Tier 5 to partner of British citizen

AlexM2012 wrote:Heya,

I am hoping to get some information about my options and what I can do once my Tier 5 YM Visa expires in September 2012.

I am a 24 year old Australian who is currently living and working in London and for the last year and a half I have been in a relationship with a British citizen. The two of us have lived together for the past 8 months and have plans to live together for the rest of my time in the UK.

I am having trouble getting some clear information as to what we can do once my visa expires in September. We both want to remain in the UK and were wondering what is the best way to go about this.

From what I've read it seems best to switch to a Civil Partner Visa while I am here but I am worried that we have not lived together long enough and that we have yet to register as a Civil Partnership.

Are we eligible for this Civil Partnership Visa? Or do we need to start looking at what else might be available to us.

Any help, advise or information would be amazing.

Thanks in advance.

Alex

AlexM2012 wrote:Thank you for getting back to me. As you can tell I'm getting a bit confused with all the information I've received.

I have spoken to a number of Visa Companies and I feel like were getting contradictory information. One has advised that I should apply for a Discretionary Leave to Remain on the basis that I am in a relationship with a British Citizen - but I have also been advised by another that this is not the way to go.

I am really unsure of what to do as I know we are unable to apply for the 'unmarried partner' visa because we haven't lived together long enough.

What are our options? Do we need to get married for me to be able to stay in the UK?

A.

AlexM2012 wrote:Ok, that is a little distressing to hear - we have been advised this is an viable option for us.

Do you know what we can do then? Do we have any options available to us?

A.

AlexM2012 wrote:Hello,

I am seeking some advice.

I am an Australian currently in the UK on a Youth Mobility Visa living with my English fiancee.

We are due to marry next month.

We have been told that I will need to return to Australia and apply for a Spouse Visa from there once we are married.

Is it not possible for us to apply in-country (UK) and switch from my Tier 5 Youth Mobility Visa to the Spouse Visa and avoid returning home?

I have been living in the UK for 19 months.

Any help would be greatly appreciated.

Thank you,

A

wf wrote:You are eligible to apply.

The 6 month requirement relates to the last period of leave you were granted having to be for more than 6 months. As the Tier 5/YMS is granted for 2 years it satisfies this condition.

http://www.ukba.homeoffice.gov.uk/visas ... you-apply/

Can you 'switch' if you are already in the UK?

You may be allowed to switch into the category of husband, wife or civil partner if:

you entered the UK in a different immigration category (for example, as a student), and you have been given permission to live here for a total of more than 6 months since your most recent admission to the UK. For example, you can switch if we gave you a 3-month visa and then permission to remain for 5 months, totalling 8 months. Your current permission must have been given in accordance with the Immigration Rules, not 'exceptionally' (outside the Immigration Rules).