Unmarried gay couple problems

[MPH80]

No - I meant the first - marry before you apply for tier 1 - the requirement of being a dependant of someone applying for tier 1 is under 319C of section 8:

To qualify for entry clearance or leave to remain as the Partner of a Relevant Points Based System Migrant, an applicant must meet the requirements listed below. If the applicant meets these requirements, entry clearance or leave to remain will be granted. If the applicant does not meet these requirements, the application will be refused.
Requirements:

(a) The applicant must not fall for refusal under the general grounds for refusal, and if applying for leave to remain, must not be an illegal entrant.

(b) The applicant must be the spouse or civil partner, unmarried or same-sex partner of a person who:

(i) has valid leave to enter or remain as a Relevant Points Based System Migrant, or

(ii) is, at the same time, being granted entry clearance or leave to remain as a Relevant Points Based System Migrant.

(c) An applicant who is the unmarried or same-sex partner of a Relevant Points Based System Migrant must also meet the following requirements:

(i) any previous marriage or civil partnership or similar relationship by the applicant or the Relevant Points Based System Migrant with another person must have permanently broken down,

(ii) the applicant and the Relevant Points Based System Migrant must not be so closely related that they would be prohibited from marrying each other in the UK, and

(iii) the applicant and the Relevant Points Based System Migrant must have been living together in a relationship similar to marriage or civil partnership for a period of at least 2 years.

(d) The marriage or civil partnership, or relationship similar to marriage or civil partnership, must be subsisting at the time the application is made.

(e) The applicant and the Relevant Points Based System Migrant must intend to live with the other as their spouse or civil partner, unmarried or same-sex partner throughout the applicants stay in the UK.

(f) The applicant must not intend to stay in the UK beyond any period of leave granted to the Relevant Points Based System Migrant .

(g) Unless the Relevant Points Based System Migrant is a Tier 1 (Investor) Migrant, there must be a sufficient level of funds available to the applicant, as set out in Appendix E.

(h) An applicant who is applying for leave to remain, must have, or have last been granted, leave:

(i) as the Partner of a Relevant Points Based System Migrant,

(ii) as the spouse or civil partner, unmarried or same-sex partner of a person with leave under another category of these Rules who has since been granted, or is, at the same time, being granted leave to remain as a Relevant Points Based System Migrant, or

(iii) in any other category of these Rules, provided the Relevant Points Based System Migrant has, or is being granted, leave to remain as a Tier 5 (Temporary Worker) Migrant in the creative and sporting subcategory on the basis of having met the requirement at paragraph 245ZQ(b)(ii).

(i) If the Relevant Points Based System Migrant is a Tier 4 Migrant, the Tier 4 Migrant must be applying 4 for or have entry clearance or leave to remain for a course of study that is longer than six months.

It doesn't say you have to live together - merely that you have to be married.

Providing Slovenia are ok with you doing a marriage - it should be fine.

You'll need to get your marriage certificate translated and certified into croatian and I'd suggest into english too.

[manuelaux]

No - I meant the first - marry before you apply for tier 1 - the requirement of being a dependant of someone applying for tier 1 is under 319C of section 8:

...

It doesn't say you have to live together - merely that you have to be married.

Providing Slovenia are ok with you doing a marriage - it should be fine.

You'll need to get your marriage certificate translated and certified into croatian and I'd suggest into english too.

Thank you so much! You've realy helped me a lot!

Thanks 1000 times!

[Casa]

More than that I'm afraid...dependent visas are due to rise...not far off £2000 for single application.

[manuelaux]

More than that I'm afraid...dependent visas are due to rise...not far off £2000 for single application.

If you do not have EXACT information it's better that you don't leave post ... Writing something just to write is no good. Because here we talk about law and all information should be EXACT and CORRECT.

New fees could be find here:

http://www.ukba.homeoffice.gov.uk/sitec ... april-2010

[mochyn]

More than that I'm afraid...dependent visas are due to rise...not far off £2000 for single application.

If you do not have EXACT information it's better that you don't leave post ... Writing something just to write is no good. Because here we talk about law and all information should be EXACT and CORRECT.

New fees could be find here:

http://www.ukba.homeoffice.gov.uk/sitec ... april-2010

Unbelievable, you give C*** to a moderator

Either you have a death wish or you are stupid

[Casa]

I'm a forgiving sort of person.
£1680 for dependent visa
£1930 for PEO dependent ILR.

[Wanderer]

Except there's one step missing in the Master Plan!

Only someone with ILR or a BC can apply for a fiancee/civil partner visa, the only visa the OP can apply for his partner in a dependant via for which he does not qualify.

