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Tier 5 YMV and clarification re: unmarried partner

Only for UK Tier 5 (Temporary work) points system
Also includes the Youth Mobility Scheme Tier 5

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe

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emcee
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Tier 5 YMV and clarification re: unmarried partner

Post by emcee » Sat Oct 10, 2015 7:32 am

Hi there,

I'm currently in the process of applying for a Youth Mobility visa for the UK and had a clarification question. My partner (of 7 years) and I are both Canadian citizens - he is actually in the UK already, and has been since September 2014 on a Tier 2 visa working for the UK government whilst completing graduate studies (with an anticipated end date of Fall 2017). I just completed graduate school and am applying for the Youth Mobility visa hoping to work and live in the UK alongside him for the duration of our visas, at which point we'd likely return back to Canada (or go elsewhere).

Whilst completing the "family" section of the online application I got a little stumped. First of all, could someone clarify what "unmarried partner" means? I'm getting the sense that this is essentially the UK equivalent of what in Canada we call common-law - e.g. couple that resides together and essentially builds a 'shared economy' together, usually for at least a year - but because there wasn't any clarification provided on the application website I wanted to confirm...I've already sent 3 (!!!) e-mails simply asking for a definition of 'unmarried partner' to the UK Visa and Immigration Office and they have been completely unhelpful, unfortunately, so I'm hoping you folks might have some ideas.

To clarify: though we've been in a serious, committed relationship for 7 years, we've never lived together. For the purposes of my visa application, what does 'unmarried partner' mean? I just want to make sure I represent our relationship accurately and in accordance with the definitions that the visa office will be using.

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Casa
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Re: Tier 5 YMV and clarification re: unmarried partner

Post by Casa » Sat Oct 10, 2015 8:15 am

You were on the right track with the comparison to the Canadian definition of a 'common law' relationship. Under UK immigration rules an 'unmarried partnership' 'refers to a couple who have been living together for a minimum of 2 years in a relationship 'akin to marriage'. As you've said, this isn't the case for you and your partner. For immigration purposes you're considered to be 'single'.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

emcee
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Re: Tier 5 YMV and clarification re: unmarried partner

Post by emcee » Sat Oct 10, 2015 3:43 pm

Awesome, thank you so much for clarifying! That helps with my visa form a lot, because at first I thought maybe I should indicate 'unmarried partner' and then confronted more confusion about the question about whether we would be traveling together - but if for the purposes of this application I will be single then that makes that much easier!

That leads to my second question - is it a good idea to elucidate in the 'additional information' section that though for the purposes of my application I am single, my partner is already in the UK on a T2 visa and we will be residing together? I already included that information in the section that asks where I will be residing and provided his address, but am wondering if I should provide additional information.

I guess I just want to make sure that I am upfront with my situation and represent it accurately - e.g. I would hate to be asked by immigration about it and get flagged for whatever reason.

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Casa
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Re: Tier 5 YMV and clarification re: unmarried partner

Post by Casa » Sat Oct 10, 2015 4:02 pm

I would be upfront about the relationship as you never know when it may come up in future visa applications.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

emcee
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Re: Tier 5 YMV and clarification re: unmarried partner

Post by emcee » Mon Oct 12, 2015 4:34 pm

If, however, I am legally single, is there any reason they would want to know about my situation for the purposes of my visa? I am now wondering if I try to complicate my application by providing additional information that is unnecessary it will cause unnecessary confusion and/or delays...?

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Casa
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Re: Tier 5 YMV and clarification re: unmarried partner

Post by Casa » Mon Oct 12, 2015 4:42 pm

It's your call. I doubt that it would cause a problem unless a future visa application requires you to declare the length of your relationship.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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