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Visa for spouse of IRL, formally a dependant of Tier 2

Posted: Sun Oct 30, 2016 10:04 pm
by Allan NC
Hello,

Looking for a visa for my unmarried partner of 2 years.
I'm an Australian citizen on IRL since April 2014. Prior to that I was a dependant of my ex who was a Tier 2 (highly skilled migrant).
My Australian partner has been with me in the UK since April 2015 on a Working Holiday VISA which will run out April 2017.

https://www.gov.uk/remain-in-uk-family/exceptions
The guidance here is unclear as I didn't settle as a Tier 2 myself, but as a dependant of one and since separated after my IRL was granted.

Does this complicate things and what is the correct VISA to apply for?

Many thanks,

Allan.

Re: Visa for spouse of IRL, formally a dependant of Tier 2

Posted: Mon Oct 31, 2016 12:20 am
by secret.simon
Are your partner and you married or in a civil partnership? Or are you in a relationship akin to marriage for at least two years, with proof of such relationship (joint bills, bank accounts, mortgage or tenency agreement, etc)?

If so, your partner can apply for a family of a settled person visa. S/he does not fall under the exceptions, which would have applied if s/he had got a T2 dependent visa (what you had before ILR).

Re: Visa for spouse of IRL, formally a dependant of Tier 2

Posted: Mon Oct 31, 2016 11:31 am
by Allan NC
Thank you for your reply.
This is good news.
We are unmarried but have lived together in 1 bedroom apartment for over 2 years (though recently moved)
All utilities were in my name though and we don't share a bank account. What other evidence is accepted?

Re: Visa for spouse of IRL, formally a dependant of Tier 2

Posted: Mon Oct 31, 2016 12:34 pm
by Casa
secret.simon wrote:Are your partner and you married or in a civil partnership? Or are you in a relationship akin to marriage for at least two years, with proof of such relationship (joint bills, bank accounts, mortgage or tenency agreement, etc)?

If so, your partner can apply for a family of a settled person visa. S/he does not fall under the exceptions, which would have applied if s/he had got a T2 dependent visa (what you had before ILR).