British Expats

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-   Singapore (https://britishexpats.com/forum/singapore-131/)
-   -   common law proof (https://britishexpats.com/forum/singapore-131/common-law-proof-882217/)

Aaronsarah Aug 23rd 2016 5:59 pm

common law proof
 
Hi all,
I am currently in the process of moving over
to Singapore with my partner but it's proving a little more difficult as we are not married. Can anyone give me any kind of info into how/where I can get the proof of our partnership they need?
Many thanks

scot47 Aug 23rd 2016 6:41 pm

Re: common law proof
 
Not all jurisdictions accept common law marriage.

Aaronsarah Aug 23rd 2016 7:23 pm

Re: common law proof
 

Originally Posted by scot47 (Post 12033366)
Not all jurisdictions accept common law marriage.

This is what we've been asked to get by the company.

Pulaski Aug 23rd 2016 7:36 pm

Re: common law proof
 

Originally Posted by scot47 (Post 12033366)
Not all jurisdictions accept common law marriage.

Singapore can give a "long term visit pass" to an unmarried partner.

sayang Aug 26th 2016 3:41 am

Re: common law proof
 
Are you British?

As the UK government does not recognise common law marriage, you can't get the proof. An affadivit used to be enough, but SG govt now wants confirmation from the government involved (embassy/ high commission)

So, get married.

Aaronsarah Aug 26th 2016 10:06 am

Re: common law proof
 
[QUOTE=sayang;12035406]Are you British?

As the UK government does not recognise common law marriage, you can't get the proof. An affadivit used to be enough, but SG govt now wants confirmation from the government involved (embassy/ high commission)

So, get married.[/QUOT
thank you for your reply. Yes we are British. We've managed to find something online we have just got to get a solicitor to witness and sign so no need to get married 😂

Pulaski Aug 26th 2016 12:42 pm

Re: common law proof
 

Originally Posted by sayang (Post 12035406)
Are you British?

As the UK government does not recognise common law marriage, you can't get the proof. An affadivit used to be enough, but SG govt now wants confirmation from the government involved (embassy/ high commission)

So, get married.

You do NOT have to get married to obtain a "long term visitor pass". See post #4 above.

sayang Aug 29th 2016 8:19 am

Re: common law proof
 
Correct - but you do need to show that you are a common law spouse.

Under UK law, there is no such thing - there is marriage and civil partnership (civil partnership only available for same sex relationships - but outside NI same sex couples can also now get married)

. But Singapore requires:

Any one of the following: •Copy of the common-law marriage certificate.
•A letter from the embassy acknowledging that the work pass holder (WPH) and spouse are in a common-law relationship under the laws of their country.
•An affidavit from the WPH declaring that the WPH and spouse are in a common-law relationship under the laws of their country. The affidavit must also be notarised in that same country.

If MOM is still happy to accept an affidavit that the couple are living together etc and that counts as a common law marriage, even though there is no legal basis for it, then fine.

Karl1988 Aug 30th 2016 12:07 pm

Re: common law proof
 
I recently got a long term visit pass for my partner and we're unmarried. Myself, my partner and mother wrote affidavits (which were originally for an Australia visa application) and provided this to MOM and it got accepted within a few working days. Now we have both an Oz visa and Employment pass and LTVP in Singapore. Travelling last week in September :).

Aaronsarah Aug 30th 2016 7:06 pm

Re: common law proof
 

Originally Posted by Karl1988 (Post 12038821)
I recently got a long term visit pass for my partner and we're unmarried. Myself, my partner and mother wrote affidavits (which were originally for an Australia visa application) and provided this to MOM and it got accepted within a few working days. Now we have both an Oz visa and Employment pass and LTVP in Singapore. Travelling last week in September :).

That's fab, thanks for the advise 😉

scot47 Aug 30th 2016 8:31 pm

Re: common law proof
 
Aint no such thing as "UK Law". Different jurisdictions within the UK. Scots Law has long recognised "marriage by habit and repute"


I do agree that the best path is to get married but we do not know if there are impediments to that in this case.

bilbeym Oct 25th 2016 6:46 pm

Re: common law proof
 
Can you please advise what you found online??

Trine Nov 8th 2016 3:50 pm

Re: common law proof
 

Originally Posted by Aaronsarah (Post 12039333)
That's fab, thanks for the advise 😉

My son is trying to arrange a long term visit visa for his Japanese G/F they have been living in Tokyo he is British and his job is moving to Singapore if they get affidavit do they need to get that notarised in Japan order in UK

Trine Nov 10th 2016 7:20 am

Re: common law proof
 
[QUOTE=Trine;12098737]My son is trying to arrange a long term visit visa for his Japanese G/F they have been living in Tokyo he is British and his job is moving to Singapore if they get affidavit do they need to get that notarised in Japan or in the uk?

