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Family visa - partner - Italian

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, Administrator

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13b_FD
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Posts: 2
Joined: Tue Mar 11, 2025 12:14 am
Scotland

Family visa - partner - Italian

Post by 13b_FD » Tue Mar 11, 2025 5:42 am

Hi there, Looking for some reinforcement of the following phases for the UK family visa.

I'm a British citizen looking to move back to the UK with my Italian partner.

Guidance from gov.uk
Based on the UK gov partner/spouse page; I'm uncertain as to what is our best way to approach the visa application.
Specifically regarding:
You must be able to prove one of the following:
  1. you’re in a civil partnership or marriage that’s recognised in the UK
  2. you’ve been living together in a relationship for at least 2 years when you apply
  3. you are a fiancé, fiancée or proposed civil partner and will marry or enter into a civil partnership in the UK within 6 months of arriving
  4. you’ve been in a relationship for at least 2 years when you apply but you cannot live together, for example because you’re working or studying in different places, or it’s not accepted in your culture

1)We aren't married or in a civil partnership yet (a CP here in Australia could be an option).

2)We will have lived together exactly 2 years by the time we leave Australia, but the wording makes it clear that only the time "when you apply" matters (which will be approximately 1 year and 6-9 months at the time of application).

3)We feel being forced into a quick marriage when we arrive home ruins it somewhat. I appreciate that is sort of contradictory to us being open to a CP here in Australia in 1). From what I understand this option ends up slightly worse, as she then wouldn't have rights to work until after the CP or marriage event occurs and a further extension to her visa approved.

4)This only partially applies to us, and this is where my main question arises. In the instance we apply say next month, we'd have 1 year 6 months living together, and 1 year of demonstratable long distance defacto relationship. This is a blend of points 2) and 4) and so I feel uncertain if this is even a valid argument?

From what I understand, due to us partially fulfulling different points but not any single point, currently makes us ineligible.

Is this thinking correct, and that a blend of 2) and 4) as mentioned would indeed be invalid?

If essentially required, we would be prepared to go down the Australian civil partnership route prior to application submission as we do intend to eventually get married in Scotland in our own time (which would allow conversion later to marriage).


A secondary question is regarding the financial aspect, between us we have the £88.5k required since we are currently in the job hunt phase for our return. The issue is that on my part much of the money is between an S&S ISA and NS&I premium bonds from prior to when I left the UK (1.5 years ago). I understand that the money is required to be "cash" or at least more easily accessible. If I was to move the money out of the bonds and into my exisiting UK bank account, would that count, or fall foul of the "held for 6 month" rule?

Alternatively, if our Aussie salaries count at the time of application then that would take some concern away, but I doubt that would be valid either?

Thanks in advance.

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CR001
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Re: Family visa - partner - Italian

Post by CR001 » Tue Mar 11, 2025 6:24 am

You are not required to meet all 4 points. Just one, as it says "prove ONE of the following".

You can't use overseas income for an initial partner visa. The applicants overseas income doesn't count anyway. Your overseas I come can cou t if you can prove with evidence that UKVI can verify, that you have a job meeting the requirements, to start work within 3 months of arriving in the uk.
Char (CR001 not Casa)
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13b_FD
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Posts: 2
Joined: Tue Mar 11, 2025 12:14 am
Scotland

Re: Family visa - partner - Italian

Post by 13b_FD » Tue Mar 11, 2025 6:52 am

Thanks for the fast response.

Apologies, I worded my post poorly, I do understand that we need to only meet one of the criterea.

I think ultimately, we need to go for Aussie civil partnership and use that as the main part of our evidence.
Sadly, our combination of 1 year of easily verifiable long distance and 1.5 years of living together has actually been detrimental to this application.
sidenote: It's interesting that UKVI appear to not accept a blend of requirements 2) and 4) - would seem a good demonstrator of a genuine relationship but hey-ho that seems to be the rules! :roll: :lol:
Your overseas I come can cou t if you can prove with evidence that UKVI can verify, that you have a job meeting the requirements, to start work within 3 months of arriving in the uk.
That is an interesting point I didn't know about, thanks! :)

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