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Topic: overstayed with unmarried partner  (Read 2304 times)

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overstayed with unmarried partner
« on: May 15, 2005, 11:42:41 AM »
I've overstayed and live with my unmarried partner of 6 years. What will happen when I leave the UK? How can I get fully legal. I'm grateful for any advice on this as it is quite stressful.
« Last Edit: January 17, 2006, 05:29:46 PM by Mindy »


Re: oversteyed with unmarried partner
« Reply #1 on: May 15, 2005, 12:03:43 PM »
Oh, goodness.  That must be stressful.  I'm afraid I don't have any advise but hopefully someone does. 


*mod hat on: OK everybody, we know he's overstayed and is here illegally soooo that doesn't need to be rehashed.  If you have solid legal advise please respond or pm.  If you just want to have a go, please don't. 


Re: oversteyed with unmarried partner
« Reply #2 on: May 15, 2005, 12:07:21 PM »
I've overstayed and live with my unmarried partner of 6 years. What will happen when I leave the UK? How can I get fully legal. I'm grateful for any advice on this as it is quite stressful.

Not to worry.  It's not the first time and the way things are going in the UK, not the last either.  

On the other hand, more deets need to be forthcoming.  Partner's status in the UK?  When did you enter and under what status?  Your and partner's marital status?  You are not married to them, but to anybody else?  Are there children in the formula?  How much stuff do you have demonstrating your cohabitation and/or a subsisting relationship?

And in the meantime, relax, it's not the end of the world...


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Re: oversteyed with unmarried partner
« Reply #3 on: May 16, 2005, 09:18:16 AM »
Thanks for the calming words mindy&garry. More details: my girlfriend is english (neither of us have been married before, and there are no children), we have tons of stuff showing we've lived together for years, I entered on a visitor's visa. I was skeptical originally about entering on a fiance or unmarried partner visa as I didn't have much in the way of documenting work history being freelance for years and years and not being the type of person to keep much in the way of financial records. 


Re: oversteyed with unmarried partner
« Reply #4 on: May 16, 2005, 12:43:21 PM »
That's fine, the missing bit is when you entered; it has a bearing on the whole thing.  When did you enter?

Have you considered the two year UP probationary visa?  There's recent precident for UP's applying successfully for settlement whilst in overstay status, and advisors have successfully put forward  applications without mentioning any concessions.  There's some people here who have assembled all the stuff for the UP who can provide some tips about what's needed.  I have a sample UP sponsors letter on my site.  Switching into other categories - outside of the UP - is awkward for visitors in the best case and nigh-on impossible without unspent leave.

Additionally to your need to develop a strategy for the longer term, it makes very good sense to cover the event that you get nicked while you are assembling your strategy.  That can happen from any random circumstance, a license check on the motorwy, being on a camera when somebody commits a crime, a traffic accident, or even a jealous co-worker.  And if they call screws, you'll be bundled off to detention until the IND can find out who you are, which could take a couple of days.  During that time, you'll talk with an advisor, but you'll also have to fill out some forms and have 1 or 2 interviews with IND.

A black biro, a phone card, your passport, a sheet of paper with your partner's contact details on it, your advisor's details, a long novel that you were planning to read, and most importantly, a letter about 1 1/2 pages that explains your circumstances.  It's because filling out forms and interviews take place in stressful and sub-optimal conditions and I advise that it's better to have your thoughts collected and organised.  The rest of the time you just wait until they figure out who you are, hence the novel.

So you would carry that stuff with you while you put your UP app together.  If you have questions  about the app, just chime in.

One last thought:  it might be worthwhile to consider your wording and phrasing in describing your circumstances - and how to differentiate yourself.  If you put it forward that you're a freelancer who doesn't keep much in the way of records, it's like going way up in their faces that you're a dodgy person - like a drug dealer or some such.  It doesn't bother anyone on the forum here, but it helps to remember that IND are on the policy side - and they are paid to think up stuff like that.  And if you set them off on a tangent, everything will take longer. 


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Re: unmarried partner
« Reply #5 on: January 16, 2006, 02:44:52 PM »
[To whoever can help!
I am a female US citizen living in the UK with my boyfriend who is a British citizen. In a few weeks it will be my two year anniversary living here in the UK and we are looking into applying for my UP Visa. I have contacted a firm for advise and basically they are just telling me what I already know. My BF and parents have been supporting me for the last two years due to the fact I can not work here, so I have been fortunate enough to not be away from by boyfriend and the UK for any longer then two weeks.

The main documentation that proves our relationship exits and that I am living here is a tenancy agreement of two years with both our names on it and our passports, apparently I have been told that this is not enough and I am stressing about it all. I have not been working so, all my bank statements have been handled by my parents in the US. I don't know what other documents would be needed, can anyone advise on this? are pictures, letters enough?

Also, I am not sure to go through the route of hiring a lawyer in the UK to handle the whole case. They seem to be costly and I am not really sure if I can apply for the UP visa here or if I have to apply in the states. Does anyone have an opinion or experience with a lawyer, do they make the headache go away? is it worth it or should my boyfriend and I apply within the states ourselves. I appreciate any feed back!


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Re: overstayed with unmarried partner
« Reply #6 on: January 18, 2006, 11:10:49 AM »
Hi

Could I just ask - on what visa have you been living whilst in the UK for two years?


Victoria


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