British Partner - best options please

[SSD]

Thanks in advance! This seems like a fantastic and very informative blog. Well, my situation is fairly straightforward but I am being just a bit more cautious. I am a gay man from South Asia currently living on Tier - 4 student visa and I recently completed my masters from a renowned university in London. Long story short - I fell in love with a British man and we have been dating for about four months now. I'd rather he moved to my country. Unfortunately, as you can imagine South Asia - isn't the kind of place where gay couples would want to live! So he suggested we get married here. My concerns are as follows:
I. He previously sponsored his ex (another non-EU) on the basis of the two-year living together unmarried partner scheme (about 12 years ago – even civil partnership didn’t exist then) – so there is no question of divorce or dissolution. They had been together for about 14 years. We met via an online dating website just few weeks after they broke up. My question is - how much of a hassle do we have go through now because of his previous unmarried sponsorship? (P.S. he satisfies the income criteria).
II. Secondly, since my visa expires in four months time – I was thinking if I should go back and apply for a marriage visitor visa – will this be easier and carry more weight in the eye of UKVI?
III. Thirdly, we got very serious in the last few months (met the whole family and friends and taking tours together) – the idea is to marry as our expression of love (has to be in the UK since gay marriage is illegal in my country). I might not even apply for a spouse visa after marriage if we decide to stay out of the UK for a while. In this case – will I still be allowed to marry if I don’t even intend to apply for a spouse Visa?
IV. Fourthly, I always find ‘proving love is genuine’ part very belittling! We know we do – we feel it – there is evidence of some photos together to capture it. But how does one paint the whole picture and show it off to a third party and that too to UKVI? Isn’t love all about feelings and not show off?

[secret.simon]

To the best of my knowledge, never mind gay marriage, "carnal knowledge contrary to the course of nature" is illegal (Section 377 of the Indian Penal Code, which I believe is inherited by Pakistan and Bangladesh as a part of their criminal law as well) in South Asia. A marriage recognised by the UK will not protect you from breaking the law if you settle down with your partner in South Asia. Your partner may avail of British High Commission consular assistance if he were to break the law with you, but he and you would be tried in a South Asian court, under South Asian law. And you would not be eligible for consular assistance.

Your best bet is to settle in the UK or another EEA country with your partner.

‘proving love is genuine’

Where did you get this part from? There is no requirement to prove that your love is genuine.

What you do need to do is to prove that you have a "subsisting relationship". That is done by far more prosaic things, such as having joint finances (mortgages, bills, credit cards, etc) and a common address than having photographs from around the world.

how does one paint the whole picture and show it off to a third party and that too to UKVI?

I believe that the way to do that is to have an item of proof of a subsisting relationship (typically bills in joint names or two separate bills addressed to the same address) for approximately every third month of the relationship. That way, you demonstrate that it is something that has subsisted over a period of time.

[SSD]

Thanks a lot for your reply. The problem is we have been dating for just over three months and he is still sorting things out with his unmarried ex. Besides, my tier 4 visa is going to expire in just four months. Will the change of address in such a short span of time look as a 'desperate' attempt to stay back in the UK? Frankly, we can take it slow but just that one I go applying for a marriage visitor visa from a country where even being gay is illegal would be very difficult!

[Casa]

A marriage visitor visa will require you to leave the UK after the wedding within the 6 month visa period. Applications on the basis of a relationship always come under a great deal of scrutiny when the applicant's current visa is close to expiry.
Did your boyfriend notify the Home Office that his previous unmarried partner relationship was no long subsisting?

[secret.simon]

Is your British partner open to the idea of moving to another EEA country for a period of about 6-12 months? The two of you could marry (or equivalent; see PACS in France) in another EEA country, thus "creating family life" and then come back via the Surinder Singh route.

Mind you that it requires him to demonstrate that he has moved the "center of his life" to the other EEA country. So he will need a house, bank accounts, work contracts, etc in that other EEA country. If he is willing to relocate to South Asia, another EEA country should be a doodle.

[secret.simon]

A question for other commentators on the forum, as I do not know the answer:

Can the OP apply for asylum/DLR/leave outside the rules on the grounds that his relationship with a British citizen endangers his life in his home country?

People in some parts of South Asia have been eloquently expressive (such as with machetes in Bangladesh) about what they would do with anybody whose lifestyle they disapprove of.

[SSD]

A marriage visitor visa will require you to leave the UK after the wedding within the 6 month visa period. Applications on the basis of a relationship always come under a great deal of scrutiny when the applicant's current visa is close to expiry.
Did your boyfriend notify the Home Office that his previous unmarried partner relationship was no long subsisting?

Thanks! He sponsored his ex 12 years ago on the basis of them living together for two years. There was not even civil partnership let alone marriage! His ex became a british citizen right after which was 8-9 years ago. They never got legally civil partners or married after 2005 Civil partnership Act came into force! Do you think my bf should still let the home office know provided his ex became a British citizen so many years ago?

[Wanderer]

A question for other commentators on the forum, as I do not know the answer:

Can the OP apply for asylum/DLR/leave outside the rules on the grounds that his relationship with a British citizen endangers his life in his home country?

People in some parts of South Asia have been eloquently expressive (such as with machetes in Bangladesh) about what they would do with anybody whose lifestyle they disapprove of.

We've got those in my hometown of Bolton, my brother is a social worker and was involved the arrest of some Somalis who 'forgave' a man for machete-ing one of them if he paid some money under Shiria Law or something and it was all ok.

I didn't fully get it but it goes on here too and families a spread about now....

[pentatonic]

Did your boyfriend notify the Home Office that his previous unmarried partner relationship was no long subsisting?

