Albanian unmarried partner visa

Hi everyone,

I am a uk citizen and have been with my albanian partner for nearly 2 years. He came to the uk illegally and is currently living here with me without a visa.

Can you give me some advice on applying for his visa? I have looked into applying for an unmarried partner visa but a lot of the information is difficult to understand! We will marry one day but ideally i do not want to get married now just for the sake of helping get his visa.

I have an english friend who is married to an albanian and have been speaking to them for advice ( they are also putting us in touch with their solicitor ) but they obtained his visa 6 years ago so obviously a lot has changed since then!

I am gathering evidence that we are a genuine couple ( phone bills, utility bills, photo's etc. ) and have gone through the application form for an unmarried partner visa. We meet all the requirements financially and i am sure i can provide enough proof that our relationship is 100% genuine ( any advice on what to provide would be appreciated so i don't miss anything! ) so i think the main thing that will go against us is him entering and staying in the UK illegally.

My main concern also is if he will have to go back to Albania to apply? Is there any chance we can apply from in the UK and he will be accepted or are they more than likely to refuse straight away as he is currently here illegally?

I know it is highly likely that he will have to go home for a while but i am dreading the thought of being apart from him for months! having said that i know we have to get this situation sorted as i am constantly in fear that i will receive a phone call telling me he has been caught and is being deported!

any information anyone can give me will be greatly appreciated!

Thank you.

He'll need to go back to Albania to apply. However, you'll need to ensure that you can submit proof that you've been co-habiting in a relationship 'akin to marriage' for the 2 full years. Also are you earning the required £18,600 per annum?
You should read through the following info in this link regarding refusal under 320(11)
http://www.ukba.homeoffice.gov.uk/polic ... /rfl/rfl7/

In particular:
RFL7.1 When can I refuse under 320 (11)?
This is a discretionary refusal where an applicant has:
been an immigration offender or in breach of UK immigration or other law; and / or
received services or support to which they were not entitled;
and where there are aggravating circumstances.

It is not sufficient to have been in breach of immigration law or to be an immigration offender. There must be aggravating circumstances as well.

thank you for your quick reply and i will read through the information on your link.

We will have been together 2 years in June but have only been living together for a year, do we need to be living together for 2 years before we apply?

apologies, yes i am earning more than the required £18,600.00 per annum

goonergirl88 wrote:thank you for your quick reply and i will read through the information on your link.

We will have been together 2 years in June but have only been living together for a year, do we need to be living together for 2 years before we apply?

Yes, absolutely has to be 24 months, UKBA won't move on this.....

Ok thank you for your help

If we were to go to Albania and get married, would be still need to have been together or living together for 2 years?

goonergirl88 wrote:If we were to go to Albania and get married, would be still need to have been together or living together for 2 years?

No, but some relationship proof is required if only to avoid the risk of the marriage being considered a sham.

ok thanks as i said in my original post we don't want to get married just for the purpose of getting his visa but just trying to get an idea of what our options are as most of it is so confusing!!