Tvrdavey Feb 7th 2017 10:15 am

Re: common law proof
 

Originally Posted by Karl1988 (Post 12038821)
I recently got a long term visit pass for my partner and we're unmarried. Myself, my partner and mother wrote affidavits (which were originally for an Australia visa application) and provided this to MOM and it got accepted within a few working days. Now we have both an Oz visa and Employment pass and LTVP in Singapore. Travelling last week in September :).

Hi Karl,

Did you submit your application manually or via Singpass?

Only ask as my employer submitted out by Singpass using exactly the same documents as you and it was rejected. Seems to be pot luck as to whether they accept the affidavit or not?

Dave

DigitalGhost Feb 15th 2017 10:12 am

Re: common law proof
 

Originally Posted by Trine (Post 12098737)
My son is trying to arrange a long term visit visa for his Japanese G/F they have been living in Tokyo he is British and his job is moving to Singapore if they get affidavit do they need to get that notarised in Japan order in UK

Good luck getting that notarised in Japan. The Japanese legal system recognises common law relationships even less than Britain does. In Japan you're either married or you're not, there is no in-between. Cohabiting in most parts of Japan is perfectly fine these days but don't expect to get any legal support off the back of it.

Tvrdavey Feb 15th 2017 10:23 am

Re: common law proof
 
[QUOTE=Trine;12100934]

Originally Posted by Trine (Post 12098737)
My son is trying to arrange a long term visit visa for his Japanese G/F they have been living in Tokyo he is British and his job is moving to Singapore if they get affidavit do they need to get that notarised in Japan or in the uk?

I would assume you can get it notarised in the U.K., but whether it is worth doing or not is another question. Seems that some applications are accepted and some rejected. Pot luck!

stumc82 Mar 13th 2017 10:00 am

Re: common law proof
 
[QUOTE=Aaronsarah;12035555]

Originally Posted by sayang (Post 12035406)
Are you British?

As the UK government does not recognise common law marriage, you can't get the proof. An affadivit used to be enough, but SG govt now wants confirmation from the government involved (embassy/ high commission)

So, get married.[/QUOT
thank you for your reply. Yes we are British. We've managed to find something online we have just got to get a solicitor to witness and sign so no need to get married 😂

Can you share the information you found online? I'm in a similar situation would welcome guidance.

CatF Mar 23rd 2017 1:15 am

Re: common law proof
 
[QUOTE=Aaronsarah;12035555]

Originally Posted by sayang (Post 12035406)
Are you British?

As the UK government does not recognise common law marriage, you can't get the proof. An affadivit used to be enough, but SG govt now wants confirmation from the government involved (embassy/ high commission)

So, get married.[/QUOT
thank you for your reply. Yes we are British. We've managed to find something online we have just got to get a solicitor to witness and sign so no need to get married 😂

Hi Guys,

We are in a similar situation, nothing seems to be clear online about this. What did you find online and did you get your affidavit notarised by a UK solicitor?

Thanks for your help

Tvrdavey Mar 23rd 2017 1:33 am

Re: common law proof
 
[QUOTE=CatF;12210827]

Originally Posted by Aaronsarah (Post 12035555)

Hi Guys,

We are in a similar situation, nothing seems to be clear online about this. What did you find online and did you get your affidavit notarised by a UK solicitor?

Thanks for your help

We had ours notarised by public notary in the UK, but was unsuccessful.

CatF Mar 23rd 2017 1:53 am

Re: common law proof
 
[QUOTE=Tvrdavey;12210843]

Originally Posted by CatF (Post 12210827)

We had ours notarised by public notary in the UK, but was unsuccessful.

Ok thanks. So what were your next steps? Thanks

Tvrdavey Mar 23rd 2017 2:00 am

Re: common law proof
 
[QUOTE=CatF;12210854]

Originally Posted by Tvrdavey (Post 12210843)

Ok thanks. So what were your next steps? Thanks

Seems there is little you can do. Strictly speaking it's impossible to provide the evidence the Singapore authorities are looking for if you are a UK citizen. In some cases they seem to regard the affidavit as acceptable, but in other cases (like ours) they do not.

Any suggestions as to what the next step is are welcome!

sayang Apr 3rd 2017 2:04 am

Re: common law proof
 
Get married is the obvious next step... (we got married for visa reasons too, 17 years ago...)

