Unmarried couple / Colombian - Romanian

[cataana]

Dear all,

I have been reading the posts on this forum for a while now and every time I feel so happy for those who have succeeded. It just makes me think that there is a hope for us as well…

Briefly, I am a Romanian national who came to the UK on a student visa for a one year MSc (October 2003- October 2004). While in the UK I met a Colombian (on a student visa for MSc) and we soon became a couple. My partner is doing now a fully funded PhD and he has a student visa until the beginning of 2009.
Just before my student visa expired (Oct.2004) I applied from the UK for a self-employed visa under the EC Association Agreement. After one year of waiting I received the refusal – ‘do not have a particular immigration document’ (I have been told that after the corruption problem within this scheme they do not allow switching anymore).
In my desperation I got in touch with the Reallocation Advisory Office in Glasgow. They were very proactive and suggested applying for the Fresh Talent: Working in Scotland that I was still eligible for the next 10 days. I’ve been told that during the 10 days of the appeal period for the ECAA refusal I still keep my student status. However, in February 2006 I received a new refusal because I do not have limited leave to enter or remain as a student. So now I am back in Romania struggling to find a solution to be back again with my partner and go on with our life.

We’ve discussed all the options we have and that we are aware of…
1.HSMP: I am not eligible anymore;
2.More studies: I do not have enough money to pay the fees and since Romania will be part of the EU next year (hopefully) why pay now 4 times more when we can use the money for getting a house for e.g.?
3.Marriage: we do not want a rushed wedding or the slightest though of visa urge in it. However, we are going to get married in Romania next summer, no matter what.
4.Unmarried couple: I am not sure if we are eligible for that since he is not a British citizen. We’ve also been living in an University Hall for the first year, the same address, but different rooms. Besides he is now living in a shared flat, with 3 more students and I am not sure this would be considered suitable accommodation.
5.Tourist: this would seem the easiest option, just to keep us together until Romania will join the EU. However, since I returned to Romania I haven’t got any job and how can I get one knowing that I am not going to stay, that my life is not here anymore?! And even if I would get a job now, who is going to believe that I’ve got holiday after just one month of employment?!

My partner is coming to Romania in June for a short holiday. We will use this opportunity to go together to the Embassy and apply for something. We are not sure at the moment what to apply for since there are drawbacks in every option and since my immigration history is not great. We would both greatly appreciate any advice or suggestions that might give us a little hope. It is so difficult to live waiting for a visa and postpone all the important things in life for later…

Many thanks,
Cata

[John]

Cata, you say "we are going to get married in Romania next summer". You mean summer of 2006? If so that is clearly the way to proceed.

That is, get married in Romania and then he would apply for you to be the holder of a spouse visa dependent upon your husband's (as he will be) student visa.

That will hopefully get you to the UK. Then when Romania is in the EU it might be possible to re-arrange matters based upon the EU rights you will start to acquire.

[cataana]

Hi John!

Thanks very much for the prompt reply!

We will get married in summer 2007. That’s why we need to find another way to get together this year…

Can you think of any other solution? Do you think we have few chances if we go for the tourist or unmarried couple visa?

Thanks a lot!

Cata