Partner Visa **Do we qualify for one**

[beckytj]

Hi
I am a UK citizen with two UK born children from my previous marriage to another UK citizen.
I have been in a relationship with someone outside of the EU for 3 years (we have lived together with my two children for the past 2years 8 months).
He is currently on a PSW visa but we have our own limited company. This company was only set up on October 2013 so I dont have any tax returns or anything similar for this company yet.
At the moment I am on a low income as its a new business and claiming working tax and child tax credits. Im hoping in the next year once the business progresses I wont be claiming these and we may then meet the financial requirement for a partner visa.
My Partners PSW visa expires August 2014.
If I apply for Partner visa before this expires without meeting the financial requirement will he automatically be declined and deported.... or is the financial requirement case still in court so would his application be postponed and would he be able to stay in the UK whilst they are waiting for the case to be looked at in the high court?

[Lucapooka]

Deportation is for criminals and undesirables. People with no right to remain in the UK are removed and that is voluntary or involuntary. As a leave to remain application, his salary will also be considered, if you were not aware of that fact. If his application is not approved he will be asked to leave the UK but will have a right of appeal. The appeal will only look at the circumstances at the time of the original application so if you don't have the necessary financials now, appealing later when you do is not going to resolve that. He will not be removed any time soon but, subsequent to a negative appeal, will be without a status until he decides what to do. Seek professional advice on his options.