Hads101 Apr 11th 2017 3:14 am

Re: common law proof
 
Hi all,

This is my first post on here. I recently moved over here from the UK (1st April) and my partner and me are also unmarried. I am on an EP. We had a notary sign an affidavit and provided all of the usual documents requested and it was fine for the LTVP - 2 years granted. I think if your employer applies for the LTVP for your unmarried partner you have a much better chance of being accepted.

Good luck.

Tvrdavey Apr 12th 2017 7:47 am

Re: common law proof
 

Originally Posted by Hads101 (Post 12226388)
Hi all,

This is my first post on here. I recently moved over here from the UK (1st April) and my partner and me are also unmarried. I am on an EP. We had a notary sign an affidavit and provided all of the usual documents requested and it was fine for the LTVP - 2 years granted. I think if your employer applies for the LTVP for your unmarried partner you have a much better chance of being accepted.

Good luck.

Thanks for the info, sent you a PM

Hads101 Apr 12th 2017 7:51 am

Re: common law proof
 
No problem, I cant view my messages until I have posted 3 times! One sec.

Hads101 Apr 12th 2017 7:53 am

Re: common law proof
 
That should do it...

Abarrow88 Apr 22nd 2017 11:18 am

Re: common law proof
 

Originally Posted by Hads101 (Post 12226388)
Hi all,

This is my first post on here. I recently moved over here from the UK (1st April) and my partner and me are also unmarried. I am on an EP. We had a notary sign an affidavit and provided all of the usual documents requested and it was fine for the LTVP - 2 years granted. I think if your employer applies for the LTVP for your unmarried partner you have a much better chance of being accepted.

Good luck.

Hi Hads,
Me and my partner are in the same situation, in that he has started his employment in Singapore with a two year employment pass and we are unmarried. We are both from the UK. Can I ask which country you are from? Has your partner been granted a visa? We have a mortgage together, not sure if that will help! Did you include any adoditional documentation? Pretty stressful situation ATM and I'm convinced marriage isn't the answer!
Thanks
Amelia

Dunk78 Jul 6th 2017 8:49 am

Re: common law proof
 
Hi everyone, myself and partner are moving Singapore next month and are in a similar position to yourselves:

She and I are both British. We have been living together in the UK for over 10 years, have had a joint mortgage since 2011 (with statements) and have joint council tax statements dating back to then. We also have joint life insurance policy.

I will be on an EP through my employer and they will also submit the application for my partner's LTVP. We plan to provide the above evidence plus notarised affidavit(s).

My query / request is, does anyone that has been successful have any further advice and also would they be able to provide a template of what is considered an acceptable affidavit / declaration by Singapore MOM?

Thanks very much in advance for any help any of you can provide.

JJ89 Jul 27th 2017 6:39 am

Re: common law proof
 

Originally Posted by Dunk78 (Post 12288034)
Hi everyone, myself and partner are moving Singapore next month and are in a similar position to yourselves:

She and I are both British. We have been living together in the UK for over 10 years, have had a joint mortgage since 2011 (with statements) and have joint council tax statements dating back to then. We also have joint life insurance policy.

I will be on an EP through my employer and they will also submit the application for my partner's LTVP. We plan to provide the above evidence plus notarised affidavit(s).

My query / request is, does anyone that has been successful have any further advice and also would they be able to provide a template of what is considered an acceptable affidavit / declaration by Singapore MOM?

Thanks very much in advance for any help any of you can provide.

Hi all, my partner and I are in a similar situation. We are both Scottish and I have a potential job offer on Singapore. The company will apply for an employment pass for me and I was hoping a LTVP for my partner. I emailed Ministry of Manpower to ask about the affadavit and what they need. Their response was:
"We wish to share that United Kingdom (UK) nationals are not eligible for Long-Term Visit Passes (LTVP) for common-law spouses, as such relationships do not have legal status under UK law. We are therefore unable to consider your LTVP application."
As the quote I got from a lawyer for preparing an affadavit is around 250 pounds, I don't really want to do that if they are saying they won't accept it. However, from know this thread MoM obviously have accepted an affadavit fairly recently!

Abarrow88 Jul 27th 2017 6:55 am

Re: common law proof
 
Hi all,
I'm very happy to say that my LTVP has been approved in principal.
Background info: both from the UK, my boyfriend is on a two year E-pass, I haven't got a job yet, we aren't married but have a mortgage together.
We paid a solicitor in the UK to prepare an affidavit which stated we were living as common law husband and wife. I think it was around £120. We also included the details of the home we share in the affidavit. About two weeks after submitting the application they requested the deeds of our house and joint bank account details. After these were forwarded my visa was approved in principal. I just need to arrange an apppointment with MOM for fingerprints etc.

