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Unmarried Partner Visa – 2 days short!

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JollyPhil
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Unmarried Partner Visa – 2 days short!

Post by JollyPhil » Sat Nov 17, 2007 11:01 pm

Hi all.

I'm hoping for some positive advice from the experts amongst you regarding my girlfriend's application for an Unmarried Partner Visa.

Briefly: I am a UK citizen, my girlfriend is Australian. We'd met and become friends in 2001 whilst I worked in Sydney, but the relationship proper only began in July 2005 when I returned to Sydney for a three month visit. I did live with her for several weeks towards the end of this holiday period but unfortunately we have no documentary evidence save for one doctor's letter sent to me at her address. I returned to the UK in September 2005, having made the decision that she would apply for a WHV and follow me to London. She duly arrived on 8 February 2006.

We signed a lease on 10 February – two days later – and have lived together since that date, albeit in two different London properties and with a three-month period of travel (together) sandwiched between the two.

So, to the rub.

We'd like to apply for an Unmarried Partner Visa but it appears that the minimum two year domesticity stipulation is set in stone. As I understand things, our period of travel together can be proven by passport stamps, credit card bills, photographs and the like. However, as we stand our application would still need to be made two days after her current WHV is due to expire. I always assumed that a couple of days here or there wouldn't be an issue, but having read some of the horror stories on here I'm just a little concerened.

Should I be? If so, can anyone offer a solution to this problem that doesn't involve her having to leave the country for the sake of a couple of days?

For the record, our two interim days between her arriving in the UK and us moving into our first property was spent together in a hotel. God knows if I have anything to prove this, but would it make a difference if I had? Alternatively, we do have email records of the discourse between us prior to her arrival in 2006 but I don't know if this would be proof enough to bring the 'domesticity date' forward.

Two days, jeopardising a happy couple's future together? Only in Britain...

Cheers in advance for your help and advice.

Phil

vinny
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Unmarried Partner Visa – 2 days short!

Post by vinny » Sun Nov 18, 2007 1:35 am

Suggest that she makes a FLR(M) postal application before her current WHM visa expires and enclosing payment by cheque.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

asaxyd
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Post by asaxyd » Sun Dec 02, 2007 4:23 am

You should find out whether she can change her status from the UK. Accoding to the new law, the only visa that allows you to change your status without having to return to your country of origin is the student visa.

I'd strongly advise you to look into it, because it sounds like she might have to leave the country anyways, regardless of whether or not you're 2 days short of proof (which shouldn't be a problem)

JAJ
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Post by JAJ » Sun Dec 02, 2007 4:45 am

asaxyd wrote:You should find out whether she can change her status from the UK. Accoding to the new law, the only visa that allows you to change your status without having to return to your country of origin is the student visa.

What law is that then?

asaxyd
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Post by asaxyd » Sun Dec 02, 2007 5:16 am

What law is that then?[/quote]


A change to the immigration rule that came into effect on 13 March 2006 which states that you can't switch your immigration status from within UK, unless you are a student.

http://www.ind.homeoffice.gov.uk/lawand ... ymemohc974

vinny
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Unmarried Partner Visa – 2 days short!

Post by vinny » Sun Dec 02, 2007 8:29 am

If paragraph 295E (Leave to remain as the unmarried or same-sex partner of a person present and settled in the United Kingdom) of the Immigration Rules is applicable, then an in-country application for FLR(M) is allowable under 295D(i).

See also Chapter 8 - Family members, Section 9 - Unmarried and same sex relationships and
Chapter 8 - Family members annexes, Annex Z - Further guidance on the unmarried and same sex partners rules and required levels of documents.
Last edited by vinny on Fri Jun 06, 2008 10:47 pm, edited 1 time in total.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Jon_H
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Post by Jon_H » Sun Dec 02, 2007 11:59 am

Phil, my wife applied for a spouse visa about a week after her work permit visa had expired and was refused. Whatever you do do not put yourself in the position where your partner is here without a visa, you will regret it.

I know it sounds expensive but you are much better off leaving and staying legal.

That said the experts (Victoria?) might well tell you that you are legal as long as your application was submitted while you have leave to remain, and if you have lived together 2 years by the time they actually deal with your application you will be fine, I don't know. Get some professional advice.

If at the end of the day your partner has to go to Canberra in person, then just be grateful that it is far far easier to do this in Australia than just about anywhere else. Despite the overstay my wife got her Visa in 10 days. Would have been the following day without it.

Also if you do find you need to go down the Canberra route (in person is quicker) then you might want to go with her. Suggest you ask on here that question to see what others have done.

VictoriaS
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Post by VictoriaS » Mon Dec 03, 2007 5:16 pm

Jollyphil - the two days won't matter,as you can apply 28 days before the qualifying date. Just make sure the application goes in before her current visa expires.

asaxyd - not true at all. It is possible to switch from whm to UP.

Victoria
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Nowty
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Post by Nowty » Wed Dec 05, 2007 1:00 pm

Victoria - Can you just confirm that again. You said that you can apply for an UPV 28 days before the 2 year qualifying period is up ?

I thought it was pretty much 24 months and not a day sooner ?

I thought the 28 days before rule was only for applying for ILR 2 years after you already had a spouse or UPV.

If this is possible could you provide a link to the rule for this.

jes2jes
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Post by jes2jes » Wed Dec 05, 2007 1:04 pm

Nowty wrote:Victoria - Can you just confirm that again. You said that you can apply for an UPV 28 days before the 2 year qualifying period is up ?

I thought it was pretty much 24 months and not a day sooner ?

I thought the 28 days before rule was only for applying for ILR 2 years after you already had a spouse or UPV.

If this is possible could you provide a link to the rule for this.
28 days is for all immigration applications!
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VictoriaS
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Post by VictoriaS » Wed Dec 05, 2007 1:58 pm

Oh, it's there in the IDI's somewhere...

If applying for UP visa when you are a little short, I would suggest applying by post though, not in person, as the people on the PCU have been known to be a bit of a pain on this.


Victoria
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JollyPhil
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Post by JollyPhil » Thu Dec 06, 2007 1:27 pm

Thanks to everyone for your replies.

It seems that our way forward will be to make the application by post as close to the expiry of her current visa.

Now I have another question pertaining to our application. Hopefully you guys can also put my mind at rest over the following:

We travelled via China to Australia and back at the beginning of this year. We spent one month together in China, flew to Sydney and stayed with my girlfriend's parents for six weeks. I then flew to SE Asia for 27 days whilst she remained in Sydney. Finally, we met up in Hong Kong and flew back to the UK. In total, we were out of the UK for approx 14 weeks.

Does anyone think that this period will cause complications to our application?

By way of proof showing our togetherness during this period we have the following:

• Flight itineraries for us both
• Travel insurance booked in both names
• Bank and credit card statements (but not joint accounts) to show spending in the various countries at roughly the same times
• A couple of electronic transactions between her bank account in Oz and mine in the UK (whilst we were apart for the 27 days)
• Email contact between us for the 27 day period
• Plenty of photos, as you'd imagine
• And, of course, visas and passport stamps showing that we entered and exited the various countries together.

Her father has also offered to sign a statutory declaration in Australia to confirm that we stayed with him for the period that we did, but I don't know if this will be acceptable or even useful under the circumstances.

In honesty, I really didn't think this would be an issue. Now I'm worrying!

Any thoughts?

VictoriaS
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Post by VictoriaS » Thu Dec 06, 2007 1:32 pm

Not an issue.

Victoria
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