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Unmarried partner visa, time apart Hong Kong

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PLRS19
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Joined: Sat Sep 21, 2019 7:53 pm

Unmarried partner visa, time apart Hong Kong

Post by PLRS19 » Sat Sep 21, 2019 8:03 pm

I've read there's kind people on here with experience regarding visa's like CR001, vinny, Casa and other people, we'd appreciate it if someone can help and I'll try and keep it short.

My partner and I have been together since 2014. She moved here to study at university from Hong Kong in Sep 2015 (and so we could be together). In June 2017 she went back to HK to do a work placement at a bank (she could not get one here and thought it was important for job opportunities in the future), she returned to uk July 2018 to complete the remaining year at university.

We understand we are suppose to have lived together 2 consecutive years at the date of application but this isn't the case. But in the general guidance it says

"However the 2-year period does not have to have been completed immediately preceding the date of application if, for example, the couple are currently living apart for work reasons in order to meet the financial requirements of the rules, providing that the relationship continues to be a genuine and subsisting at the date of application"

Essentially we spent 1 year 9 months together, then the placement and now it's been 1 year 1 month.

Would our situation qualify under this type of 'example' they have provided.

We have no trouble proving our relationship is real and whilst she was in HK we saw each other every 3 months.

We've been to see an immigration case worker but she hasn't come across this before and says most people just get married.

My partner's visa runs out beginning of October so we need to move quickly with this unfortunately.


Thanks in advance for any help.

geoeng
Senior Member
Posts: 953
Joined: Fri Aug 30, 2019 11:54 am
Canada

Re: Unmarried partner visa, time apart Hong Kong

Post by geoeng » Mon Sep 23, 2019 8:50 am

You may have some difficulty with this application for the reasons you have already identified in terms of potentially not meeting the requirements. First of all, you have not lived together for a consecutive 2 year period. Second, the period of time apart is rather substantial. While details of what would be considered an acceptable period apart are not provided in the current guidance, there is historic guidance that suggests only periods apart less than 6 months should be accepted, which can be found here (though it may be outdated and no longer applicable): https://www.gov.uk/government/publicati ... ners-set05.

You have already received the standard advice for this situation, which is you could just get married. Others may have more advice on these unique circumstances, but the only other option I can see is to apply on the basis of how you interpret the available guidance, demonstrate you meet the requirements with appropriate documentation and hope for the best. Unfortunately it will not be an easy application and I don't think anyone can say with confidence how UKVI would interpret the guidance in these circumstances.
I'm just a guy on the Internet who immigrated to the UK. My opinions are based on my experience and interpretation of the immigration rules and should not be considered legal or immigration advice; your mileage may vary.

PLRS19
Newly Registered
Posts: 2
Joined: Sat Sep 21, 2019 7:53 pm

Re: Unmarried partner visa, time apart Hong Kong

Post by PLRS19 » Mon Sep 23, 2019 8:06 pm

Thanks for the reply!

My partner is currently considering applying for a youth mobility visa so she can be back here.

I suppose what I need to know now is:

If my partner leaves the UK to go to HK and apply for a youth mobility visa, would they grant her one on the basis of her living with a long term partner(because youth mobility is for temporary working not for settlement) And secondly would they class it as her leaving the UK so the 2 year time line for unmarried partner visa starts again? Or could we apply for unmarried visa in 11 months time (It's been 1 year 1 month since she's been back from HK and living with me).

We do have plans to live together permanently, I've just never been one for marriage and if we do it id like it to be done right and at the right time.


Any advice will be appreciated! Thanks :D

geoeng
Senior Member
Posts: 953
Joined: Fri Aug 30, 2019 11:54 am
Canada

Re: Unmarried partner visa, time apart Hong Kong

Post by geoeng » Tue Sep 24, 2019 7:44 am

They wouldn't grant her a youth mobility scheme visa on the basis of her living with a long term partner, they would grant it on the basis of meeting the requirements for that specific visa (the relationship doesn't factor into the requirements for this visa). This is the same route I took to get into the UK with a British spouse as it was a far quicker and cheaper way to get here and then later applied for the spouse visa after saving up the money (which was a mistake because they ended up increasing the IHS fees). So she could go back to HK and apply for the youth mobility visa (think its only a few weeks for them to process this visa but there is a website somewhere to check processing times) and then apply for FLR(M) (the same as an extension to a spouse visa that provides the initial leave to enter) once you meet the co-habitation requirements.

I don't know for sure if the 2 year timeline would start over, that would be up to the immigration officer to assess based on the circumstances. Provided her current residence in the UK is legal and she remains resident in the UK (i.e. returning to HK is only a visit, which should be reasonably easy to justify since the visa processing time is only a few weeks), I would think there wouldn't be any issues but can't be sure. The youth mobility visa is good for 2 years anyway, so if you wanted to be extra sure you could just wait until the end of that and then apply for further leave to remain having lived together for the previous 2 years. Either way, the youth mobility visa is a good solution in these circumstances that I hadn't thought of before.
I'm just a guy on the Internet who immigrated to the UK. My opinions are based on my experience and interpretation of the immigration rules and should not be considered legal or immigration advice; your mileage may vary.

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