What Approach Is Best For A Visa For Cp?

[chrischonburi]

I have been living and working in Thailand for 7 years but want to go back to the Uk to get a CP. As I have not been in the Uk for so long how will this affect my partners visa application? We have been in a relationship for over 4 years and can prove this with documents etc. The idea is to go back and try and find work in the Uk and if not successful return to our jobs in Thailand. My friend in the Uk will accomodate us in his 2 double bed flat. I plan to return to the Uk in Feb during my holidays to seek work before my partner hopefully comes in April. We have only around 3k savings but my partner is more qualified than me with a masters in English and Toeic score of 960 and could seemingly get a job in the Uk for 25K++ with his work experience in international companies. Should he wait until I get a job before applying?

What approach is best for a visa for CP?

Any help would be greatly appreciated.

[the scouser]

On the basis that you have demonstrably been living together for in excess of two years, you do not need to undergo a civil partnership in the UK unless, of course, you wish to do so. Instead, your partner may apply for a settlement visa based upon the longevity of your relationship to date.

One of the factors which will need to be satisfied is that you have sufficient income to provide for yourselves in the UK. Savings of £3000.00 aren't really going to cut it, so either you or your partner is going to have to either already be in employment in the UK or to have a firm job offer for when you arrive.

Scouse.

[chrischonburi]

On the basis that you have demonstrably been living together for in excess of two years, you do not need to undergo a civil partnership in the UK unless, of course, you wish to do so. Instead, your partner may apply for a settlement visa based upon the longevity of your relationship to date. One of the factors which will need to be satisfied is that you have sufficient income to provide for yourselves in the UK. Savings of £3000.00 aren't really going to cut it, so either you or your partner is going to have to either already be in employment in the UK or to have a firm job offer for when you arrive.Scouse.

Thanks for the reply.

So if we wanted to just go and have the CP and return to our jobs here we would be unable to do that?

How much money would be acceptable?

If he gets a settlement visa, he can work straight away?

[the scouser]

If your partner simply wants to visit the UK for the purposes of undergoing a civil partnership ceremony, then he may apply for a CP visit visa. He would have to demonstrate that there is enough money from whichever source to pay for the trip and any associated costs. If you decide to settle in the UK, he can work straight away.

Scouse.

[chrischonburi]

If your partner simply wants to visit the UK for the purposes of undergoing a civil partnership ceremony, then he may apply for a CP visit visa. He would have to demonstrate that there is enough money from whichever source to pay for the trip and any associated costs. If you decide to settle in the UK, he can work straight away.

Scouse.

Thanks again.

I take it the CP visit visa is similar to a tourist visa and is only valid for 6 months?

If he gets this kind of visa would he have to leave the country if he was offered a job or can one apply for a settlement visa in the UK?

[chrischonburi]

As was suggested, I went back to the UK 2 weeks ago to secure employment and was successful with an offer on Tuesday. Letter in hand, I hopped back on a plane Wednesday and my partner put the application in today. I think we have a pretty strong case as I now have a job, we have around 5k in savings and have proof of relationship going back 4 years. However onething I dont have is a UK bank account as im in the process of opening one after closing everything down 6 years ago vowing never to return!!! My partner was asked about this today and told the visa section that I had been living here for 6 years and didnt have an account in the UK which is the case. I cant really see this being a reason to deny because I have an account here but it has still left me wondering about it today. 

So can anyone enlighten me on this point?

BTW pre thank you to the posters and their informative posts on this forum. By reading them and following the advice given, I think we put together a nice folder. I guess by Wednesday I will know if it was indeed good advice!

Edited March 28, 2008 by chrischonburi

[the scouser]

Chris,

It is not a requirement of the Immigration Rules for you to have a bank account: you simply have to demonstrate that there are adequate resources available with which to support yourselves.

Scouse.

[chrischonburi]

Thanks for the help scouse.

We submitted the documents last week but didnt get the visa. They require an interview and more evidence of the relationship. Seems rental agreements dating back 4 years were not sufficient. Luckily I have since got a letter from my bank confirming the address 4 years ago and partner has other docs at the same address and an email saved by my partner 4 years ago from me. If that isnt enough for the settlement visa then I would have serious concerns about how fair they are being to same sex couples. They seemed surprised when the documents were handed in that a same sex relationship had started 4 years ago and having no marriage certificate, its not easy proving the length of a same sex relationship.

[the scouser]

Remember that the applicable legal standard in immigration matters is the balance of probabilities. I've come across instances where the relevant embassy has independently raised the bar to the criminal standard. However, at least the application has not been refused out of hand.

Scouse.

[chrischonburi]

My partner got his passport back today after an interview and they gave him a 6 month marriage/cp visa. i am confused as we had enough evidence to prove we have been together for 4 years with rental agreements, bills etc.

