Successful application for limited leave to remain in the UK as a proposed civil partner, switching from a visitor visa in the UK

Successful application for limited leave to remain in the UK as a proposed civil partner, switching from a visitor visa in the UK

On September 02, 2021 | In Spouse / Partner Visa | By A Y & J Solicitors

Background

Mr A and his partner Mr B have been together for a few years, and they tried many times to get married overseas during the last year however,all of their attempts failed due to restrictions caused by the COVID-19. About nine months ago, Mr A entered the UK as a visitor and had been living together with his partner, Mr B, at his home. Due to the travel restrictions caused by COVID-19, Mr A wanted to submit his application in the UK to enable him to get married to Mr B in the UK. They then approached us, seeking our help with the application.

How we helped

According to the Appendix FM of Immigration Rules,  Mr A actually had to leave the UK and submit his application in his home country. However, Due to the travel restrictions caused by COVID-19, he could not leave the UK. We advised him to apply for the exceptional assurance before the expiry of his visitor visa and he was granted it, which making it possible to submit this type of application in the UK according to the Home Office’s temporary concession, You are also able to apply for permission to stay to remain in the UK if you have been issued with an ‘exceptional assurance’. You must submit your application before the expiry of your ‘exceptional assurance’.

We then prepared a comprehensive checklist outlining all the documents that Mr A needed to provide to prove their relationship, finance, English and accommodation. During the preparation of his application, Mr A and his partner gave the notice to the council of their intention to get married, which Mr A was not permitted to do in the UK as a visitor. We advised them of the potential risk that the application could be refused because that Mr A breached the Immigration Rules during his stay in the UK. We helped them to draft a detailed letter explaining what exactly happened and the reason why it happened. The couple apologised and confirmed that they would not register their partnership until Mr A was allowed to do so.

Result

We helped Mr A to submit his application and booked an appointment for his biometrics enrolment, and paid for the super-priority service. The Home Office accepted our submission without further enquiries and granted the visa within 24 working hours of the time of the biometrics enrolment.

A Y & J Solicitors

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