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Exempt Visa and dependent

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, Administrator

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Baraga
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Posts: 5
Joined: Mon Nov 19, 2018 10:10 am
United Kingdom

Exempt Visa and dependent

Post by Baraga » Mon Nov 19, 2018 10:37 am

Hello!

I'm about to be posted in a diplomatic posting to the UK (visa-exempt) and my partenr would join me.

A few years back, my partner tried to get a work permit for canada (self-employment) and was refused because he did not prove sufficient financial ability to work as a self-employed person.

It is important to note that in the past decade he has been working as a regular and continuous employee and earning a high salary.

Can this refusal have a negative impact on his visa application to the United Kingdom?

Thanks! :)

vinny
Moderator
Posts: 33343
Joined: Tue Sep 25, 2007 8:58 pm

Re: Exempt Visa and dependent

Post by vinny » Mon Nov 19, 2018 12:07 pm

It probably won't have a negative impact on his visa application.

If unmarried, then see also 7. EXM7 Are unmarried partners of diplomats exempt from control?
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Baraga
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Posts: 5
Joined: Mon Nov 19, 2018 10:10 am
United Kingdom

Re: Exempt Visa and dependent

Post by Baraga » Mon Nov 19, 2018 12:42 pm

Thanks for your quick and helpful reply!

So as I understand it, there is no weight to whether we are married or not? Will his case grow stronger if we get married?

Thanks!

vinny
Moderator
Posts: 33343
Joined: Tue Sep 25, 2007 8:58 pm

Re: Exempt Visa and dependent

Post by vinny » Mon Nov 19, 2018 1:24 pm

The spouse of an accredited diplomat would be exempt from immigration control and benefit from the privileges and immunities under the Vienna Convention on Diplomatic Relations 1961.

Article 37
1.The members of the family of a diplomatic agent forming part of his household shall, if they are not nationals of the receiving State, enjoy the privileges and immunities specified in articles 29 to 36.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Baraga
Newly Registered
Posts: 5
Joined: Mon Nov 19, 2018 10:10 am
United Kingdom

Re: Exempt Visa and dependent

Post by Baraga » Tue Nov 20, 2018 12:57 pm

Thanks, but how does it fit in with what is written here?

"Unmarried partners of diplomats are not exempt from immigration control, nor do they benefit from privileges and immunities under the Vienna Convention on Diplomatic Relations 1961."

(https://www.gov.uk/government/publicati ... om-control)

vinny
Moderator
Posts: 33343
Joined: Tue Sep 25, 2007 8:58 pm

Re: Exempt Visa and dependent

Post by vinny » Tue Nov 20, 2018 1:19 pm

Baraga wrote:
Mon Nov 19, 2018 12:42 pm
So as I understand it, there is no weight to whether we are married or not? Will his case grow stronger if we get married?
That’s why there is weight to whether you are married or not.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Baraga
Newly Registered
Posts: 5
Joined: Mon Nov 19, 2018 10:10 am
United Kingdom

Re: Exempt Visa and dependent

Post by Baraga » Tue Nov 20, 2018 2:33 pm

Got it. In our country there is no possibility of same-sex marriage. If we get married as soon as we get there and then ask for the visa, will that help?

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