Depedant visa for mistress

[sjpatel27]

Hi

I am British married man. I have 7 years old son and British wife.

Last 2 years I have affairs with Indian married women. Couple was living at my house. She is on student visa. Her student visa under process from last 1 year with Home office. She is main applicant and her husband is dependent.

Last 2 months I am in depression because of fear to loose my mistress. On her birthday both our partners found about our affairs and due to depression and family fight I did suicide attempt. During discussion with physics dr at (GP/Hospital) I mention I have sexual relationship with mistress last 2 years and last 2 months I am in her love deeply, without her I want to kill myself.

Now me and my wife and mistress and her husband are separate from each other. Me and my mistress are living together at different place. She got crime report from Police about separation from her husband because he was drunker and he beat her.

I left all my UK properties and bank balance for my child. I am working and my annual salary is 27,500 Pound. Mistress can’t work because due to her student work restriction. Not sure our partners will give us divorce easily. In

How can she get dependent visa on living relationship with me? Is it any way she can get British passport? Is it any bank balance required to prove I am capable to maintain dependent?

Thanks in advance for reply.

[Obie]

Well having sexual relationship does not amount to common law unmarried relationship.

You will need to either divorce your wife, if you cannot reconcile, and she will need to divorce her's aswell if she feels the same way about you.

And then you get married, only then will you be able to sponsor her.

[sjpatel27]

I know we have to take divorce from each partners. But my mistress college is black listed and she is waiting for 60 days letter from Home office. In this case if i want to show home office she is my living relationship partner what can i do? By doing this she can get rights to stay in UK and possible she can get rights to work as well.
Please advice what is the best next step. Tank

[sjpatel27]

I know we have to take divorce from each partners. But my mistress college is black listed and she is waiting for 60 days letter from Home office. In this case if i want to show home office she is my living relationship partner what can i do? By doing this she can get rights to stay in UK and possible she can get rights to work as well.
Please advice what is the best next step. Thanks

[Obie]

Have you been living together for 2 years and can you prove it?

Do you have a child together?

If those 2 requirements are unmet, then she will need to find another college.

[sjpatel27]

Thanks for reply

Yes, She and her husband was lived in my home as tenant. But when i did suicide try and went to see physic dr than i told them we had 2 years relationship and that one recorded to NSH report. We were together last 2 years but each other partner and we had relationship but not officially (hide and sick) from our partners.

If i take NHS report and show them like i had relationship with her last 2 years than is it valid ?
Or
Home Office can refuse because they know we were living in one home but her husband aslo with him so its not going to valid ?

We are trying to get divorce from each partner but its hard. Our partner don't want sign divorce paper. In this time being any other way i can show she is my dependent by doing living partner agreement and when we will get divorce from each other partner than we will do officially marriage.

I need suggestion how can i can stop Home Office in case if they reject her student visa and i can saw them she is my living partner and i can't bear pain if she go away from me. I had suicide attempt because i had fear to loose him and is this medical history will help me in future?
Please advice me, Thanks

[Greenie]

I a sorry but I think you need a reality check. You have next to no chance of securing a dependant visa for this woman. You are not going to convince anyone that you have been living together in a relationship akin to marriage for 2 years with the woman you were having an affair with whilst she was living with you in the same house as your wife and child and her husband. It is ridiculous for you to think otherwise. The fact that you told a doctor about your affair means nothing. If you both managed to get divorced (unlikely to happen quickly particularly for you given that you have a child and own property) and you marry your 'mistress' then your new marriage will come under heavy scrutiny and is likely to be suspected as a marriage of convenience given that she is about to have her student visa curtailed. If you are genuinely suicidal and would leave your son fatherless because you 'can't live without' someone you've had an affair with then you need counselling, not immigration advice. I pity your poor wife and child.

[Amber]

Dependants of temporary migrants are expected to leave the UK if their relationship breaks down, because they will no longer satisfy the eligibility conditions for their visa. So your partner's husband may have to leave or may have already left. This may make a divorce much harder.

[Obie]

She may qualify for unmarried partner visa even if you are not divorced to your respective partners, provided you can show that you have been cohabiting for a period of 2 year,which is where your difficulties commences.

I believe if you can are able to overcome the 2 years hurdle, and there is evidence you are in contact with your 7 years old , and making a contribution to his life, then I believe you may have a good shot at succeeding.

It will be a bit of a tough battle, but not entirely hopeless

[Greenie]

With due respect Obie I must disagree. This case is almost entirely hopeless if they go down the unmarried partner route. They have not been in a cohabiting relationship for two years. They having been having an affair while she happened to be living in his marital home as his tenant. They were not living together as husband and wife. What possible evidence would they provide? It all seems rather convenient that the affair has been going on for two years (not 1 year or 6months) and that he has a doctors report where he has mentioned the length of the affair. But regardless of this having an affair with someone whilst they are living In your home as your tenant and with both respective spouses also living in the same home does not meet the unmarried partner rules.they were having a secret affair. They were not an unmarried cohabiting couple.

