Same sex visa

[nihad]

Hello

I'm currently in UK as asylum, I've claimed last Feb and my case still in process,

I'm currently in Relationship with British citizen for almost 2 years same sex relationship, but my boyfriend is married to a woman,

would that effect us if I apply for same sex visa?

regards.

[Obie]

If your boyfriend is in a subsisting relationship with another person you will have difficulty qualifying .

He will be best advised to seek a divorce from the other lady .

[CR001]

would that effect us if I apply for same sex visa?

There is no such visa. It is called an Unmarried Partner visa or a spouse visa if you are in a civil partnership.

To qualify for an unmarried partner visa, you have to live together in a relationship 'akin to marriage' for a minimum of 2 years and have proof of cohabitation.

Your boyfriend also has to meet the minimum income requirement of £18,600pa.

[nihad]

would that effect us if I apply for same sex visa?

There is no such visa. It is called an Unmarried Partner visa or a spouse visa if you are in a civil partnership.

To qualify for an unmarried partner visa, you have to live together in a relationship 'akin to marriage' for a minimum of 2 years and have proof of cohabitation.

Your boyfriend also has to meet the minimum income requirement of £18,600pa.

We have been living together for 2 years when we were in my country, I entered UK and claimed Asylum and we are living together now, he is working abroad now and meets the requirement of earning £18,600pa.

my question here is, will it be problem for as to apply for spouse visa since he is married to a lady?

[CR001]

You can't apply for a spouse visa because he is still married. He needs to be divorced first.

You cannot apply for an unmarried partner visa if he is living and working in another country. How long have you lived together in the UK and do you have documentary evidence of this?

Expect an uphill battle with this if your same sex partner is in a marriage with a female, especially if his wife is also/already on a spouse visa herself.

[nihad]

You can't apply for a spouse visa because he is still married. He needs to be divorced first.

You cannot apply for an unmarried partner visa if he is living and working in another country. How long have you lived together in the UK and do you have documentary evidence of this?

Expect an uphill battle with this if your same sex partner is in a marriage with a female, especially if his wife is also/already on a spouse visa herself.

we have documentary evidence that we lived together abroad to 2 years and it's been 4 month we live together in UK, he works abroad on rotation, one month in UK and one month outside.

we are same sex partner and he is married to a female, he separated already but not in divorce yet, his wife is British citizen.

[Wanderer]

You can't apply for a spouse visa because he is still married. He needs to be divorced first.

You cannot apply for an unmarried partner visa if he is living and working in another country. How long have you lived together in the UK and do you have documentary evidence of this?

Expect an uphill battle with this if your same sex partner is in a marriage with a female, especially if his wife is also/already on a spouse visa herself.

we have documentary evidence that we lived together abroad to 2 years and it's been 4 month we live together in UK, he works abroad on rotation, one month in UK and one month outside.

we are same sex partner and he is married to a female, he separated already but not in divorce yet, his wife is British citizen.

Needs to be divorced (or imminently divorced).

Cast in stone.

[CR001]

For unmarried partner visa, you need two years of living together and this must be the most recent two years immediately prior to application. Not two years from 5 years ago for example. There is no discretion on this requirement.

He needs to sort out his divorce.

[Obie]

For unmarried partner visa, you need two years of living together and this must be the most recent two years immediately prior to application. Not two years from 5 years ago for example. There is no discretion on this requirement.

He needs to sort out his divorce.

I am not sure a person will be precluded if their partner went overseas for work purpose over an extended period but their relation contunued and they continue to maintain joint residence.

[ILR1980]

Hello
I'm currently in Relationship with British citizen for almost 2 years same sex relationship, but my boyfriend is married to a woman,

Bit strange that you are having relationship with a man who is already married with wife. Does his wife know about your relationship with her husband? Multiple relationship are not allowed in UK for visa purpose so i assume a bisexual guy cannot have one wife and one civil partner (in case of same sex relationship) at same time

[Casa]

How did your partner obtain residency here? If it was through the British national who they now want to divorce and claim they are homosexual/bisexual, this may raise concerns not only about the validity of your relationship, but also the validity of the marriage. How long ago did you live together outside of the UK before you entered to claim asylum? There must be a considerable gap if during your time apart they have been granted a spouse visa and I assume they now have ILR.

[nihad]

How did your partner obtain residency here? If it was through the British national who they now want to divorce and claim they are homosexual/bisexual, this may raise concerns not only about the validity of your relationship, but also the validity of the marriage. How long ago did you live together outside of the UK before you entered to claim asylum? There must be a considerable gap if during your time apart they have been granted a spouse visa and I assume they now have ILR.

My partner is originally from UK and British citizen, he is been married to a lady for 20 years, we were living together just before I come to UK and claim asylum here.