He evidently asked when applying which box to tick and they told him cp/ marriage visa which i think was wrong. i told him to go back and query the visa and they said he ticked that box and they cant change it. it seems to me they ripped us off cos we now have to pay more in the uk. am i right?

can someone explain to me why he was given this visa and what we have to do after cp in uk and how much it will cost for further visas? Also if he was given the wrong visa can i do anything about it?

[the scouser]

In section 6.1 of the VAF4 the box "as the unmarried partner of someone settled in the UK" should have been ticked. There's no point asking the staff at the visa application centre as their role is not to advise, but to make sure the form is completed properly. Although they do give out advice, they lack the moral fibre to acknowledge any misinformation they give out, and simply blame the applicant.

The visa your partner appears to have is for the purposes of enabling you to form a civil partnership in the UK after which it will cost you a further £395.00 to extend, and your partner cannot work until such a time as he has this extension following your CP ceremony. You can try asking the embassy to re-issue the visa, but they are probably going to maintain that it was your partner who completed the form and they have simply followed his indicated desire therein. The alternative is for your partner to arrive in the UK and to apply for an extension from the UKBA in Croydon as an unmarried partner at the cost of £395.00.

Scouse.

[chrischonburi]

In section 6.1 of the VAF4 the box "as the unmarried partner of someone settled in the UK" should have been ticked. There's no point asking the staff at the visa application centre as their role is not to advise, but to make sure the form is completed properly. Although they do give out advice, they lack the moral fibre to acknowledge any misinformation they give out, and simply blame the applicant.

The visa your partner appears to have is for the purposes of enabling you to form a civil partnership in the UK after which it will cost you a further £395.00 to extend, and your partner cannot work until such a time as he has this extension following your CP ceremony. You can try asking the embassy to re-issue the visa, but they are probably going to maintain that it was your partner who completed the form and they have simply followed his indicated desire therein. The alternative is for your partner to arrive in the UK and to apply for an extension from the UKBA in Croydon as an unmarried partner at the cost of £395.00.

Scouse.

i told him the box but he wanted to check and that was the advice he was given. He asked the Embassy and they refused saying he ticked the box.

This should be a reminder to others. Dont listen to a thing they tell you in the visa section. They really are an incompetent bunch and by not allowing us to go into their office just allows them to say what useless rubbish they want, without recourse.

Wow an expensive mistake. The CP ceremony will cost £300++ and then a further £395 plus the original £500. what a rip off.

Edited April 16, 2008 by chrischonburi

[the scouser]

I wouldn't necessarily blame the visa section: after all they issued the category of visa which the form indicated had been requested. However, there is certainly a bone to be picked with the visa application centre. I/my clients have had various problems with them, mainly centring around their compelling people to amend their forms. The visa application centre staff are not trained in UK immigration law and should not be giving advice. Indeed, there is an argument which says that it is unlawful for them to do so. Unfortunately, when a complaint is lodged the individual centre member of staff just denies all knowledge and insists that the applicant made any changed of their own volition.

Scouse.

[chrischonburi]

I wouldn't necessarily blame the visa section: after all they issued the category of visa which the form indicated had been requested. However, there is certainly a bone to be picked with the visa application centre. I/my clients have had various problems with them, mainly centring around their compelling people to amend their forms. The visa application centre staff are not trained in UK immigration law and should not be giving advice. Indeed, there is an argument which says that it is unlawful for them to do so. Unfortunately, when a complaint is lodged the individual centre member of staff just denies all knowledge and insists that the applicant made any changed of their own volition.

Scouse.

well yes i meant the visa section. indeed they told my partner that he needed a cp visa and he duly amended the form after i had ticked the correct box. Ive noticed a Thai will always listen to a Thai and believe them rather than us farang.

if I go the croydon route, what visa does he get? Im assuming we take all the docs we have and apply again for a settlement visa. will he have to do anything else after this visa or is that it no more visa payments? also, is this route a good one to go, ie is it quick and easy?

if i go the cp route first, after getting the cp, where and how do we apply for the visa and is this a long process as he really needs to start work asap?

thanks for the help

[the scouser]

Your partner can make an application to Croydon for the same permission as he would have received had he been issued the correct visa by Bangkok; i.e. 2 years as an unmarried partner. This will cost a further £395.00 for a postal application. If you decide to form your civil partnership, your partner may then apply to Croydon after the ceremony for the 2-year extension as your civil partner, again this costs £395.00 for a postal application. Whichever route you go down, he may then apply for indefinite leave at the conclusion of the two years, providing he meets the requirements. ILR currently costs £750.00 for a postal application.

Scouse.

[chrischonburi]

Thanks for the help