Admin
    replied
    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.

    Leave a comment:


  • Site Admin
    replied
    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.

    Leave a comment:


  • Patrik
    replied
    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

    Leave a comment:


  • Site Admin
    replied
    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?

    Leave a comment:

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