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Tier 5 to unmarried partner question

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Marriage | Unmarried Partners | Fiancé/e | Ancestry

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noodles101487
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Joined: Sat Jul 30, 2011 12:22 pm

Tier 5 to unmarried partner question

Post by noodles101487 » Sat Jul 30, 2011 12:40 pm

Hi All,

Im wondering if someone can clarify something for me....

I am Britsih(born here) and my girlfreind is Australian(born), we met while I lived in Australia and moved in together in Sydney, around 4 months after that we decided to come to the the UK and my girlfreind came over on a tier 5 visa.

Now her 2 years is almost up next (February) and we want to apply for the unmarried partner visa in December as we should have sufficient evidence of living together in Australia and the UK for just over 2 years.

The quetsions that I have are as follows:
1. Is it only the time living together in the UK that counts.
2. Can we actually switch to this visa while she is in the UK or will she have to leave to apply as its my understanding that you cannot switch visas if your here on a tier 5.

Any help would be much appreciated.

Many Thanks

wf
Member of Standing
Posts: 327
Joined: Tue Mar 04, 2008 4:30 am

Post by wf » Mon Aug 01, 2011 11:55 am

1) Time spent living together in any country counts, as long as you have sufficient proof.
2) Tier 5 YMS can only switch into unmarried partner and spouse visas, so you are OK provided you meet all other requirements

nicolerose03
Newly Registered
Posts: 5
Joined: Thu Jan 19, 2012 9:55 pm
Location: Liverpool

me too!

Post by nicolerose03 » Thu Jan 19, 2012 10:10 pm

Hi, I am basically the exact same situation!

My boyfriend is a british citizen and I am Australian. I moved straight in with him, so we will have been living together for the whole 2 years of my YMS visa.

I had always thought(as the UK border website is terrible to navigate) that I would have to leave the UK and apply for an unmarried partner visa from Australia, but since doing a lot more research we've found that it may be possible to switch categories to an Unmarried Partner visa within 28 days of my current YMS expiring.

BUT when I called the UK advice line to clarify this, the woman told me I would need to have 6 months left of my visa BEFORE switching categories.

We are so confused! My boyfriend thinks maybe the wording is just the problem. Because it does say on the website how you need to have been given more than 6 months stay.

Just so confused as to whether I can switch categories in the UK or I have to apply from Australia.

I entered the UK on June 12th 2010 and so it expires June 12th this year.

The UK border lady I spoke to just told me to speak to an immigration lawyer if I want confirmation. :?

wf
Member of Standing
Posts: 327
Joined: Tue Mar 04, 2008 4:30 am

Post by wf » Thu Jan 26, 2012 10:16 pm

You are eligible to apply.

The 6 month requirement relates to the last period of leave you were granted having to be for more than 6 months. As the Tier 5/YMS is granted for 2 years it satisfies this condition.

http://www.ukba.homeoffice.gov.uk/visas ... you-apply/
Can you 'switch' if you are already in the UK?

You may be allowed to switch into the category of husband, wife or civil partner if:

you entered the UK in a different immigration category (for example, as a student), and you have been given permission to live here for a total of more than 6 months since your most recent admission to the UK. For example, you can switch if we gave you a 3-month visa and then permission to remain for 5 months, totalling 8 months. Your current permission must have been given in accordance with the Immigration Rules, not 'exceptionally' (outside the Immigration Rules).

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