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Health surcharge for ILR dependent applying from Outside UK

Family member & Ancestry immigration; don't post other immigration categories, please!
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saneej4u
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Health surcharge for ILR dependent applying from Outside UK

Post by saneej4u » Wed Jan 06, 2016 2:06 pm

Hi Experts,

I'm asking behalf of my friend who got ILR 6 months ago via Civil Partner route and valid till 2025.

2 months ago he got married and want to bring his wife as his dependent.He got stumped when he tried to pay for health surcharge online.

The options he selected are,
1: Applying to join somebody (a main applicant) in the UK

2: About the person you are joining in the UK
What is their visa route: Settlement
What is their visa type : Civil partnership

When he selected expiry date, it calculates 1800.

Instead I asked him to select

1: Applying alone , instead of Applying to join somebody (a main applicant) in the UK
2:What is your visa route: Settlement
3: What is your visa type : Wife
Total amount shows is 600.

I don't know whether it's correct or wrong, if anyone have any other suggestion please let me know ASAP.

Kind Regards

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CR001
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Re: Health surcharge for ILR dependent applying from Outside

Post by CR001 » Wed Jan 06, 2016 2:34 pm

1: Applying alone , instead of Applying to join somebody (a main applicant) in the UK
2:What is your visa route: Settlement
3: What is your visa type : Wife
Total amount shows is 600.
This is correct.

But I am concerned about this statement
my friend who got ILR 6 months ago via Civil Partner route and valid till 2025.
2 months ago he got married and want to bring his wife as his dependent.
Can you explain what has happened to the Civil Partner through who he got ILR??
Char (CR001 not Casa)
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saneej4u
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Re: Health surcharge for ILR dependent applying from Outside

Post by saneej4u » Wed Jan 06, 2016 2:43 pm

I asked him same question. To be honest he didn't answer me properly, and he said there is no issue in applying visa for his current wife(again i don't know how, but i see a problem there).

Do you see any problem applying for dependent visa ?

Wanderer
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Re: Health surcharge for ILR dependent applying from Outside

Post by Wanderer » Wed Jan 06, 2016 2:51 pm

saneej4u wrote:I asked him same question. To be honest he didn't answer me properly, and he said there is no issue in applying visa for his current wife(again i don't know how, but i see a problem there).

Do you see any problem applying for dependent visa ?
Definitely!!

It will set the alarms bells off at UKVI for sure. Was the civil partnership dissolved?
An chéad stad eile Stáisiún Uí Chonghaile....

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CR001
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Re: Health surcharge for ILR dependent applying from Outside

Post by CR001 » Wed Jan 06, 2016 2:53 pm

If he is in a registered Civil Partnership, he cannot marry or sponsor a wife. He needs to effectively 'divorce' or 'dissolve' the civil partner before he can remarry.

For clarity, Civil Partnership refers to a same sex union/marriage. So if this is the case, HO might now question his male/female marriage.

If HO suspect the Civil Partnership was a sham relationship for visa purposes, your friend could lose his ILR.
Char (CR001 not Casa)
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saneej4u
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Re: Health surcharge for ILR dependent applying from Outside

Post by saneej4u » Wed Jan 06, 2016 2:53 pm

He is not in the country at the moment.
I'll update once he is back.

saneej4u
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Re: Health surcharge for ILR dependent applying from Outside

Post by saneej4u » Wed Jan 06, 2016 3:04 pm

I whatsApped him, he said it's been already dissolved.

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CR001
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Re: Health surcharge for ILR dependent applying from Outside

Post by CR001 » Wed Jan 06, 2016 3:06 pm

Dissolved before his new marriage and has the evidence to prove it to submit with his spouse visa application?
Char (CR001 not Casa)
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saneej4u
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Re: Health surcharge for ILR dependent applying from Outside

Post by saneej4u » Wed Jan 06, 2016 3:17 pm

He said he has proof, don't know when he dissolved (before/after remarriage).
Do you think he need to submit proof with current dependent application,

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Re: Health surcharge for ILR dependent applying from Outside

Post by CR001 » Wed Jan 06, 2016 3:26 pm

Yes, he will need to submit proof that 'he is or was free to marry'.

He needs to remember that HO has all his information and immigration history.
Char (CR001 not Casa)
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Wanderer
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Re: Health surcharge for ILR dependent applying from Outside

Post by Wanderer » Wed Jan 06, 2016 3:30 pm

saneej4u wrote:He said he has proof, don't know when he dissolved (before/after remarriage).
Do you think he need to submit proof with current dependent application,
It's not possible, CP dissolution is like divorce, you have to have lived apart for at least two years in which case this person can't have ILR unless gained unlawfully.

Even so ILR, dissolution, marriage in 4 months? That's not going to go unnoticed by the UKVI.

I think your friend better be prepared for a visit from the UK Border Force......
An chéad stad eile Stáisiún Uí Chonghaile....

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Casa
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Re: Health surcharge for ILR dependent applying from Outside

Post by Casa » Wed Jan 06, 2016 3:33 pm

....and as has already been mentioned, if his ILR was obtained through a same-gender Civil Partnership, either this relationship or his recent marriage will come under a great deal of scrutiny. He's likely to either have his ILR revoked, or this spouse visa application refused due to doubts about a genuine relationship. I think your friend may find himself in the doo-doo. :|

Edit: beaten by Wanderer...but I think he'll approve of my last sentence. :wink:
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Re: Health surcharge for ILR dependent applying from Outside

Post by avjones » Fri Jan 08, 2016 2:33 pm

That all sounds incredibly dodgy.

Like the many, many, Pakistani men who "fell in love with Polish woman, got leave as an EU spouse, marriage coincidentally ended just after I got PR, then I just happened to marry my first cousin from back home....." posts with teh EXTRA ADDED BONUS of a change of sexuality and potential bigamy to boot.
I am not, and cannot, offer legal advice to particular people. I can only discuss general areas of immigration law.

People should always consider obtaining professional advice about their own particular circumstances.

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