redzventures

Hi all,

I am British by birth and I met my partner in the UK in 2010 after breaking up with my wife. We got close very quickly and she fell pregnant. My ex was causing a lot of trouble and so I decided that we should go to Kenya where my partner is from. Now, my partner was in the UK on a working holiday visa which was due to expire in Feb 2011 but I left for Kenya in August of 2010 to find a place and she followed in October. Anyway, I thought after around two years in kenya I needed to return to the UK to complete my divorce and get a better job to support my family in Kenya. My son who was born in Kenya is now 21 months old.

As I am going through a divorce I cannot marry my partner but I want them both to come and visit me in April for three weeks as all of our birthdays fall in April. We intend to marry in Kenya by the beach once my divorce is final but I can't stand not seing them for such long periods of time. I visit Kenya every few months when I can since I came back in March last year.

My partner has applied for a family visitors visa as an unmarried partner having lived together for more than two years. I have been straight with the ECO explaining our plans and my continuing divorce which I have included in my supporting documents. I am in Kenya as we speak after having submitted visa applications for both her and my son on Tuesday and we have already been told both applications are allready ready for collection. My partner has been to the UK two times before and on both times left well before the visa ran out.

Is there a good chance we could be given the family visa given that I have been so open about our plans and situation?

This may be too much to ask and I will be letting you know how it turned out when we get their passports back tomorrow.

PS - I got a job in MArch earning £33,000 and have provided all bank statements, tenancy agreements, invitation letters and travel plans for them when they are here. My partner also provided her bank statements and her proof of intention to return to Kenya at the end of the trip to take care of her brother who schools in the same town and lives with us in our rented house. She also runs a business here. Phewww, that was long - sorry!

SanDiegogirl

Did you declare on the application forms that you are still married?

From what I can remember the forms ask about previous relationships and the date they ended.

Since you have not yet divorced you are, to all intents and purposes, still married.

I would be interested to know whether you get an unmarried partner visa based on this.

Dorothy

Why have you applied for a visa for your child? As the child of a British citizen your child would be a citizen as well I would have thought. All he needs is a UK passport.

Actually, you were told this and how to apply for it in your previous thread from November.

redzventures

Our birthdays are all in April so by the time we decided the dates it would have been too late to apply for his passport as it can take four months or more and we did not want to risk it.

redzventures

This is a visitors visa not settlement

pennylessinindia

"we have already been told both applications are allready ready for collection. ."

so why post on here you will know the results very shortly?

spouse of scouse

Maybe Redzventures is understandably nervous and was just wanted to talk stuff through.

Best of luck to you Redzventures, a divorce isn't easy on either party and I'm glad you are so happy with your new partner and little boy. Let us know how you go!

redzventures

Thanks all - both visas were refused. This stress is a lot.

The ECO did not feel my partner would return to Kenya after. Should we wait until my divorce is final and just apply for a fiance visa or appeal? Would they consider a fiance visa after refusing a visiting visa and if so how long should we wait. After my holiday is over I don't know when I can see them again.

I know I can get a British passport for my son but how can I separate them, he would be in pieces as he is so attached to his mum and what would that do to us. I will get the passport but it will not solve the main issue I'm thinking.

Please, this is a hard time for me and my family so thoughtful responses rather than scolding would be appreciated.

Thank you@spouseofscouse

SanDiegogirl

Just do what we advised last November........get your divorce final.

You are not going to get an unmarried partner visa or a visitor visa based on "family" while you are still married.

This is not a "scold" - just re-iterating the great advice you received.

Dorothy

Agreed. Get the divorce final then apply for the fiancé visa and your son's passport. Once the visa is granted your finance and son move to UK.

pennylessinindia

I am sorry you felt you were being scolded, not intended just trying to be realistic. there is no reason why applying for your sons British passport will separate him from his mother. Just makes one less visa to apply for and shows that you are a family in any future application.
The ECO was correct to assume that your son's mother was unlikely to leave the UK as your intention is clearly to bring them both to the UK. Not really worth the stress of appealing, use the time and money to get your divorce finalised and then you can get married or apply for fiancee visa. You may find the partner route harder as you are now not living together.