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Canadian Girlfriend visa extension

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Zippy26
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Canadian Girlfriend visa extension

Post by Zippy26 » Wed Nov 18, 2015 10:08 am

Hi there, my canadian girlfriend is in the UK on a 2 year tier 2 visa. She and I have been together now for just under a year and are moving in together officially in January although we have unofficially been living together since virtually the beginning of our relationship. By this I mean, although we both rented separate accommodation, we stayed together in either one or the other unofficially up til now. By the time her visa is due to expire we will have been together 2 years and living together for the duration both unofficially and officially. Do we qualify for a partnership visa to extend her stay or what do you guys reccomend is the best course of action? Any help very much appreciated. :)

Wanderer
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Re: Canadian Girlfriend visa extension

Post by Wanderer » Wed Nov 18, 2015 10:13 am

That's going to be very difficult to prove I'm afraid, UPV apps have to be watertight. It's not really 'being in a relationship akin to marriage' - it's staying over at each other's places...
An chéad stad eile Stáisiún Uí Chonghaile....

Zippy26
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Re: Canadian Girlfriend visa extension

Post by Zippy26 » Wed Nov 18, 2015 10:16 am

I know, that's what I'm thinking, is there another option?

Wanderer
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Re: Canadian Girlfriend visa extension

Post by Wanderer » Wed Nov 18, 2015 10:20 am

Zippy26 wrote:I know, that's what I'm thinking, is there another option?
Can see not extend/get another T2 visa? Student visa?

Other than that it's marriage I'm afraid.

Assuming you're British, do you pass the finance tests anyway? £18,600 pa for last six months?
An chéad stad eile Stáisiún Uí Chonghaile....

Zippy26
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Re: Canadian Girlfriend visa extension

Post by Zippy26 » Wed Nov 18, 2015 10:37 am

I'm actually irish but between study and work I've been in the UK for 8 years, her work r keen to keep her on and she has been told by her boss they're keen to keep her. So we can look to extend or renew tier 2 is that right ye? It's difficult to decipher all the legal talk on the Internet.
Thanks for your help!

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Casa
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Re: Canadian Girlfriend visa extension

Post by Casa » Wed Nov 18, 2015 11:12 am

Link to info re extending Tier 2 visa. https://www.gov.uk/tier-2-general/extend-your-visa

If you later decide to apply as partners or a married couple, as you hold Irish nationality you would apply under the more flexible EEA Regulations. Income of £18,600 p.a isn't required but you would need to show that you are 'exercising your Treaty rights' by working or studying. Study alone would require Comprehensive Sickness Insurance (CSI). At present, you would be unlikely to qualify as an unmarried couple in a 'durable' relationship as you aren't currently co-habiting. https://www.gov.uk/government/publicati ... orm-eea-fm

Your best option appears to be a Tier-2 extension with your partner's current employer.
(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.

Zippy26
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Re: Canadian Girlfriend visa extension

Post by Zippy26 » Wed Nov 18, 2015 12:01 pm

Hi guys! Typical case of boyfriend not listening properly!
She's on a tier 5 youth mobility visa. Think this makes life considerably more difficult. Does she definitely have to leave the country to reapply for a different visa?

Wanderer
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Re: Canadian Girlfriend visa extension

Post by Wanderer » Wed Nov 18, 2015 12:03 pm

Zippy26 wrote:Hi guys! Typical case of boyfriend not listening properly!
She's on a tier 5 youth mobility visa. Think this makes life considerably more difficult. Does she definitely have to leave the country to reapply for a different visa?
Pretty sure you cannot switch in-country from that visa.
An chéad stad eile Stáisiún Uí Chonghaile....

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Casa
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Re: Canadian Girlfriend visa extension

Post by Casa » Wed Nov 18, 2015 2:33 pm

Wanderer wrote:
Zippy26 wrote:Hi guys! Typical case of boyfriend not listening properly!
She's on a tier 5 youth mobility visa. Think this makes life considerably more difficult. Does she definitely have to leave the country to reapply for a different visa?
Pretty sure you cannot switch in-country from that visa.
Wanderer is right. She would have to return home and apply for another category from there. If you decide to marry, be aware that you will have to register with a Home Office approved Registry Office. The Registrar is then legally bound to notify the HO about your intention to marry. They can then extend the notification period from 20 to 70 days in order to interview you both if they choose, before the wedding can take place.
(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.

noajthan
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Re: Canadian Girlfriend visa extension

Post by noajthan » Wed Nov 18, 2015 2:37 pm

Zippy26 wrote:Hi guys! Typical case of boyfriend not listening properly!
Well that does now begin to sound like a relationship akin to marriage 8)
All that is gold does not glitter; Not all those who wander are lost. E&OE.

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