# Dependent Visa or ??



## Gr4ce (Jun 3, 2010)

Hi Everyone,

My name is Grace and I'm new in this forum. I'm hoping to get some useful info. I'm currently staying in UK on dependent visa. My partner and I met at the uni in Scotland eight years ago. At that stage, I did not finish my uni due to financial & family issue. And now I'm under his dependent visa for almost 4 years. These few days, my partner seems to decide to go separate way but I'm still thinking to stay in the UK. Can you please tell me how to continue my stay in the UK legally? Which visa I should apply? Before he make a final decision, I think I should be prepared...

Many thanks


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## Joppa (Sep 7, 2009)

Gr4ce said:


> Hi Everyone,
> 
> My name is Grace and I'm new in this forum. I'm hoping to get some useful info. I'm currently staying in UK on dependent visa. My partner and I met at the uni in Scotland eight years ago. At that stage, I did not finish my uni due to financial & family issue. And now I'm under his dependent visa for almost 4 years. These few days, my partner seems to decide to go separate way but I'm still thinking to stay in the UK. Can you please tell me how to continue my stay in the UK legally? Which visa I should apply? Before he make a final decision, I think I should be prepared...
> 
> Many thanks


So you are here on unmarried partner visa. You are able to apply for indefinite leave to remain (ILR) after 2 years, so you should be able to apply now. When granted, there will be no time limit on your stay and you can take any job you like, and you can carry on living here even if your partnership later breaks down. The only sticking point is when applying for ILR, Home Office must be satisfied that _'the relationship is subsisting and that each of the parties has the intention to live together permanently with the other as his or her unmarried or same sex partner in a relationship akin to marriage or a civil partnership.'_ So your partner needs to support your application, e.g. still holding joint bank account, joint tenancy or mortgage etc. But even then, if the Home Office can prove, e.g. by way of an affidavit by your partner, that the relationship was already floundering at the time of application, your ILR can be cancelled on the ground of fraudulent or dishonest application and you can be deported. It may be a good idea to see an immigration lawyer or advisor (ask at citizens advice) before you submit your application. Pity you didn't apply for ILR two years ago.


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## Gr4ce (Jun 3, 2010)

Thank you very much Joppa. Yes, currently I'm on unmarried partner visa. I should've searched more info about visa/ILR earlier. I never thought things will not go as plan..  And I'm not sure if he can wait for another two years. Do you know how much it'll cost for an immigration laywer or advisor? I know the Home Office rules are very strict and I don't blame them as they are just trying to get the best for Britain. Thank you


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## Joppa (Sep 7, 2009)

Gr4ce said:


> Thank you very much Joppa. Yes, currently I'm on unmarried partner visa. I should've searched more info about visa/ILR earlier. I never thought things will not go as plan..  And I'm not sure if he can wait for another two years. Do you know how much it'll cost for an immigration laywer or advisor? I know the Home Office rules are very strict and I don't blame them as they are just trying to get the best for Britain. Thank you


No, you can apply NOW as you have been on UPV for more than 2 years. The problem is that to be approved for ILR, your relationship must be subsisting and both of you intend to stay together permanently which, by your account, are no longer the case. It boils down to whether your partner is willing to go along with it and support your application, and will not turn around and tell Home Office (out of spite?) afterwards that your relationship was in fact failing then and you made a fraudulent application. This is a tricky area and that's why I said consult a professional. If you go to an immigration advisor suggested by citizens advice, free advice may be available. Normal solicitor's fee is around £150 to £200 an hour, though you may get the first half an hour free. Make sure they are licenced by Home Office to offer immigration advice.


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## Gr4ce (Jun 3, 2010)

Thanks Joppa - will find more info from citizen advice bureau 1st then will try to discuss with my partner too. The problem often comes from his family...they think I'm not good enough etc for their son...anyway, I should prepare just in case...many thanks for your advise.


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## Joppa (Sep 7, 2009)

Gr4ce said:


> Thanks Joppa - will find more info from citizen advice bureau 1st then will try to discuss with my partner too. The problem often comes from his family...they think I'm not good enough etc for their son...anyway, I should prepare just in case...many thanks for your advise.


There is a 'shop an illegal immigrant' email hotline on UK Border Agency site, for anyone with a grudge against a foreigner can use.
UK Border Agency | Reporting an immigration crime or smuggling


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## Gr4ce (Jun 3, 2010)

Thanks Joppa - I have another question...what will happen if I have ILR and then I split with my partner? Does this mean that my ILR status will still be valid? Please advise...many thanks


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## Joppa (Sep 7, 2009)

Gr4ce said:


> Thanks Joppa - I have another question...what will happen if I have ILR and then I split with my partner? Does this mean that my ILR status will still be valid? Please advise...many thanks


Provided your relationship wasn't failing at the time of applying for your ILR, then any subsequent breakdown won't affect your status. But if your relationship is already rocky and despite this you apply for ILR, you don't meet one of the requirements - intention to live together permanently, and you will be making a fraudulent application, and if the truth is revealed, the Border Agency can cancel your ILR and deport you, though you do have the right of appeal. It only takes someone with a grudge to report you to the Home Office.
That's why I've advised you to consult an immigration advisor before you take your next step.


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