Fiancee on Uk Tier 5 youth and mobility visa

Hi Guys,

I met my girlfriend in australia when i was backpacking in March 2009. Unfortunately i had to leave australia and continue my travels. I arrived back in the Uk, Northern Ireland Oct 2009. My girlfriend then arrived here in the same month on a Tier 5 youth and mobility UK work visa valid for two years. She is an australian citizen and I am a british citizen settled here in the UK, Northern Ireland.

We recently got engaged and would like to remain in the Uk for a further two years. Her visa expires in Oct 2011. By Oct 2011 we will have been living together for two years in the UK and have all the proof to back up our claim e.g. bank statements, pay slips etc.

We have been advised to apply for a de-facto visa. Is it possible to switch and apply for this without her having to leave the UK???

Anyone who has been or is currently in this situation will know how stressing it is as you dont want to loose your partner. Any help and advice will be much appreciated.

Neil

You'd be better off posting in the immigration for family members section.

De facto visa is an Australian term. You're after an unmarried partner visa. Have a look in the immigration for family member section I am sure you'll find lots of relevent posts there.

Also look at the UKBA website here

Yes she can apply from within the UK.

Greenie wrote:You'd be better off posting in the immigration for family members section.

Moved.

Greenie wrote:You'd be better off posting in the immigration for family members section.

De facto visa is an Australian term. You're after an unmarried partner visa. Have a look in the immigration for family member section I am sure you'll find lots of relevent posts there.

Also look at the UKBA website here

Yes she can apply from within the UK.

thanks greenie!
if we have proof of living together for two years, which would be in October 2011, do you think we have a chance of getting the unmarried partner visa? whats the difference between an unmarried partner visa and a fiancé visa?

A lot of difference. A fiancé visa can only be applied for from outside the UK, with the intention of getting married in the UK. Subsequently, switch before leave expires. Moreover, you may also do this from 9 May.

A fiancé visa would only be relevant if (a) your partner were outside the UK and (b) you wanted her to come here to get married.

If you don't want to get married, apply for leave to remain as an unmarried partner in October. Read Greenie's link, and this one:

http://www.ukba.homeoffice.gov.uk/partn ... inside-uk/

If you do want to get married there is nothing stopping you after 9 May, when the certificate of approval scheme is abolished. Check your local register office. Your partner won't need any additional permission to get married during the validity of her current Tier 5 visa. She could then apply for leave to remain as your spouse.

ETA: oops, to slow!