[Obie]

I have not suggested that they will succeed now.

They clearly have not been in a cohabiting relationship for 2 years.

I accept that an illicit affair is not a subsisting relationship.

I am of the view that the OP has hurdles to overcome, but given the circumstances of his case and his suicidal tendency and provided he has a subsisting relationship with his child, I belief there will be a strong arguable case for his partner to be granted leave outside the rule.

I am sure the Home Office does not want British citizens killing themselves or British citizen child being deprived of a parent with whom they have genuine parental relationship.

I accept without hesitation that the lady will not qualify under the rule. If I had said anything in my previous post that gave that Impression , then I concede that I an clearly wrong.

[Amber]

Obie, it's not the OP who needs leave to remain, it is his partner(?). If he has a child, there is nothing stopping him from staying, he doesn't require leave to remain. The guidance used to describe such cases, they are to be refused. I believe the guidance is now internal.

[Amber]

Also bear in mind:

Where the applicant and/or their partner has previously been married or in a civil partnership, the applicant must provide evidence as specified in paragraphs 23 and 25 to 26 of Appendix FM-SE that the previous marriage or civil partnership has ended.

Evidence of Marriage or Civil Partnerships
22. A claim to have been married in the United Kingdom must be evidenced by a marriage certificate.
23. A claim to be divorced in the United Kingdom must be evidenced by a decree absolute from a civil court.
24. A civil partnership in the United Kingdom must be evidenced by a civil partnership certificate.
25. The dissolution of a civil partnership in the UK must be evidenced by a final order of civil partnership dissolution from a civil court.
26. Marriages, civil partnerships or evidence of divorce or dissolution from outside the UK must be evidenced by a reasonable equivalent to the evidence detailed in paragraphs 22 to 25, valid under the law in force in the relevant country.

[Greenie]

In your previous post Obie you said that if they could show two years cohabitation she would qualify under the unmarried partner rule so I took that to mean you thought they'd qualify now if they could show two years cohabitation including the period they were having an affair.

I would still disagree as to the strength of the case however. It's very difficult to succeed in such cases, like I said if he really is suicidal then he needs psychiatric help, not immigration advice. Unless he has a long established documented history of mental health problems I simply don't see any weight being given to his sudden suicidal ideations as they will say that he can seek adequate support from professionals in the UK should his 'mistress' be required to leave. I am sorry if it sounds harsh but like I said I think he needs a reality check as shes highly unlikely to be granted leave outside of the rules on the basis of their relationship, If he's genuinely suicidal then for the sake of his child he needs to concentrate on getting professional help for this.

[Obie]

Re Amber:

Well, the policy is, if the sponsor has a genuine and subsisting relationship with a British Child or a child who has resided in the UK for 7 years of his/her life, then they seem to be considering that as an insurmountable obstacle to the partner leaving the UK. This has been the position and this is from my personal l experience in my dealing with these cases.

It is the proper approach in any event, as it will be odd if the non EEA child of a British Child is able to stay with his child , but a British father is told it will be reasonable for him to relocate to a 3rd country with a partner with whom he has genuine and subsisting relationship, and being told it will be ok to abandon a British Child with whom he has regular contact.

That will be wholly contrary to the ECHR jurisprudence and our domestic caselaw.


RE Greenie:

I don't intend to concede on the other points. I am of the view that mental health issue and suicidal tendencies may amount to insurmountable obstacle to relocating.

It will depend on the facts of the case.

I accept that it will be helpful if a person meet the relationship requirements of the rules , and other mandatory requirements. However the caselaw indicates that the rules are not a complete code, and that the Secretary of state is required in all cases to do an independent assessment outside of it.

The caselaw has moved on since Nagre.

Now it is not only if there is strong arguable case outside the rules, but in all cases the article 8 has to be considered outside the rules if a person does not meet the conditions of the rules.

[Amber]

I agree that the impact of a mental or physical disability can mean such hardship is of such a degree to amount to insurmountable obstacles. Having a child in the UK does not automatically create an insurmountable obstacle to their relationship existing abroad. It would depend what access to the child the partner has now, we don't know. It could be of no hardship if the Father did not see his child.

Having a disability and a UK child is certainly not a secure way to show insurmountable obstacles to the SoS, the case of Izuazu has shown that. Remember, Gulshan has shown it is far from a straight cut story to define what amounts to insurmountable obstacles.

[Obie]

I have no difficulty in accepting that.

Lots of cases like Chikwamba will be in play.

For the avoidance of any doubt, i am not suggesting that the OP's case is very strong and robust.

However it is not one that can be easily dismissed as lacking in merit, and totally unfounded.

There are features of his case, which if advanced robustly may lead to a favourable outcome on a good day.

The best interest of his child from the previous marriage who is British will need to be considered by the Secretary of State.