He sponsored his ex 12 years ago on the basis of them living together for two years. There was not even civil partnership let alone marriage! His ex became a british citizen right after which was 8-9 years ago.

If the partner attained citizenship 8 years ago then surely he's no longer under any obligation to notify anyone about the relationship breakdown, which just happened a few months ago?

[Casa]

Correct, although he may need to submit evidence that the relationship (unmarried partnership) is no longer subsisting in order to prove the validity of the current one.

[SSD]

Correct, although he may need to submit evidence that the relationship (unmarried partnership) is no longer subsisting in order to prove the validity of the current one.

Thanks a lot Casa for your advice! As I mentioned earlier, his ex obtained his leave to remain in the UK out of them living together (pre-2005) and later he had been on ILR for a long time. He actually got his british passport just last year. Anyway - I was just trying to figure out how much of a nightmare we would have to go through! As for myself, this is my second time in the UK for higher studies - and obtaining a student visa has always been very smooth for me. Getting in trouble with UKVI is the last thing I would want to do since I have plans to pursue a PhD next year!

[SSD]

Correct, although he may need to submit evidence that the relationship (unmarried partnership) is no longer subsisting in order to prove the validity of the current one.

Dear Casa, thanks a lot for your response. It's invaluable. Some more questions for you if you feel like answering. We would like to marry next year June/July (2016) (preparing wedding ceremony, etc are likely to take time) but my student visa expires in January 2016 (few months before - if we plan to marry in June). In such scenario, will it be advisable to give notice of marriage now while I am in the UK (which, I suppose, will remain valid for 12 months) and go back to my country in January (before student visa expires) and then again come to the UK on a fiance visa in June? Or, is it simpler to just get married now (within my student visa) and do the ceremony, etc later in June when my spouse visa is sorted? Thanks a lot!

[secret.simon]

is it simpler to just get married now (within my student visa) and do the ceremony, etc later in June when my spouse visa is sorted?

That does seem to be the simplest solution. The South Asian dhoom-dhaam can wait.

Be aware that the Home Office scrutinises EEA-non EEA marriages in the UK very closely, especially if the non-EEA partner's visa is close to expiry.

Alternatively, to make it more romantic, get married in an EU country that recognises same-sex marriage.

[SSD]

is it simpler to just get married now (within my student visa) and do the ceremony, etc later in June when my spouse visa is sorted?

That does seem to be the simplest solution. The South Asian dhoom-dhaam can wait.

Be aware that the Home Office scrutinises EEA-non EEA marriages in the UK very closely, especially if the non-EEA partner's visa is close to expiry.

Alternatively, to make it more romantic, get married in an EU country that recognises same-sex marriage.

Thanks a lot Simon for your quick response. Haha - yeah the dhoom-dhaam can wait! But I feel excited whenever I think of marriage and that too me being gay who never thought would be able to marry in my own country! Yes, we can go to Denmark, for example, and get married there. However, given that I have only 4 months of visa left - do you think applying for a schengen visa at this stage and also getting back to UK with such a short duration of student visa - would be worth the hassle (for eg, arguing with the immigration officer at the airport)? Isn't getting married in London seem to be the best possible option at this stage?

[secret.simon]

Isn't getting married in London seem to be the best possible option at this stage?

Yes.

If you are planning to marry before January, get cracking now. The notice period for a registry marriage with a non-EEA partner is typically 70 days. That is just under 3 months of your 4 months left.

[SSD]

Isn't getting married in London seem to be the best possible option at this stage?

Yes.

If you are planning to marry before January, get cracking now. The notice period for a registry marriage with a non-EEA partner is typically 70 days. That is just under 3 months of your 4 months left.

Thanks again for your reply. What else can we do?!?! It seems like Home Office will soon act as a match-maker - very similar to caste system in Hinduism!

[SSD]

Isn't getting married in London seem to be the best possible option at this stage?

Yes.

If you are planning to marry before January, get cracking now. The notice period for a registry marriage with a non-EEA partner is typically 70 days. That is just under 3 months of your 4 months left.

Thanks again for your reply. What else can we do?!?! It seems like Home Office will soon act as a match-maker - very similar to caste system in Hinduism!

Dear Secret.Simon, we will be giving our marriage notice next week. However, our only concern is - his unmarried ex - who he has been exchanging legal notices with regarding the house they had mortgaged together. The settlement (which is being treated under property law coz they were not married or civil partnered) will take another month, I suppose. I understand this can be an issue when I apply for my spouse visa - but do you think this will also be an issue during our 70 days notice period? It seems, for the marriage notice - the registrar only asks for passport and proof of address and in case of previous marriage or civil partnership, the dissolution/divorce papers. Thanks in advance.

[secret.simon]

I am afraid I am not knowledgeable on the laws on marriage, so I will step aside for others to advise you on that topic.

[SSD]

Correct, although he may need to submit evidence that the relationship (unmarried partnership) is no longer subsisting in order to prove the validity of the current one.

Dear Casa, we will be giving our marriage notice next week. However, our only concern is - his unmarried ex - who he has been exchanging legal notices with regarding the house they had mortgaged together. The settlement (which is being treated under property law coz they were not married or civil partnered) will take another month, I suppose. I understand this can be an issue when I apply for my spouse visa - but do you think this will also be an issue during our 70 days notice period? It seems, for the marriage notice - the registrar only asks for passport and proof of address and in case of previous marriage or civil partnership, the dissolution/divorce papers. Thanks in advance.
SSD
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[Casa]

It shouldn't be a problem as you're free to marry.

[SSD]

It shouldn't be a problem as you're free to marry.

Thanks! We gave our notice on 29 September and received a letter in just 5 days time from the Secretary of State stating 'decision not to investigate' - which means we now just have to wait for the usual 28-days period - after which we can marry.