Fiancée Settlement
May 22nd 2018, 10:20 am
#1
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Joined: May 2018
Posts: 6
Fiancée Settlement
Hi there,
Just looking for advice on my situation. I'm Australian and I met my UK partner on a youth mobility visa in 2015 and have been together since. She has a child from a previous relationship who is now 4. I met him when he was 18 months old and he is like my own child.
In September 2016, I proposed to her in the hopes of moving to Australia but her son's father will not allow him to move overseas.
She does not make the financial requirement due to looking after her son full time and only being able to work part time.
I am back in Australia as I did not wish to overstay my visa but have been given a letter of prospective employment from my previous job in the U.K that would ensure that we would make the financial requirement as well as a statement from my parents stating they would give financial support.
I work cash in hand in Australia as well as study full time.
is there anyway the circumstances of her son's father not allowing him to leave the country, classified as exceptional circumstances? Or has anyone had a similar experience?
Really struggling with what to do and am possibly just going to give it a shot at the fiancé settlement visa.
thank you for any advice in advance.
Just looking for advice on my situation. I'm Australian and I met my UK partner on a youth mobility visa in 2015 and have been together since. She has a child from a previous relationship who is now 4. I met him when he was 18 months old and he is like my own child.
In September 2016, I proposed to her in the hopes of moving to Australia but her son's father will not allow him to move overseas.
She does not make the financial requirement due to looking after her son full time and only being able to work part time.
I am back in Australia as I did not wish to overstay my visa but have been given a letter of prospective employment from my previous job in the U.K that would ensure that we would make the financial requirement as well as a statement from my parents stating they would give financial support.
I work cash in hand in Australia as well as study full time.
is there anyway the circumstances of her son's father not allowing him to leave the country, classified as exceptional circumstances? Or has anyone had a similar experience?
Really struggling with what to do and am possibly just going to give it a shot at the fiancé settlement visa.
thank you for any advice in advance.
May 22nd 2018, 11:00 am
#2
Concierge
Joined: Jan 2013
Location: Western Australia
Posts: 21,138
Re: Fiancée Settlement
Hi there,
Just looking for advice on my situation. I'm Australian and I met my UK partner on a youth mobility visa in 2015 and have been together since. She has a child from a previous relationship who is now 4. I met him when he was 18 months old and he is like my own child.
In September 2016, I proposed to her in the hopes of moving to Australia but her son's father will not allow him to move overseas.
She does not make the financial requirement due to looking after her son full time and only being able to work part time.
I am back in Australia as I did not wish to overstay my visa but have been given a letter of prospective employment from my previous job in the U.K that would ensure that we would make the financial requirement as well as a statement from my parents stating they would give financial support.
I work cash in hand in Australia as well as study full time.
is there anyway the circumstances of her son's father not allowing him to leave the country, classified as exceptional circumstances? Or has anyone had a similar experience?
Really struggling with what to do and am possibly just going to give it a shot at the fiancé settlement visa.
thank you for any advice in advance.
Just looking for advice on my situation. I'm Australian and I met my UK partner on a youth mobility visa in 2015 and have been together since. She has a child from a previous relationship who is now 4. I met him when he was 18 months old and he is like my own child.
In September 2016, I proposed to her in the hopes of moving to Australia but her son's father will not allow him to move overseas.
She does not make the financial requirement due to looking after her son full time and only being able to work part time.
I am back in Australia as I did not wish to overstay my visa but have been given a letter of prospective employment from my previous job in the U.K that would ensure that we would make the financial requirement as well as a statement from my parents stating they would give financial support.
I work cash in hand in Australia as well as study full time.
is there anyway the circumstances of her son's father not allowing him to leave the country, classified as exceptional circumstances? Or has anyone had a similar experience?
Really struggling with what to do and am possibly just going to give it a shot at the fiancé settlement visa.
thank you for any advice in advance.
Are/were any of your grandparents UK citizens?
May 22nd 2018, 11:24 am
#3
Just Joined
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Joined: May 2018
Posts: 6
Re: Fiancée Settlement
Hi there,
Thank you
unfortunately not, only great grandparents on my fathers side.
Thank you
unfortunately not, only great grandparents on my fathers side.
Last edited by Ryder24; May 22nd 2018 at 11:31 am.
May 22nd 2018, 11:47 am
#5
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Joined: May 2018
Location: Kathmandu Nepal
Posts: 13
Re: Fiancée Settlement
I sympathise with your situation but do you really want to separate the kid from his father? A tough one as we normally hear this from the other side but i don't know if i could do it mate. Can you not stay in the UK and make a life together to include the kids dad?
May 22nd 2018, 11:50 am
#6
Concierge
Joined: Jan 2013
Location: Western Australia
Posts: 21,138
Re: Fiancée Settlement
That's exactly what the OP is doing - trying to find an avenue to migrate permanently to the UK.
May 22nd 2018, 1:03 pm
#7
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Joined: May 2018
Posts: 6
Re: Fiancée Settlement
We have had many discussions over the last two and a half years, and we thought it was in the best interest of her son and his father to try and remain in the UK and not go through the hardship of custody battles and what not. I'm a child of divorce and my main concern is my hopefully, future step sons, wellbeing and relationship with his dad.
Theres just no information on this kind of situation so just looking for advice of a similar situation. Thank you
May 22nd 2018, 1:23 pm
#9
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Joined: May 2018
Posts: 6
Re: Fiancée Settlement
Basically we had originally two years ago looked at moving to Australia but I'm a child of divorce and we had a lot of discussions and decided it would be in her son's best interest to keep him with his father.
we didn't want to go through custody battles and lawsuits as we all have made a better relationships between co-parenting over the past two and a years, that being said I'm not sure what options we have due to her being the full time parent meaning she cannot meet the financial requirement and he cannot care full time for his son to give her that opportunity.
