civil partnership visa advice

[butterfly76]

Hi,
I am a British Citizen, in mid 30's, with 2 dependents. I am in a civil partnership with a south african who is also in mid 30's. We met whilst I was living in south africa for a year in 2007. Although we were not living together (I was married at the time to someone else). After my divorce in June 2010, we decided to have our civil union in August 2010 in South Africa.

I would like to know what would be the best way for us to start the process in terms of funds and financial costs that need to be supplied to satisfy grounds for her being allowed to gain a visa? Also, would the fact that we haven't physically lived together be a problem?

Any advice on how to start this process would be appreciated, thank you.

[mochyn]

Hi,
I am a British Citizen, in mid 30's, with 2 dependents. I am in a civil partnership with a south african who is also in mid 30's. We met whilst I was living in south africa for a year in 2007. Although we were not living together (I was married at the time to someone else). After my divorce in June 2010, we decided to have our civil union in August 2010 in South Africa.

I would like to know what would be the best way for us to start the process in terms of funds and financial costs that need to be supplied to satisfy grounds for her being allowed to gain a visa? Also, would the fact that we haven't physically lived together be a problem?

Any advice on how to start this process would be appreciated, thank you.

Are you aware that civil partnerships mean same sex unions?
Or do you mean registry office union as opposed to Church union?

[butterfly76]

Hi,
I am a British Citizen, in mid 30's, with 2 dependents. I am in a civil partnership with a south african who is also in mid 30's. We met whilst I was living in south africa for a year in 2007. Although we were not living together (I was married at the time to someone else). After my divorce in June 2010, we decided to have our civil union in August 2010 in South Africa.

I would like to know what would be the best way for us to start the process in terms of funds and financial costs that need to be supplied to satisfy grounds for her being allowed to gain a visa? Also, would the fact that we haven't physically lived together be a problem?

Any advice on how to start this process would be appreciated, thank you.

Are you aware that civil partnerships mean same gender unions?
Or do you mean registry office union as opposed to Church union?

Yes, it is a same gender union

[Casa]

It isn't mandatory for you to have lived together but you will need strong evidence of contact since the Civil Partnership and a reason why you haven't applied for her to join you until now.
Finances will need to be sufficient to meet at least the minimum weekly sum for a couple of £105.95 remaining weekly after paying rent or mortgage and any loan repayments + £62.33 for each child.
You also need to show evidence of suitable accommodation in the UK. You must both be over the age of 21.

[butterfly76]

It isn't mandatory for you to have lived together but you will need strong evidence of contact since the Civil Partnership and a reason why you haven't applied for her to join you until now.
Finances will need to be sufficient to meet at least the minimum weekly sum for a couple of £105.95 remaining weekly after paying rent or mortgage and any loan repayments + £62.33 for each child.
You also need to show evidence of suitable accommodation in the UK. You must both be over the age of 21.

Thank you for your reply. As far as contact, we are in comms almost 24 hours a day thanks to modern technology. Reasons for the delay are more personal which include 1) finance as I am studying, and 2) having an ex husband who is threatening to try take custody of the children due to how he views my so called 'lifestyle'. I do not want my children to suffer due to this, and neither do I want to live a life without my partner. Circumstances has unfortunately led me to make difficult decisions for now.

Having looked at my personal circumstances, do you assume the time period, if I was to wait until my studies is over, would pose a problem in obtaining a visa for my partner? Would she be able to use her funds as means of supporting herself here or do I still need to be the one who needs to show this?

[Casa]

Butterfly76, you can use your partner's finances to support your application. Bear in mind the minimum weekly amount I've shown in my previous post.
You can wait to apply for your partner to join you when you finish your studies, but you will need to submit an application showing regular contact.
If you defer applying for the settlement visa will you be able to visit her in the meantime? This would strengthen the application as far as evidence of a genuine relationship.

[butterfly76]

Thank you very much for the helpful information. As far as proof of regular contact, I have always loved writing. I do not know how much personal things they need to see or in which form but I do have many letter, cards, boxes full of gifts as well as photobooks of our holidays, air plane tickets, and 1000's of photos and emails. I even have receipts of flower and gift delivery bills that I sent to her over the years. I am very sentimental and I tend to keep everything.

I make a point of visiting her at least once a year, and as we both enjoy travelling, we will travel somewhere we have not seen before in south africa, and make the most of it building up beautiful memories together. Once a year is all I can afford financially and also time in holidays due to family and study commitments, but I am trying my best to keep her happy with what I can manage right now. I hope this will be acceptable later on?

May I also ask, (unless this needs to be on a separate post) if she was to visit the UK as a visitor, would this affect her settlement visa later on? I know you mentioned regular contact and I've been to South Africa many times and would love for her to visit me for a change. I don't want anything jeopardising her visa later on when we are able to apply for it, but as you can appreciate I still need to see her.

[Casa]

It won't affect the outcome of the settlement visa application, but unless she can give evidence of strong reasons to return to South Africa it's unlikely that she would be granted a visitor visa. The Entry Officer could take the view that as her partner is living the UK she may overstay. However, if she has permanent employment and can submit a letter from her employer confirming that the job is kept open for her on return, or she owns property, or is in full time study, an application could succeed.
There's certainly no harm in trying, but she should be honest about your relationship in the visitor visa application.