AU partner of EEU member not married

Hi there,

We have spoken to several different people and read many different homepages but still don't know what is the best route to go down. This site seems very professional, so I am trying my luck here. Hopefully someone can help.

I (German) met my partner (Australian) about 15 months ago. In February 06 he quit his job to come to live with me in Germany. Just shortly after that my company asked me to work in the UK. I started this job in September 06 and my partner came with me to the UK without a visa (which he didn't need). He went back to Australia in November 06 as he was only allowed to stay for 3 months.

Clearly, we have not been living together for 2 years, so we are wondering, if the only possibility for him to get a work permit for the UK is to get married or if there are any other ways to apply. Any advise is appreciated.

Thanks,
CP

cp wrote:Hi there,

We have spoken to several different people and read many different homepages but still don't know what is the best route to go down. This site seems very professional, so I am trying my luck here. Hopefully someone can help.

I (German) met my partner (Australian) about 15 months ago. In February 06 he quit his job to come to live with me in Germany. Just shortly after that my company asked me to work in the UK. I started this job in September 06 and my partner came with me to the UK without a visa (which he didn't need). He went back to Australia in November 06 as he was only allowed to stay for 3 months.

Clearly, we have not been living together for 2 years, so we are wondering, if the only possibility for him to get a work permit for the UK is to get married or if there are any other ways to apply. Any advise is appreciated.

Thanks,
CP

He can look into;
1. Ancestry visa, if he has any direct ancestry with the UK, Rep. of Ireland (parents, grandparents, etc)...or any other EU/EEA country, for that matter...
2. Failing that, a working holiday maker visa (WHM), depending on his age...no qualifications are required...
3. HSMP if he is skilled
4. Student visa if he can afford it...

Sorry, I forgot to mention that he's 40 years old, has no university degree and his family is Australian back to his grandparents. We had checked on these possibilities. Due to his age, we don't really consider the student visa as it is not very good for his CV if he stays without a job in his field for a longer period of time - it has been a year since he quit his job already.

Does this mean, that we have to get married in order for him to be able to come to the UK and work here?

Thanks! CP

cp wrote:Sorry, I forgot to mention that he's 40 years old, has no university degree and his family is Australian back to his grandparents. We had checked on these possibilities. Due to his age, we don't really consider the student visa as it is not very good for his CV if he stays without a job in his field for a longer period of time - it has been a year since he quit his job already.

Does this mean, that we have to get married in order for him to be able to come to the UK and work here?

Thanks! CP

Seems so if all other avenues are closed :(

MFG

I was told by an immigration consultant that we could still try the partnership application (VOF5 for entry clearance and then EEA2 once in the UK) if we have suficient proof that we have a genuine partnership. As this consultant had to revise a few of her statements already, I don't really trust what she says anymore and was wondering what the experts in this forum say. We would really like to try to get my partner here without having to get married.

cp wrote:I was told by an immigration consultant that we could still try the partnership application (VOF5 for entry clearance and then EEA2 once in the UK) if we have suficient proof that we have a genuine partnership. As this consultant had to revise a few of her statements already, I don't really trust what she says anymore and was wondering what the experts in this forum say. We would really like to try to get my partner here without having to get married.

There is a chance there I think, but it will set a precedent that nobody wants really.

UK rules specify 24 months provable relationship akin to marriage, EEA rules just say 'durable relationship'. But it seems the UK criteria is still used with EEA apps. Someone needs to challenge it.

The fact is though I cant see the UK allowing this to happen, 24 months seems to be the worldwide norm in UPV cases, and they don't want the floodgates opened to allow all sorts of ever-shorter term unmarried partners entering the UK and splitting up. Not saying that's ur case I might add....

I'd say go for it if you have the fight and time....

Hi Wanderer,

Thanks for yet another answer. I take it that you assume that we would have to go to court for that, correct? Unfortunately, we don't have the time. My contract is for two years at the moment and I don't want to spend that time fighting. Besides, all that time, my partner couldn't be with me, I assume.

I know that we didn't consider the student visa before but it might just be the best option. I heard that the applicant needs to enroll in particular courses. Do you happen to know a link to find the universities and courses that apply? Is there a kind of visa that allows an individual to live in the UK for e.g. 18 months but not work?

Cheers,
CP