Applying for Family Reunification Visa with Argentine Girlfriend - Advice Please

[pevans1405]

Hi All,

I'm looking to apply for the co-habiting VISA (Family Reunification) through my Argentine girlfriend and was looking for a bit of advice. I already have the majority of the documents together as I originally tried applying for the Rentista VISA using funds in a bank from the UK to demonstrate i had enough to live off but despite being told by an immigration lawyer that i could use those funds, immigrations told me no (a story for another time)! Anyway, as I have a long term girlfriend here, they suggested this could be an easier route for us.

My questions:
- I've read that we need to be cohabiting for 2 years, which we haven't. I don't see how this is possible on a tourist VISA, unless i had massively overstayed, which seems a bit backward if that behaviour was encouraged like this. Is the 2 years necessary? If not, is there a quantity of time that is?
- For the proof of convivencia, can we use any rental contract in both of our names, not an official one through an estate agent?
- Do i need to delare somehow that I'm not married? In the UK we don't have a certficado de soltería. I've read that I would need to get a declaración jurada, is this true and necessary?

I have my next appointment with immigrations on the 9th September and knee surgery here on 18th August, so need to get this sorted asap.

Thanks in advance!

 

[elhombresinnombre]

First of all, congratulations on your relationship. I'm going to start with the things I definitely do know about and then get increasingly vague as I move on to things I think I know about but other people will probably know better than me.

Yes, there is a UK certficado de soltería - it's called a Certificate of No Impediment and if you are in the UK (which I appeciate you are not right now) you would get this from the registry office where you live. If you are overseas (which I appreciate you are right now) ask the British Consulate in Buenos Aires. Though it pains me to direct you to a web site with the ghastly url omghitched.com, they have some surprisingly straightforward information at https://omghitched.com/?s=certificate+of+no+impediment

The point about the money requirement attached to a visa is that it should be irrevocably available to you throughout your period of residence. Being in your bank account right now is not irrevocable - you might have to give it back to the lender once the bank statement has been certified or you might go out tomorrow and buy a Maserati. It needs to be in an irrevocable trust so it can only be used as agreed. So your immigration lawyer is sort-of right but not right enough. Search on this site for more information, Use the obvious keywords.

If you've known each other less than two years then I don't think there's much you can do to alter that but if you have been a couple for longer than that, maybe you could pursue greater detail about what is actually required by those who are requiring it. There are many couples, partners, spouses who live apart for some or most of the time out of necessity or choice but who are wholly committed to each other. When the British Home Office is trying to weed out marriages of convenience from visa applications they ask for things like letters, photos, emails, performance tickets, selfies, SMS messages - proof of the sort of ordinary stuff that ordinary people ordinarily do and which shows they are an ordinary couple. That may be all that's needed here but you could find that out or maybe someone else on the site could clarify.

 

[pevans1405]

First of all, congratulations on your relationship. I'm going to start with the things I definitely do know about and then get increasingly vague as I move on to things I think I know about but other people will probably know better than me.

Yes, there is a UK certficado de soltería - it's called a Certificate of No Impediment and if you are in the UK (which I appeciate you are not right now) you would get this from the registry office where you live. If you are overseas (which I appreciate you are right now) ask the British Consulate in Buenos Aires. Though it pains me to direct you to a web site with the ghastly url omghitched.com, they have some surprisingly straightforward information at https://omghitched.com/?s=certificate+of+no+impediment

The point about the money requirement attached to a visa is that it should be irrevocably available to you throughout your period of residence. Being in your bank account right now is not irrevocable - you might have to give it back to the lender once the bank statement has been certified or you might go out tomorrow and buy a Maserati. It needs to be in an irrevocable trust so it can only be used as agreed. So your immigration lawyer is sort-of right but not right enough. Search on this site for more information, Use the obvious keywords.