[Wanderer]

No - I meant the first - marry before you apply for tier 1 - the requirement of being a dependant of someone applying for tier 1 is under 319C of section 8:

To qualify for entry clearance or leave to remain as the Partner of a Relevant Points Based System Migrant, an applicant must meet the requirements listed below. If the applicant meets these requirements, entry clearance or leave to remain will be granted. If the applicant does not meet these requirements, the application will be refused.
Requirements:

(a) The applicant must not fall for refusal under the general grounds for refusal, and if applying for leave to remain, must not be an illegal entrant.

(b) The applicant must be the spouse or civil partner, unmarried or same-gender partner of a person who:

(i) has valid leave to enter or remain as a Relevant Points Based System Migrant, or

(ii) is, at the same time, being granted entry clearance or leave to remain as a Relevant Points Based System Migrant.

(c) An applicant who is the unmarried or same-gender partner of a Relevant Points Based System Migrant must also meet the following requirements:

(i) any previous marriage or civil partnership or similar relationship by the applicant or the Relevant Points Based System Migrant with another person must have permanently broken down,

(ii) the applicant and the Relevant Points Based System Migrant must not be so closely related that they would be prohibited from marrying each other in the UK, and

(iii) the applicant and the Relevant Points Based System Migrant must have been living together in a relationship similar to marriage or civil partnership for a period of at least 2 years.

(d) The marriage or civil partnership, or relationship similar to marriage or civil partnership, must be subsisting at the time the application is made.

(e) The applicant and the Relevant Points Based System Migrant must intend to live with the other as their spouse or civil partner, unmarried or same-gender partner throughout the applicants stay in the UK.

(f) The applicant must not intend to stay in the UK beyond any period of leave granted to the Relevant Points Based System Migrant .

(g) Unless the Relevant Points Based System Migrant is a Tier 1 (Investor) Migrant, there must be a sufficient level of funds available to the applicant, as set out in Appendix E.

(h) An applicant who is applying for leave to remain, must have, or have last been granted, leave:

(i) as the Partner of a Relevant Points Based System Migrant,

(ii) as the spouse or civil partner, unmarried or same-gender partner of a person with leave under another category of these Rules who has since been granted, or is, at the same time, being granted leave to remain as a Relevant Points Based System Migrant, or

(iii) in any other category of these Rules, provided the Relevant Points Based System Migrant has, or is being granted, leave to remain as a Tier 5 (Temporary Worker) Migrant in the creative and sporting subcategory on the basis of having met the requirement at paragraph 245ZQ(b)(ii).

(i) If the Relevant Points Based System Migrant is a Tier 4 Migrant, the Tier 4 Migrant must be applying 4 for or have entry clearance or leave to remain for a course of study that is longer than six months.

It doesn't say you have to live together - merely that you have to be married.

Providing Slovenia are ok with you doing a marriage - it should be fine.

You'll need to get your marriage certificate translated and certified into croatian and I'd suggest into english too.

[ElenaW]

manuelaux you're being really rude to people that are trying to genuinely help you. They're giving you truthful non sugar coated answers. It's kind of sad that you're pushing people away and making them reluctant to help you.

[MPH80]

Wanderer - I spotted that too - but it only applies to:

(c) An applicant who is the unmarried or same-gender partner of a Relevant Points Based System Migrant must also meet the following requirements:

And if our OP married in Slovenia - the partner would come under b.

[Wanderer]

Wanderer - I spotted that too - but it only applies to:

(c) An applicant who is the unmarried or same-gender partner of a Relevant Points Based System Migrant must also meet the following requirements:

And if our OP married in Slovenia - the partner would come under b.

It's not on 'or' option tho, only b ii or iii is an 'or' - the rest is all 'and'...

I agree if the OP got a same-genfer marraige abroad it would qualify but there are two things to consider;

1. Most require some cohab or provable whichever country, I'm sure Slovenia won't let to non-EU types just enter and marry. Some residencey requirement mist be fulfilled.

2. Could be construed as an attempt to frustrate the immigration rules.

[manuelaux]

I'm a forgiving sort of person.
£1680 for dependent visa
£1930 for PEO dependent ILR.

Yes, I agree but it's not app to my case.

[manuelaux]

manuelaux you're being really rude to people that are trying to genuinely help you. They're giving you truthful non sugar coated answers. It's kind of sad that you're pushing people away and making them reluctant to help you.

I'm sorry that you find me that way.

[manuelaux]

It's not on 'or' option tho, only b ii or iii is an 'or' - the rest is all 'and'...

I think if we're married we are under (b) / If we're unmarried than we are under (c)

I cannot understand how we can be civil partners, and unmaaride couple in the same time and be under (b) & (c)

I agree if the OP got a same-genfer marraige abroad it would qualify but there are two things to consider;

1. Most require some cohab or provable whichever country, I'm sure Slovenia won't let to non-EU types just enter and marry. Some residencey requirement mist be fulfilled.