He has stated that he would write a letter for our visa stating that he would not allow his son to leave the country, which is our only idea of an "exceptional circumstance" that would allow our other financial options to be put forth.
May 22nd 2018, 10:21 pm
#10
Joined: Feb 2012
Location: Not in Paris
Posts: 18,193
Re: Fiancée Settlement
If you and your partner don't meet the financial requirements then there is little point in applying for a fiancé visa as it will simply be refused. Had you applied before the expiry of your Tier 5 visa then you could've used your income to meet the financial requirements and simply switched to a spouse/unmarried partner visa in order to remain in the UK. Having a job offer in the UK is only useful if your prospective employer is willing and able to sponsor you for a Tier 2 visa.
If the child's father refuses to permit his son to leave the UK then legally you would need a court order to take him to Australia. Australia will also not issue him with a visa without this permission in place. The court will consider what is in the best interests of the child which is not necessarily going to be what you or the mother would like to do.
You mentioned British-born great-grandparents; any other recent European ancestry?
If the child's father refuses to permit his son to leave the UK then legally you would need a court order to take him to Australia. Australia will also not issue him with a visa without this permission in place. The court will consider what is in the best interests of the child which is not necessarily going to be what you or the mother would like to do.
You mentioned British-born great-grandparents; any other recent European ancestry?
May 23rd 2018, 9:29 am
#11
Just Joined
Joined: May 2018
Location: Kathmandu Nepal
Posts: 13
Re: Fiancée Settlement
We have had many discussions over the last two and a half years, and we thought it was in the best interest of her son and his father to try and remain in the UK and not go through the hardship of custody battles and what not. I'm a child of divorce and my main concern is my hopefully, future step sons, wellbeing and relationship with his dad.
Theres just no information on this kind of situation so just looking for advice of a similar situation. Thank you
May 23rd 2018, 1:14 pm
#12
Just Joined
Thread Starter
Joined: May 2018
Posts: 6
Re: Fiancée Settlement
If you and your partner don't meet the financial requirements then there is little point in applying for a fiancé visa as it will simply be refused. Had you applied before the expiry of your Tier 5 visa then you could've used your income to meet the financial requirements and simply switched to a spouse/unmarried partner visa in order to remain in the UK. Having a job offer in the UK is only useful if your prospective employer is willing and able to sponsor you for a Tier 2 visa.
If the child's father refuses to permit his son to leave the UK then legally you would need a court order to take him to Australia. Australia will also not issue him with a visa without this permission in place. The court will consider what is in the best interests of the child which is not necessarily going to be what you or the mother would like to do.
You mentioned British-born great-grandparents; any other recent European ancestry?
If the child's father refuses to permit his son to leave the UK then legally you would need a court order to take him to Australia. Australia will also not issue him with a visa without this permission in place. The court will consider what is in the best interests of the child which is not necessarily going to be what you or the mother would like to do.
You mentioned British-born great-grandparents; any other recent European ancestry?
All European ancestry is with great grandparents and older.
I'm aware that we pretty much don't meet any other avenues due to the circumstances we are in, by the time we had made a committed decision, I would be overstating my visa. These decisions aren't easy to make. I also will have to give up my uni degree or transfer to a university in England as we have commonwealth supported places in Australia that allow you to pay your degree fees back after you earn a certain amount of money.
At the time we were a tad uneducated on terms used on the hmrc website and in the can and cannot of the tier 5 visa, it didn't state that I could switch visas only that I couldn't extend which wasn't a great amount of information and I still believe is quite bad terminology and information.
I've researched alot over the last 6 months and know my avenue is small unless we have the ridiculous amount of cash savings, which is hard as I study full time and work part time. Whilst my partner cannot afford to pay for extra child care so she can work full time with a shared ownership mortgage, plus rent. At the moment I'm working to contribute to food, rent and anything else needed for them both.
My question was really to see if we have "exceptional circumstances" due to not being able to move a child to another country as it would be a detriment to their relationship with a father and if it would be an interference with the right to a private life.... im just looking to see if anyone else had been through something similar in regards to being a future step parent and the issues of not being able to move a child due to another parent.
I probably should have been more clear in stating this. Thank you for your advice
.Last edited by Ryder24; May 23rd 2018 at 1:17 pm.
May 23rd 2018, 1:21 pm
#13
Joined: Feb 2012
Location: Not in Paris
Posts: 18,193
Re: Fiancée Settlement
All European ancestry is with great grandparents and older.
I'm aware that we pretty much don't meet any other avenues due to the circumstances we are in, by the time we had made a committed decision, I would be overstating my visa. These decisions aren't easy to make. I also will have to give up my uni degree or transfer to a university in England as we have commonwealth supported places in Australia that allow you to pay your degree fees back after you earn a certain amount of money.
At the time we were a tad uneducated on terms used on the hmrc website and in the can and cannot of the tier 5 visa, it didn't state that I could switch visas only that I couldn't extend which wasn't a great amount of information and I still believe is quite bad terminology and information.
I've researched alot over the last 6 months and know my avenue is small unless we have the ridiculous amount of cash savings, which is hard as I study full time and work part time. Whilst my partner cannot afford to pay for extra child care so she can work full time with a shared ownership mortgage, plus rent. At the moment I'm working to contribute to food, rent and anything else needed for them both.
My question was really to see if we have "exceptional circumstances" due to not being able to move a child to another country as it would be a detriment to their relationship with a father and if it would be an interference with the right to a private life.... im just looking to see if anyone else had been through something similar in regards to being a future step parent and the issues of not being able to move a child due to another parent.
I probably should have been more clear in stating this. Thank you for your advice
.What other European ancestry do you have at the great-grandparent level?