If you've known each other less than two years then I don't think there's much you can do to alter that but if you have been a couple for longer than that, maybe you could pursue greater detail about what is actually required by those who are requiring it. There are many couples, partners, spouses who live apart for some or most of the time out of necessity or choice but who are wholly committed to each other. When the British Home Office is trying to weed out marriages of convenience from visa applications they ask for things like letters, photos, emails, performance tickets, selfies, SMS messages - proof of the sort of ordinary stuff that ordinary people ordinarily do and which shows they are an ordinary couple. That may be all that's needed here but you could find that out or maybe someone else on the site could clarify.

Thank you for the detailed reply, it's very helpful.

Regarding the Certificate of No Impediment, is this something that is therefore required for this type of VISA?

For the cash in a bank for the rentista, their main problem was that after 1 year or 2 years of however main, if there's a defined amount in the account that I'm drawing down from, I will run out. This makes sense, but there's lots of ifs and buts to every situations such as if a tenant stops paying rent for instance. But anyway, i digress as the Rentista is no longer my target!

We've known each other for less than 2 years yes, so can't reference that amount of time. We met just over a year ago, so not like it's last month or something, but clearly short of the 2 year period. We're going to ask at the Registro Civil about the requirements as well, but thought worthwhile checking if anyone here had gone through the process or could shed light on it.

 

[elhombresinnombre]

Regarding the Certificate of No Impediment, is this something that is therefore required for this type of VISA?

I only replied about the Certificate because you mentioned it first. I don't think you would need it in order to live together (but ask somebody who knows for sure) but at the time I looked into it, it was necessary in order to marry.

 

[another]

Sent you a p.m.

 

[another]

I only replied about the Certificate because you mentioned it first. I don't think you would need it in order to live together (but ask somebody who knows for sure) but at the time I looked into it, it was necessary in order to marry.

it still is - or a divorce one - depending on the situation.

 

[pevans1405]

I only replied about the Certificate because you mentioned it first. I don't think you would need it in order to live together (but ask somebody who knows for sure) but at the time I looked into it, it was necessary in order to marry.

Ah ok, I'll do some more research, thanks

 

[Bajo_cero2]

Hi All,

I'm looking to apply for the co-habiting VISA (Family Reunification) through my Argentine girlfriend and was looking for a bit of advice. I already have the majority of the documents together as I originally tried applying for the Rentista VISA using funds in a bank from the UK to demonstrate i had enough to live off but despite being told by an immigration lawyer that i could use those funds, immigrations told me no (a story for another time)! Anyway, as I have a long term girlfriend here, they suggested this could be an easier route for us.

My questions:
- I've read that we need to be cohabiting for 2 years, which we haven't. I don't see how this is possible on a tourist VISA, unless i had massively overstayed, which seems a bit backward if that behaviour was encouraged like this. Is the 2 years necessary? If not, is there a quantity of time that is?
- For the proof of convivencia, can we use any rental contract in both of our names, not an official one through an estate agent?
- Do i need to delare somehow that I'm not married? In the UK we don't have a certficado de soltería. I've read that I would need to get a declaración jurada, is this true and necessary?

I have my next appointment with immigrations on the 9th September and knee surgery here on 18th August, so need to get this sorted asap.

Thanks in advance!

You do not meet the requirements. Simple.

 

[redlobster]

.,. immigrations told me no (a story for another time)! Anyway, as I have a long term girlfriend here, they suggested this could be an easier route for us.

- I've read that we need to be cohabiting for 2 years ...

You do not meet the requirements. Simple.

I also kind of thought that applying for family reunification with a girlfriend might be a bit of a stretch.

Even ignoring the fact that you're not technically a family, the logic of needing to already be living together to qualify for reunification feels a bit off.
If you're already together, what’s left to reunite?

 

[Alby]

It's not clear whether Bajo is referring to the failed attempt to apply under the Rentista, or the proposed attempt to apply under the Family Reunification. Or both. Will he clarify?

In any event, it will be interesting to see how Pevan's case plays out. I hope he keeps us updated.