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Dependant of Tier 5 Worker - Same Gender Unmarried Partner

Only for UK Tier 5 (Temporary work) points system
Also includes the Youth Mobility Scheme Tier 5

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Bud2010
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Dependant of Tier 5 Worker - Same Gender Unmarried Partner

Post by Bud2010 » Thu Aug 12, 2010 2:04 am

hi. i'm in the middle of figuring out whether i am eligible to become my partner's dependant (same sex/unmarried partner). we're both non-EU nationals. my partner has a Tier 5 temporary worker visa. we have lived together for more than 2 years in the UK. we have bank statements, letters from the HMRC, DWP, NHS, payslips, utility bills which all show that we have been living together at the same addresses for more than 2 years in the UK (some of these, such as the letters from HMRC, obviously do not span the whole 24 months but they can be used to corroborate with other statements/letters/payslips/bills to show the same address at a particular time). we've actually been together for more than 6 years but that includes the time in our home country (so we do not have evidence that spans the whole 6 years).

we do NOT have JOINT bank accounts because we've been managing our finances together using individual bank accounts (actually this only shows how we trust each other to the point of handling the other person's online bank account password etc, but i'm not sure if the UK immigration officers will see it that way). we also do not have our names on council tax bills or tenancy agreements for the past 2 years because we only rent a room from main tenants of the houses/flats that we've been living in (only their names are on the council tax bills). however, from this year onwards we do have both our names on a tenancy agreement.

my questions are: would individual bank statements/letters/payslips/bills sent to the same address be good enough (as evidence) to show that we've been living together in the past 2 years? as for the part about being "akin to marriage" - could this be portrayed by the fact that we intend to live together permanently - for example, can a statutory declaration/affidavit/whatever document be used as evidence of our partnership being "akin to marriage"?

it is important to note that tier 5 workers are not here for settlement (neither my partner nor i are going to be settled in the UK after my partner's current visa expires). we don't have any problem in showing maintenance funds in our bank accounts and we definitely do NOT need any public funds or benefits. i hope somebody could please help me with the questions above.. or perhaps with sharing their own experience in obtaining a same sex/unmarried partner dependant visa of a tier 5 worker.. thank you..

The Station Agent
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Post by The Station Agent » Fri Aug 13, 2010 2:05 pm

They will want some kind of evidence that you've been at least living together and in a relationship for the whole of the 2 years at least. You don't have to have joint accounts but if your statements were in a different address that would be a problem.

how have you been living here? what status have you been on?

If you've been here as a visitor then perhaps they would refuse you for that fact alone. Prior behaviour is an important factor in an entry clearance application.

Bud2010
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Visitor forming a small part of the 2-year period

Post by Bud2010 » Sun Aug 15, 2010 5:11 pm

The Station Agent wrote:They will want some kind of evidence that you've been at least living together and in a relationship for the whole of the 2 years at least. You don't have to have joint accounts but if your statements were in a different address that would be a problem.

how have you been living here? what status have you been on?

If you've been here as a visitor then perhaps they would refuse you for that fact alone. Prior behaviour is an important factor in an entry clearance application.
Thanks for replying. Our statements/letters/etc have all been sent to the same addresses ("addresses" written in the plural because we've been moving together from one house to another for the past 2+ years).

Would being a visitor be automatically considered as bad behaviour? Before this, I was in the UK under a work-enabling visa for 2 years. When that visa expired, I followed the rules; I left the country and re-entered as a visitor, and I have NOT been working at all while being here as a visitor. In other words, I have not gone against any immigration law. I also remember reading a guidance that pointed out that the 2-year period for unmarried partners can also include a partner who's staying with his/her partner as a visitor (of course not for the entire 2-year period, but the point is, he/she could have been a visitor for a few months within the 2-year period). Any comments on this? Thanks.

The Station Agent
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Post by The Station Agent » Mon Aug 16, 2010 3:31 pm

Being here for a visitor for more than 6 months in any 12-month period is a bit of a no-no. They may also say you were not a "visitor" in the usual sense because you were in a relationship with a UK resident.

In order to apply as a partner you need entry clearance before coming here. you can't apply here if you are on visitor status.

Bud2010
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Post by Bud2010 » Mon Aug 16, 2010 9:12 pm

The Station Agent wrote:Being here for a visitor for more than 6 months in any 12-month period is a bit of a no-no. They may also say you were not a "visitor" in the usual sense because you were in a relationship with a UK resident.

In order to apply as a partner you need entry clearance before coming here. you can't apply here if you are on visitor status.
Hi again. Just to be clear, I have NEVER overstayed in the UK. Although right now I'm a visitor, I do NOT intend to stay here as a visitor for more than 6 months, that's why I want to return to my home country and apply for a dependant visa as soon as possible.

Before posting this topic online, I've already checked the PBS laws, rules and guidelines for unmarried partners. According to the UKBA Guidance Note - under SET 5.12, it is mentioned that:

"Where a couple have been living together for the preceding 2-year period but have been dividing their time between countries and may, for example, have used the 'visitor' category, then this will be sufficient to meet the requirement."

It seems as though using the visitor category within the 2-year period is not necessarily a reason to disqualify a person. My partner and I are of the same gender and cannot get married in our home country, so I just need to be sure about the evidence that I already have (as mentioned in my first post) and what could be done to strengthen my case at this point. I guess this issue is a bit too specific to my case. Nevertheless, thank you for responding. :)

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