Common Law Partner - Leave to remain refused.

[GoonerT]

Hi guys,

Hope you can point me in the right direction.

My dad came to England from Jamaica in April 2000. He was studying, working and eventually became on over stayer. He got married in 2003 but for some reason his papers was never sorted out. He is separated from his wife although not divorced. He has been with his current partner over 5 years and they live together.

They applied for leave to remain twice and have been declined. The first time one of the reasons were, they didnt believe the relationship was genuine. The second time they accepted the relationship was genuine, but then said he and his parter should move back to Jamaica and live.

My father doesn't have any family in Jamaica, His mom, Grandma, grandad and child (me) are all here. Some of his aunties and uncles are in Canada and America.

His partner is a specialist nurse, who is very much needed by the NHS. She also OWNS her property, has her son and grand kids here.

The solictor we are using said she wanted to try another angle. Jamaica gained independence in 1962, my dad was born before that and his mom came to england about 1960, thus she was a british citizen when he was born and when she travelled. The Solicitor wants the British Jamaican passport she first travelled on to england but we are unable to locate it so far.

Has anyone got any angle we could try from? Or would there be any record of his mom landing in england in 1960?

Thanks

[noajthan]

Has anyone got any angle we could try from? Or would there be any record of his mom landing in England in 1960?

Thanks

For arrival/landing via ship start here:
http://www.nationalarchives.gov.uk/help ... assengers/

[GoonerT]

Noajthan, thank you.

But she traveled via plane in 1960. My great grand father was the last one to come via ship. Even my great grandma came via plane in 1959.

[secret.simon]

The solictor we are using said she wanted to try another angle. Jamaica gained independence in 1962, my dad was born before that and his mom came to england about 1960, thus she was a british citizen when he was born and when she travelled.

My dad came to England from Jamaica in April 2000.

I am not entirely sure that the solicitor is on the right path.

From the text, I take it that your father was born in Jamaica before 1960. At that time, he would indeed have been born a Citizen of the UK and Colonies (CUKC).

However, Section 2(2) of the Jamaica Independence Act 1962 provided that

Subject to the following provisions of this section, any person who immediately before the appointed day is a citizen of the United Kingdom and Colonies shall on that day cease to be such a citizen if—
(a)under the law of Jamaica he becomes on that day a citizen of Jamaica, and
(b)he, his father or his father's father was born in Jamaica.

So, if Jamaican law made him a Jamaican citizen, your father automatically lost his British citizenship.

Even were he to retain the CUKC citizenship, the British Nationality Act 1981 changed the citizenship status of those whose CUKC citizenship was not by a direct link to the UK to "British Overseas Citizens", who do not have the right to live in the UK.

So, even if he were to qualify for a BOC passport, which is doubtful if he has a Jamaican one, your father would not have the right to live in the UK on that basis.

The only viable option that I see for him is to divorce his wife, marry his current partner, move back to Jamaica and then apply for a spouse visa and qualify for citizenship through that route.

[GoonerT]

Thanks for that secret.simon. I know someone who went down that route and was successful. But everyone has different luck.


I think the reason stopping them marrying is that his partner is also married. But her husband inserted some clause that if she were ever to remarry, her house would revert back to him and also any benefits from their pension plan. Very complicated.


Also as common law partners, I thought they had the same right as married couples?

The home office accepted their relationship but some reason they turned it down, very confusing.

Not sure what to do. My dad has just been diagnosed as depressed, I can see this taking a toll on him.

[vinny]

The solictor we are using said she wanted to try another angle. Jamaica gained independence in 1962, my dad was born before that and his mom came to england about 1960, thus she was a british citizen when he was born and when she travelled. The Solicitor wants the British Jamaican passport she first travelled on to england but we are unable to locate it so far.

Registration?

[noajthan]

...

Also as common law partners, I thought they had the same right as married couples?

...

Common law marriage is a myth, it doesn't exist (in UK) and the parties to such a 'marriage' have no rights.

Suggest friend makes sure his affairs are all in order, see:
http://www.lawsociety.org.uk/for-the-pu ... -together/