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non-EEA with A8 EEA

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H.S
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Joined: Sat Aug 04, 2007 11:41 am

non-EEA with A8 EEA

Post by H.S » Sat Aug 04, 2007 12:05 pm

Hi,

my case is more complicated than the title seems to be

i'm non EEA, i was living in the UK for nearly two years on spouse visa, my relationship broke down after just 1 year of mariage

3 month after the separation i met my other half, and we have been living together for 6 months now, she is From Poland.


My two years visa due to expire next October. and i'm planning to apply with my girlfreind
My question is :

1) while my divorce is still in process, what can i do me and my gf to be able to apply??

2) i've heard that i can apply with civil partnership, is that true?? what i need to do to be in civil partnership??

please advise me as time running out

Thank to all member of this site. it's very intersting

Rozen
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Post by Rozen » Sat Aug 04, 2007 7:00 pm

1. I'm none too familiar with divorce issues, so I'll leave that for others in the know... But I would think that there isn't much you can do until you get an absolute divorce, as you are still considered married, and there is no way a COA will be approved. In fact, you're on a spouse visa dependant on your wife, so since the marriage is no longer subsisting, you're probably here illegally now...

2. You can discount "civil partnership", as it is for same-sex couples, which I'm assuming you're not :wink:

Don't despair just yet, some-one else might come along with a more positive answer, but it looks bleak to me...

jimquk
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Location: longsight manchester
United Kingdom

Post by jimquk » Sat Aug 04, 2007 10:32 pm

I agree with Rozen.

There's no chance of a CoA being granted in my opinion while you are still married!

For the civil partnership, you have to have been together for two years already. It's not easy to get at the best of times.

Your only chance would be to get some other form of leave, then apply for CoA, then FLR(M). I think the Home Office would tend to look skeptically at any application given the circumstances.

A better option might be to consider getting married in Poland or in your home country, (after your divorce is finalised!) and applying for an EEA family permit to come back with your wife.

Like HS, I have to say wait for someone more experienced to confirm (or rubbish!) what we've said.

Docterror
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Location: Stoke-on-trent, UK
United Kingdom

Post by Docterror » Sun Aug 05, 2007 12:11 am

jimquk wrote:For the civil partnership, you have to have been together for two years already.
What exactly do you mean by that?
Jabi

Wanderer
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Joined: Thu Apr 21, 2005 1:46 pm
Ireland

Post by Wanderer » Sun Aug 05, 2007 12:16 am

Docterror wrote:
jimquk wrote:For the civil partnership, you have to have been together for two years already.
What exactly do you mean by that?
Six months int it for the Civil Partnership?
An chéad stad eile Stáisiún Uí Chonghaile....

Docterror
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Joined: Tue Dec 26, 2006 10:30 pm
Location: Stoke-on-trent, UK
United Kingdom

Post by Docterror » Sun Aug 05, 2007 12:23 am

Wanderer wrote:
Docterror wrote:
jimquk wrote:For the civil partnership, you have to have been together for two years already.
What exactly do you mean by that?
Six months int it for the Civil Partnership?
Again, in simple English...Huh?
Jabi

yankeegirl
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Location: Northern Ireland

Post by yankeegirl » Sun Aug 05, 2007 1:07 am

Civil parntership is for same-sex couples, akin to a spousal visa. I don't think there is any minimum time frame of being together.

Maybe you guys are thinking of the Unmarried Partner visa? That one does need proof of 2 years co-habitation.

Wanderer
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Ireland

Post by Wanderer » Sun Aug 05, 2007 2:02 am

yankeegirl wrote:Civil parntership is for same-sex couples, akin to a spousal visa. I don't think there is any minimum time frame of being together.
It's six months. Unless it's changed!
An chéad stad eile Stáisiún Uí Chonghaile....

Docterror
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Joined: Tue Dec 26, 2006 10:30 pm
Location: Stoke-on-trent, UK
United Kingdom

Post by Docterror » Sun Aug 05, 2007 8:41 am

Wanderer wrote:
yankeegirl wrote:Civil parntership is for same-sex couples, akin to a spousal visa. I don't think there is any minimum time frame of being together.
It's six months. Unless it's changed!
yankeegirl wrote:Civil parntership is for same-sex couples, akin to a spousal visa. I don't think there is any minimum time frame of being together.

Technically, that is not true. Because, just like in the case of marriage, you can only start the proceeding for the dissolution of the Civil Partnership after 1 year from the date of having registered it. While it may be so, you can seperate any time you want (talking non-visa purpose here). The only difference here other than the terminologies used (like divorce/annulment) is that there are only a few courts (last time I checked) that does the dissolution while almost all counties have a court that handles divorces leaving same couples at a small disadvantage.

Getting back to the question, I still do not know whether that is what jimquk meant in the first place.
Jabi

jimquk
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Location: longsight manchester
United Kingdom

Post by jimquk » Sun Aug 05, 2007 9:11 am

Apologies guys, yes I meant Unmarried Partner visa.

Thanks for the correction, hopefully that's what this board is all about?

sakura
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Location: UK

Post by sakura » Sun Aug 05, 2007 2:18 pm

jimquk wrote:Apologies guys, yes I meant Unmarried Partner visa.

Thanks for the correction, hopefully that's what this board is all about?
The OP can't apply for the unmarried partner visa because he's only been living together with his girlfriend for 6 months, and for the UPV you need 2 full years of co-habitation.
So that's out the equation for now.

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