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Visa to keep japanese girlfriend in UK?

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tariqbutt
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Visa to keep japanese girlfriend in UK?

Post by tariqbutt » Mon Sep 22, 2014 12:15 pm

My girlfriend is Japanese and is currently a student here in the UK. I am an Irish citizen. She has 1 year left on her visa (ends around Oct 2015). We are trying to figure out how she will be able to stay in the UK once she finishes her degree here.

A couple of ideas I have had:

1. We get married. I assume this would mean she could stay indefinitely as the wife of EU citizen? This is a little extreme though as we haven’t been going out very long and I don’t think either of us are ready for marriage.
2. She applies for the Work and Holiday visa? Is this easy for Japanese girls to get? Is there any restriction considering she has already lived here (although she has never worked here and she has not got that visa before). Is there a limited number of these per year or if she applies in time would she be sure of getting it? When would she need to apply?

Any other ideas? I dont think we can get a "partner" visa since we have only been going out a few months and we don’t live together.

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Re: Visa to keep japanese girlfriend in UK?

Post by Obie » Mon Sep 22, 2014 4:55 pm

Your Japanese girlfriend cannot qualify for YBS if she is in the UK.

She will have to apply from Japan.

Provided you have been in a relationship for 2 years, or there are other factors like joint financial commitment or cohabitation that indicates adurable relationship, then you may be able to apply for her without the need to get married.
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Re: Visa to keep japanese girlfriend in UK?

Post by Casa » Mon Sep 22, 2014 5:10 pm

Obie, the OP says they've only been together a few months and they don't live together.
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Re: Visa to keep japanese girlfriend in UK?

Post by tariqbutt » Mon Sep 22, 2014 5:55 pm

Casa wrote:Obie, the OP says they've only been together a few months and they don't live together.
Thanks for your help guys. If she returns to japan and get the work and travel visa... can she come to the uk and live here for 2 years with me and use those 2 years to qualify for a unmarried partnership visa?

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Re: Visa to keep japanese girlfriend in UK?

Post by Obie » Mon Sep 22, 2014 6:04 pm

Casa wrote:Obie, the OP says they've only been together a few months and they don't live together.
Susi he said there is 1 year left on her visa.

I was merely stating the conditions.

There is a possibility that OP will not meet any of the conditions.

If within the one year left on her visa, they establish a durable relationship, then she may qualifying.

There is no way i am giving a thumbs up to OP succeeding.
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Re: Visa to keep japanese girlfriend in UK?

Post by Casa » Mon Sep 22, 2014 6:12 pm

They would still be short of a year as they're not co-habiting...just boyfriend and girlfriend.
(Susi by the way...not Amber) :wink:
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Re: Visa to keep japanese girlfriend in UK?

Post by Casa » Mon Sep 22, 2014 6:14 pm

tariqbutt wrote:
Casa wrote:Obie, the OP says they've only been together a few months and they don't live together.
Thanks for your help guys. If she returns to japan and get the work and travel visa... can she come to the uk and live here for 2 years with me and use those 2 years to qualify for a unmarried partnership visa?
Yes the 2 years would count as long as you show joint commitments throughout the 24 months, finances, lease etc as you would expect to see in a relationship 'akin to marriage'.
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Re: Visa to keep japanese girlfriend in UK?

Post by Obie » Mon Sep 22, 2014 6:18 pm

A very big sorry, i have made the necessary changes.

A lot can happen in a year.

They could have a baby, win the lottery, buy a home, get a life insurance.

But i agree they will not qualify now.

I also disagree that a relationship has to have lasted for 2 years for a person to qualify.

And please apologies again for calling you Amber, it is the second time i have inadvertently made this mistake.
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Re: Visa to keep japanese girlfriend in UK?

Post by tariqbutt » Mon Sep 22, 2014 6:23 pm

Obie wrote: There is no way i am giving a thumbs up to OP succeeding.
What does this mean exactly?

Is establishing such a relationship extremely difficult? Is there a guide or advise available on "ticking the boxes"?

Also is it cumulative? What I mean by this is if we say live together for 6 months and then she goes back to japan... can she then apply for the work and travel visa and then add that 6 months onto whatever time we live together while she returns to the uk on that visa?

Finally if she returns to Japan in Oct 2015, how long before she can apply for the work and travel visa and come back to the UK? Would she have to reestablish residency in japan first?

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Re: Visa to keep japanese girlfriend in UK?

Post by Casa » Mon Sep 22, 2014 6:24 pm

No problem. Under UK Regulations the 2 year co-habitation period is mandatory. This is from the UKVI guidance:
Partners are 2 people who are 18 or over and in a genuine relationship - you must be able to prove one of the following:
you’re married
you’re in a civil partnership
you’ve been living together in a relationship for 2 years

I don't think taking out a life insurance is going to solve the problem :wink:
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Re: Visa to keep japanese girlfriend in UK?

Post by Casa » Mon Sep 22, 2014 6:28 pm

tariqbutt wrote:
Obie wrote: There is no way i am giving a thumbs up to OP succeeding.
What does this mean exactly?

Is establishing such a relationship extremely difficult? Is there a guide or advise available on "ticking the boxes"?

Also is it cumulative? What I mean by this is if we say live together for 6 months and then she goes back to japan... can she then apply for the work and travel visa and then add that 6 months onto whatever time we live together while she returns to the uk on that visa?

