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Discussion Starter · #1 ·
Hi
I am intending to apply for the unmarried partner visa but has few questions.
1. My partner is still married to his ex-wife but an annulment case is on going in the Philippines (we have a letter from his lawyer saying that she is handing the case to support our application). I have read that we can still apply even though previous marriages have not been legally dissolved as long as we can prove our relationship. But I am worried that this may still cause a problem? especially that his ex-wife is in UK and his daughter which were his dependants previously. They were separated for 8 years now, and we are together for 6 years and lived together for over 5 years. I met him already separated to his wife but it's just that the annulment hasn't been finalised until now.
2. As we have been living for 5 years, how do we show proof of correspondence? Do we show on a monthly basis? Unfortunately we do not have a lot of letters sent to us. Are they strict with the 6 pieces?
Thanks a lot
Mitch
 

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Where have you read that "we can still apply even though previous marriages have not been legally dissolved as long as we can prove our relationship"?

What visa is your partner on now?

What nationality are you? (you say I am applying for an unmarried partner visa)
 
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The rule is you can apply for a visa provided the divorce/annulment (as confirmed by your lawyer) is in its final stages and on the day you arrive in UK, the process is complete (i.e. issue of decree absolute or annulment document).
 

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Where are you both living now? The location on your first post says Sydenham UK?
 

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Discussion Starter · #5 ·
Hi Crawford

It is on page 26 of APpendix FM it said Note: An applicant whose marriage or civil partnership to a previous partner (or that of an applicant's partner) has not been legally dissolved, may qualify under Appendix FM as an unmarried partner or same sex partner, provided that they meet the criteria of paragraph GEN 1.2 and they provide evidence that the new relationship is genuine and subsisting and that the previous relationship has broken down permanently.
We are living in Sydenham at the moment where we lived for 5 yrs. I am on a student visa and my partner has an indefinite leave to remain.
Do you think there will be a problem?

thanks
 

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Discussion Starter · #6 ·
So are we not allowed to apply even though they have mentioned in the note that we can even though it hasn't been legally dissolved? I think they are strict with marriage but not with unmarried?
 

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They do not interpret the rules more literally for one visa or the other. If your partner is still married your application will fail since you can not show that the previous relationship has irrevocably broken down.
 

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Discussion Starter · #8 ·
He has his annulment case ongoing, so shall we wait until it has been finished? We have a letter from his lawyer to support us thinking that we may qualify since it was stated in the appendix. oh, it is so hard.
 

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Grey area. You may be ok with a lawyer's reassurance that you are in the final stages of legal annulment, or they may request annulment document.
 

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Hi Crawford

It is on page 26 of APpendix FM it said Note: An applicant whose marriage or civil partnership to a previous partner (or that of an applicant's partner) has not been legally dissolved, may qualify under Appendix FM as an unmarried partner or same sex partner, provided that they meet the criteria of paragraph GEN 1.2 and they provide evidence that the new relationship is genuine and subsisting and that the previous relationship has broken down permanently.
We are living in Sydenham at the moment where we lived for 5 yrs. I am on a student visa and my partner has an indefinite leave to remain.
Do you think there will be a problem?

thanks
Sorry I don't see that paragraph anywhere on Page 26 of Appendix FM
 

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There are several versions of FM.
True..... so maybe the OP will come back and tell us in which version.

Maybe even provide a link?
 

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Discussion Starter · #15 ·
thank you!!
My partner is insisting on us trying for it cos my student visa will expire next year and there's no other way for me to switch to a different visa.
I am relying also on what it said in the appendix so i will try.
i have worries though.
 

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Discussion Starter · #16 ·
Hi
It's me again...
Do you think would it be more sensible if I apply for FLR (O) instead? Since my partner's case is a bit complicated. Since he has previously sponsored his ex-partner to come to UK, he might not be eligible to sponsor me again. What do you think? Or perhaps the FLR (FP). I am confused as to which one is appropriate. Please help. thanks
 
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