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Tier 1 (Gen) Dependant visa: defining a relationship?

Archived UK Tier 1 (General) points system forum. This route no longer exists.

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

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LankanFunkin
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Tier 1 (Gen) Dependant visa: defining a relationship?

Post by LankanFunkin » Fri Jan 09, 2009 11:27 pm

Ok kids, heres a difficult one. How do you define a relationship as "akin to marriage"?

Here is the story.

I am on an HSMP visa, and on my next renewal, hope to be Tier 1 (General).

I met a girl. She's American. At the time, she was in London getting a Masters degree. However the university she got said degree from is an American college based in London, so while it is US accredited, it is not UK accredited (so no chance of Tier 1 Student).

We started seeing each other since Sep 2007.

She finished her degree, and then returned to the US, where she is getting her Teaching certification.

We're still seeing each other. Pretty seriously. And its costing a lot in air fare and phone bills! :-)

She finishes her degree in Dec 2009.

I want her to move to the UK in 2010.

So this is where it gets (even more) complicated. Her teaching qualification will be recognised by any UK school. But despite the lack of teachers in the UK, many seem hesitant in sponsoring a work visa. Furthermore, her subject areas do not fall into the Maths & Science categories on the PBS Shortage List (link), so I think this lessens the likelihood of a school sponsoring her Tier 2.

So I thought about trying to get her in as a dependant on my (future) Tier 1 visa, as an unmarried partner. She would live with me, and in the future, we do plan on getting married.

The verbiage on the UK BCA website clearly points out that this relationship is applicable to both heterosexual and homosexual relationships. And there is a requirement that the existing relationship must me "akin to marriage" and have lasted for 2 years prior to the date of application. We actually have been rather serious for a year now, and we would be well past 2 years at the time of application. But my concern is how do we prove that this relationship is "akin to marriage", and I cannot seem to find any solid criteria for defining it.

Any help on this would be much appreciated.

vinny
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Post by vinny » Fri Jan 09, 2009 11:54 pm

See also 13.14 - Unmarried (i.e. opposite sex) and same-sex partners and how they qualify > The parties having been living together in a relationship akin to marriage/civil partnership which has subsisted for two years or more.
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.

LankanFunkin
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Post by LankanFunkin » Sat Jan 10, 2009 12:50 am

Thanks Vinny.

But it still begs the question of whether we qualify or not. We technically live together when we are in the same geographical area - i.e. when we visit. But is that the same? Since she moved back to the US for her degree, we do see each other very often - on average once every 1.5 months, if not sooner. We still take vacations together, have joint bank accounts, and receive mail at each other's residences. But is that enough?

I'm thinking an actual lawyer may come handy for this.

UKBAbble
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Post by UKBAbble » Sat Jan 10, 2009 12:58 am

LankanFunkin wrote:I'm thinking an actual lawyer may come handy for this.
I hope you have plenty of cash to waste.

LankanFunkin
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Post by LankanFunkin » Sat Jan 10, 2009 1:54 am

UKBAbble wrote:
LankanFunkin wrote:I'm thinking an actual lawyer may come handy for this.
I hope you have plenty of cash to waste.
Selling a kidney on the black market doesnt hurt your chances of getting ILR, right? :-)

But in seriousness, UKBAbble, do you say that as you reckon the case is too far fetched?

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Frontier Mole
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Post by Frontier Mole » Sat Jan 10, 2009 2:06 am

I think you know the answer to your own question!

You do not live together, are not married, rarely see each other by the definition of a normal couple, have spent little time together as a percentage of the overall time you have known each other so does any of that point towards the requirements of a two year period of living together?

I know you do not honestly believe you have any chance of meeting the requirements.

The best way forward is the fiancée visa option or go the whole hog and marry. That assumes she can not get a tier 2 visa.

vinny
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Post by vinny » Sat Jan 10, 2009 2:19 am

Frontier Mole wrote:The best way forward is the fiancée visa option or go the whole hog and marry. That assumes she can not get a tier 2 visa.
Unfortunately, fiancé(e) visa is apparently not an option if sponsor is not present and settled nor an EEA national.
Last edited by vinny on Sat Jan 10, 2009 2:21 am, edited 1 time in total.
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.

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Frontier Mole
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Post by Frontier Mole » Sat Jan 10, 2009 2:21 am

I am looking towards the 2010 date quoted, don't know if the OP will have access to ILR by that point or not.

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