[ouflak1]

How were you able to come to the UK? Would you have come to the UK to claim asylum if your partner wasn't here? Why didn't your partner get a divorce while he was overseas and living with someone else anyway? Is he actively pursuing a divorce now (as in paperwork filed + lawyer hired + etc...)? If your claim to asylum is sound, why are you asking about an Unmarried Partner visa? What will you do if your asylum claim fails? Will you return to your country? What will your partner do? Would he finally get the divorce, establish a residence in your country with you, and try to bring you back to the UK after that relationship is established in the eyes of the UK?

[Casa]

An additional issue, you say your partner is on a one month on/off rotation working outside of the UK. Is he being paid in the UK by a British employer?

Unmarried partnership requires not simply evidence of 2 years co-habitation. In order to qualify, the Case Worker will expect to see evidence of joint commitments, such as shared finances, tenancy and bills in joint names throughout the qualifying period.

As fellow Moderator Obie has already advised, an Unmarried Partner visa application will have a slim chance of success when your partner has a wife and is not yet divorced.

What nationality do you hold?

[nihad]

An additional issue, you say your partner is on a one month on/off rotation working outside of the UK. Is he being paid in the UK by a British employer?

Unmarried partnership requires not simply evidence of 2 years co-habitation. In order to qualify, the Case Worker will expect to see evidence of joint commitments, such as shared finances, tenancy and bills in joint names throughout the qualifying period.

As fellow Moderator Obie has already advised, an Unmarried Partner visa application will have a slim chance of success when your partner has a wife and is not yet divorced.

What nationality do you hold?

He is being paid by Canadian company not British employer, since I'm as asylum in UK I'm not allowed to have any joint commitments, and I'm not getting any support from Home Office, he is supporting my financially and accommodation,

I hold Iraqi Nationality

[nihad]

I've just received a decision from home office
They do not believe that I'm gay and refused my claim
How do I prove it in appeal?

[lolowalsh]

I've just received a decision from home office
They do not believe that I'm gay and refused my claim
How do I prove it in appeal?

Well that was expected your partner is still in relationship with a woman. Anyway you need show proof that you are actual gay meaning :

* proof of communication whatsapp meassges etc..

* If you have anpy intimate pictures with your partner there is no shame of showing them.

* Any other pictures such as: Being in a gay pub , gay pride etc...

* Any previous relationships ??? Also that would help


If not you need to go back home and apply for proposed civil partnership visa then marry here and then apply for FLR
Its very costly and there is a financial requirement 18600

[CR001]

If not you need to go back home and apply for proposed civil partnership visa then marry here and then apply for FLR
Its very costly and there is a financial requirement 18600

Not possible unless his "partner" is divorced from his wife of 20 years.

[nihad]

I've just received a decision from home office
They do not believe that I'm gay and refused my claim
How do I prove it in appeal?

Well that was expected your partner is still in relationship with a woman. Anyway you need show proof that you are actual gay meaning :

* proof of communication whatsapp meassges etc..

* If you have anpy intimate pictures with your partner there is no shame of showing them.

* Any other pictures such as: Being in a gay pub , gay pride etc...

* Any previous relationships ??? Also that would help


If not you need to go back home and apply for proposed civil partnership visa then marry here and then apply for FLR
Its very costly and there is a financial requirement 18600

we did submit photos and pictures that we took on holiday we even have videos, but we never had change to show them videos

[Alicia_4076]

I think you went about this completely the wrong way. Your focus should have been solely on proving your sexuality and the fear of persecution you face if you were sent back home rather than your relationship with this married guy. I am a bisexual Nigerian woman, I have been in the uk for 16 years and after failed ILR, FLR and 5 yrs of immigration hell,and removal directions, I claimed asylum based on my sexuality. I was warned that they may question my credibility in that I'm only claiming asylum after all the other routes had failed and having been in the country for over 16 yrs. My witness statement focused on me, how I discovered my sexuality, hiding it in Nigeria as a child cos of fear, moving to the uk as a teenager, coming out to my friends in the uk years later, and most importantly the fear I face going back to a country where it is illegal to be LGBT. I wasn't even being threatened by anyone back home, but I emphasised on how LGBT are being persecuted. I had my interview in Leeds in June, and was granted asylum 3 days later. I had prove of old dating email correspondence going back years when I first came out, LGBT events I attend, details of past relationships with men and women, the difference explaining why I identify as bisexual and not straight or gay, dating website profiles, their subscription fee receipts etc. That should have been your focus, proving to them you are in fact gay and the persecution you face if you are sent back home. When you go for your appeal make sure this is your focus not the relationship you are in cos as long as this guy is married then you are the mistress so to speak and that just makes you look even worse. Good luck.

[Alicia_4076]

Oh you are not allowed to show any intimate pictures or videos, it is not admissible as evidence, cos it violates human rights. Also pics and videos are not really prove cos anyone can pose or act. Focus on the fear of going back home, the potential persecution you face as it's the only way you can be recognised as a refugee if you face real harm all that backed up with your coming out story, experience etc