Finally if she returns to Japan in Oct 2015, how long before she can apply for the work and travel visa and come back to the UK? Would she have to reestablish residency in japan first?
Yes as long as the gap in no longer than a few months. A short gap in the middle of the co-habitation period is allowed as long as you have documented evidence of the initial 6 months and proof of contact between you while she is arranging her Tier 5 visa.
I don't believe there is a specified time of residence before she can apply for the visa in Japan. Others may advise.
Will she be under the age of 30 when she applies? Here's a link to the application process and eligibility:
https://www.gov.uk/tier-5-youth-mobility/overview
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Re: Visa to keep japanese girlfriend in UK?

Post by tariqbutt » Mon Sep 22, 2014 6:37 pm

Casa wrote: Yes as long as the gap in no longer than a few months. A short gap in the middle of the co-habitation period is allowed as long as you have documented evidence of the initial 6 months and proof of contact between you while she is arranging her Tier 5 visa.
I don't believe there is a specified time of residence before she can apply for the visa in Japan. Others may advise.
Will she be under the age of 30 when she applies? Here's a link to the application process and eligibility:
https://www.gov.uk/tier-5-youth-mobility/overview
Thanks thats great. Yes she will be under 30.

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Re: Visa to keep japanese girlfriend in UK?

Post by Obie » Mon Sep 22, 2014 6:41 pm

[b]Durable Partners[/b] wrote: The following conditions should normally be satisfied:
The parties have been living together in a relationship akin to marriage which
has subsisted for two years or more.

The parties intend to live together permanently.

The parties are not involved in a consanguineous relationship with one another (i.e. they are not blood relatives who would not be allowed to marry as this would constitute incest).

Any previous marriage (or similar relationship) by either party has
permanently broken down.

These conditions are similar to those which apply in respect of unmarried and same
-sex partners of people present and settled in the UK/being admitted on the same
occasion for settlement (paragraph 295A of the Immigration Rules).
The applicant must satisfy the caseworker that he is a durable partner
as a matter of fact
. In circumstances other than the above, the applicant is unlikely to be able to
satisfy us that he is a durable partner falling within Regulation 8(5).

However, each case must be considered on its merits, taking into account all the facts and
circumstances, as there may be cases where notwithstanding that one or more of
these points is not satisfied the caseworker is satisfied that the parties are in a
durable relationship
The above is the UKBA Guidance.

Below is what the Tribunal has said, and they interpret the Regulation.
[b] Case of Dauhoo[/b] wrote:21. Although Mr Subramanian did not raise the point, it is accepted by the Tribunal in reported decisions that despite the reference in UKBA European Casework Instructions to proof of a durable relationship requiring evidence that the relationship has lasted two years, the concept of a durable relationship is a term of EU law and as such it does not impose a fixed time period: see YB. Having said that, on the judge’s findings the relationship had only been shown to exist, if at all, very recently and on the appellant’s own evidence his partner was economically self sufficient. Mr Subramanian sensibly did not seek to argue that the appellant was entitled to succeed in showing that the relationship was durable if only a very recent relationship could be established. For the avoidance of doubt I would add that on the basis of the evidence before the FTT judge a durable relationship had not been established.
So i beg to differ with you, that the law or the regulation stipulate a 2 years cohabitation. It does not. If it did you can be rest assured that i would have been quiet and not banging on.
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Re: Visa to keep japanese girlfriend in UK?

Post by Obie » Mon Sep 22, 2014 6:45 pm

OP you have been boyfriend and girlfriend for a very limited period.

Your relationship is not structured, which is why i said you will not qualify.

I am of the view that by next year, if you can demonstrate a structured and progressive relationship, with evidence of possibly cohabitation or joint financial commitment, then you may be able to demonstrate. For now, i don't believe you will succeed.
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Re: Visa to keep japanese girlfriend in UK?

Post by PaperPusher » Mon Sep 22, 2014 6:53 pm

One other thing, AFAIK the UK only issues 1000 YMS visas to Japanese nationals each year, and I have no idea if the quota has been used up.

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Re: Visa to keep japanese girlfriend in UK?

Post by Casa » Mon Sep 22, 2014 6:53 pm

Personally, I wouldn't risk applying after on 1 year of co-habitation with the likelihood that it would be refused and go to a lengthy appeal. You stand far more chance of success by taking the Tier 5 YMS route as you've suggested. In any event, by that time you may be more sure about your relationship and decide to marry. If so, she could switch to FLR(M) spouse visa after the wedding from within the UK.
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Re: Visa to keep japanese girlfriend in UK?

Post by Amber » Tue Sep 23, 2014 6:20 am

With such an early relationship I wouldn't base any application on it. The YMS or student extension seems most appropriate. A lot can change in a year so it suggestible to return nearer the expiry of the current leave for more succinct advice.
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Re: Visa to keep japanese girlfriend in UK?

Post by tariqbutt » Tue Sep 23, 2014 10:53 am

Amber wrote:With such an early relationship I wouldn't base any application on it. The YMS or student extension seems most appropriate. A lot can change in a year so it suggestible to return nearer the expiry of the current leave for more succinct advice.
Thanks for all the help :D

I guess the main thing I was wondering is if there is anything we should do over the next year in preparation. For example if there was a specific date to apply for YMS in order that she could return sooner after her current visa ends. Would she definitely have to wait until she is back living in japan to apply for that?

You mention a student extension.. Do you mean her doing further studies like a masters or something?

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Re: Visa to keep japanese girlfriend in UK?

Post by Amber » Wed Sep 24, 2014 1:36 am

Yes a masters.
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