JJ89 Jul 27th 2017 7:23 am

Re: common law proof
 

Originally Posted by Abarrow88 (Post 12303967)
Hi all,
I'm very happy to say that my LTVP has been approved in principal.
Background info: both from the UK, my boyfriend is on a two year E-pass, I haven't got a job yet, we aren't married but have a mortgage together.
We paid a solicitor in the UK to prepare an affidavit which stated we were living as common law husband and wife. I think it was around £120. We also included the details of the home we share in the affidavit. About two weeks after submitting the application they requested the deeds of our house and joint bank account details. After these were forwarded my visa was approved in principal. I just need to arrange an apppointment with MOM for fingerprints etc.

That's great news!! So clearly it is not as cut and dry as the email they sent me suggests. My partner and I rent a property together but do not have a mortgage or a shared bank account so o imagine they may not look upon us so favourably even with an affadavit. Thanks for the update though.

JJ89 Jul 27th 2017 4:53 pm

Re: common law proof
 

Originally Posted by Abarrow88 (Post 12303967)
Hi all,
I'm very happy to say that my LTVP has been approved in principal.
Background info: both from the UK, my boyfriend is on a two year E-pass, I haven't got a job yet, we aren't married but have a mortgage together.
We paid a solicitor in the UK to prepare an affidavit which stated we were living as common law husband and wife. I think it was around £120. We also included the details of the home we share in the affidavit. About two weeks after submitting the application they requested the deeds of our house and joint bank account details. After these were forwarded my visa was approved in principal. I just need to arrange an apppointment with MOM for fingerprints etc.

Can I ask a little more about the affadavit and the wording of it? I know you said you put details of your home into it, did you provide any other evidence of your relationship or did it just detail that you were cohabiting etc? There seems to be very little online about exactly what should be included and I imagine it may vary from lawyer to lawyer!
Thanks

scot47 Jul 27th 2017 5:09 pm

Re: common law proof
 
"Marriage by habit and repute" is legal under Scots Law. UK Law is not unitary. there are different legal systems working within the UK. Rather than fight your corner, it might be easier just to get married. i am assuming that there is no legal impediment to that.

JJ89 Jul 27th 2017 5:24 pm

Re: common law proof
 

Originally Posted by scot47 (Post 12304324)
"Marriage by habit and repute" is legal under Scots Law. UK Law is not unitary. there are different legal systems working within the UK. Rather than fight your corner, it might be easier just to get married. i am assuming that there is no legal impediment to that.

Thank you, yes I was having a look at the differences in Scots Law too. I am starting to think marriage might be easier too but that seems a little extreme!!

scot47 Jul 27th 2017 5:51 pm

Re: common law proof
 
Marriage ? Itr is painless. I have done it quite a few times !

Ihza84 Aug 15th 2017 9:15 am

Re: common law proof
 
Hi - me and my partner moved here in March and originally were told we had to get married as its the easiest way to get him a visa.
He was Australian and I have a UK passport and were living in Switzerland at the time. But with a bit of research we saw the Australia issues 'certificate of relationship' - which is a legal document confirming status. We submitted this to the MOM and he was given an LTVP attached to my EP. The process was quick so you would know the result straight away if it was successful.
I think a solicitor witnessed affidavit will suffice. Good luck!!

LEarls15 Jan 3rd 2018 5:03 pm

Re: common law proof
 
Hi all

I am about to go through a similar process. I will be gaining a EP and my bf i would like to get a visa and eventually apply to work. We have a mortgage for 5 years and joint accounts and both Uk citizens.

If any successful people can send me their solicitor details and or proposed wording so we have a good chance of being successful.


My company will manage our applications but I want to give us the best chance given that it can be tricky.

Thanks all in advance!!

travellerdee May 10th 2018 7:41 pm

Re: common law proof
 
Hi Everyone,

Some help needed!

My partner of 13 years at the beginning of the year secured an EP and is working in Singapore. His company applied for an LTVP for us and after reading this thread we sent away documents such as affidavit, joint mortgage and bank account statements, my degree certificates etc. However it got rejected! PS we are both Scottish where the law is apparently standing for common law marriage.

We don't know what to do now? Is it worthwhile appealing it again or do you have any other suggestions of other evidence we can provide to get the LTVP?

I am considering just visiting for holidays every now and again, has anyone heard of any difficulties when getting into the country if I was to visit a couple of times a year for a few months at a time on just a standard visitors visa?

Any help would be appreciated.
Thanks,
D


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