Croatia has special agreement so it has many things that easy life as Croatian citiziens can cross EU border with only ID no passport needed... So it's not case like UK.

For me going to Slovenia is like someone takes tube from oxford circus to green park

Eaven it's not problem to come to UK as non-EU citizen and get married eaven if both are non-EU.

So ... I some moments I feel lake I know better than people that answer me here.

[manuelaux]

Unbelievable, you give C*** to a moderator

Either you have a death wish or you are stupid

And this forum is DDR?

[mochyn]

Unbelievable, you give C*** to a moderator

Either you have a death wish or you are stupid

And this forum is DDR?

We have a saying in this country
''don't bite the hand that feeds you''

if you are asking for help do not be rude

[manuelaux]

We have a saying in this country
''don't bite the hand that feeds you''

if you are asking for help do not be rude

I realy don't want to get in discussion with you about this because it would be off topic.

1. Where I've been rude?

2. When is the matter of legal staf you have to go little bit stronger in communication with other. Only that kind of discussion can provide real answers. Talking about low in way "yes maybe you can ... bla, bla ... maybe you cannot ..." has no real and determinated answers. That's the point of legal discussions. Everybody read and find law in their own way, thats why we have legal stuffs, courts, lawyers ... Otherwise we wouldn't have law schools, people who has degree in law ...

I see few people in this Forum and in this topic that talk that way and I like it because that's only and correct way.

This is not Forum to discuss about gardening or flowers ... This is Forum wher we discuss law.

As you can see many people gave me different answers. If there is no discussion what would be the answer? The first reply?

Go discuss or just read. I realy would like to see what do you have to say in this legal issue. Otherwise offtopincing is not polite way of communicating in Forum discussions.

Thank you!

[manuelaux]

Recognition of same-gender unions in Croatia

There has been legal recognition of same-gender couples, which allows for unregistered cohabitation, since 2003. The law on same-gender civil unions grants same-gender partners of at least 3 years the same rights as enjoyed by unmarried cohabiting opposite gender partners (inheritance, financial support).

Sounds like OP is on a sticky wicket.....

Now I've seen this ...

It's truth that there is low as you said.

But, I cannot get any document that can be a proof of that I'm related to my boyfriend.

Whole law you can find here: http://www.zenska-mreza.hr/istospolnezajednice.htm
It's on croatian but id you put it in google translator maybe you'll understand better what it is about.

[Casa]

You would need permission from the Home Office (a Certificate of Approval) to marry as non-EU nationals in the UK.

[mochyn]

Given the complexity of this case maybe the OP would better off talking to a lawyer and paying for the exact information that he wants instead of cherry picking

[Kitty]

Here's the way I see it:

The OP and his partner should arrange to form a recognised civil partnership.

They could do this by applying for marriage visit visas to the UK (and returning to Croata after the ceremony), or they could do it in some other country. They will need to know what the rules for registering partnerships are, and work out whether the civil partnership will be recognised by the UK: See Section 2 Annex H here http://www.ukba.homeoffice.gov.uk/sitec ... schapter8/

The OP can then apply for his Tier 1 visa from Croatia and his partner should apply as his dependant.

I think that MPH80 is right about the requirements of 319C: "spouse or civil partner" and "unmarried or same gender partner" are separate categories. It can't be right that "civil partner" and "same gender partner" are intended to mean the same thing. 319C(c) is an "also" requirement that only applies to an "unmarried or same gender partner".

[Casa]

I agree that the Op would be better to seek legal advice. They can't apply for a 'Visit to Marry' as neither of them are legally resident in the UK (or British)

[Kitty]

Casa, I can see that they can't apply for a fiance/proposed civil partnership visa, but what is the barrier to two Marriage Visit visas (paragraph 56D of the Rules)?

As far as I can see, neither partner has to be settled in that category.

http://www.ukvisas.gov.uk/en/ecg/visita ... nsitvisa13

[Wanderer]

Casa, I can see that they can't apply for a fiance/proposed civil partnership visa, but what is the barrier to two Marriage Visit visas (paragraph 56D of the Rules)?

As far as I can see, neither partner has to be settled in that category.

http://www.ukvisas.gov.uk/en/ecg/visita ... nsitvisa13

Good thinking but I still think there is a six month cohab rule with UK CP - I will check but I'm a bit busy, I think I deleted a load of important data at home!!

[manuelaux]

Thank you all for the answers

BUT, is there a possibility (if I get my Tier1 visa, go tu UK and then my boyfriend and try to do CP) that Immigration Office can tell that we only want to do that to go get him a visa??