ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

Unmarried Partner Visa-25 days short of 2 years

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, Administrator

Locked
churby2019
Newly Registered
Posts: 6
Joined: Thu Sep 05, 2019 11:22 am
Hong Kong

Unmarried Partner Visa-25 days short of 2 years

Post by churby2019 » Thu Sep 05, 2019 12:01 pm

Hello,I am Hong Kong citizen and my partner is British Citizen.

I am completely confused about what to do.My Tier 5 youth mobility visa (2 years visa) expires on 18 of September of 2019 and I have to return to Hong Kong if i do not apply the unmarried partner visa.
I have been living with my partner at his mother's during my visa but had to return to Hong Kong to look after my mother for almost 7 months so that would be around 7 months gap in between my 2 years tier 5 visa.

Also I came to the UK 25 days after my Tier 5 visa was originally issued on 18th of September 2017 which means I am 25 days short of the 2 years requirement.
Also my partner has only been in full time permanent employment for 3 months.We have a secure long term place to stay.

I really need some honest advice from someone on my chance of success or Should i return to Hong Kong and come back to UK on a tourist visa for few months to make up the shortfall and go back to Hong Kong to apply at a later date for the unmarried partner visa? Is it even possible to do it that way??

I have phoned up the UKVI hotline to inquire about our situation and they seem to be positive about it but the official website seems to suggest otherwise.

We are desperate not to pay out the extortionate fee if we are going to lose it.PLEASE can someone help us !!! We would really appreciate!!!

User avatar
CR001
Moderator
Posts: 88930
Joined: Thu Mar 08, 2012 10:55 pm
Location: London
Mood:
South Africa

Re: Unmarried Partner Visa-25 days short of 2 years

Post by CR001 » Thu Sep 05, 2019 12:08 pm

I have been living with my partner at his mother's during my visa but had to return to Hong Kong to look after my mother for almost 7 months so that would be around 7 months gap in between my 2 years tier 5 visa.

This might break your 2 year mandatory requirement for living together in a relationship akin to marriage. HO can permit and overlook a break of 6 months. Members have been refused due to long breaks in the living together requirement.
Also I came to the UK 25 days after my Tier 5 visa was originally issued on 18th of September 2017 which means I am 25 days short of the 2 years requirement.
The full 2 years is mandatory for the unmarried partner visa. I am not sure I have seen anyone been granted a visa at discretion waiving this due to the applicant being short.
Also my partner has only been in full time permanent employment for 3 months.We have a secure long term place to stay.
A minimum of 6 months evidence of meeting the financial requirement is mandatory, from either/both of you if applying within the UK.
I really need some honest advice from someone on my chance of success or Should i return to Hong Kong and come back to UK on a tourist visa for few months to make up the shortfall and go back to Hong Kong to apply at a later date for the unmarried partner visa? Is it even possible to do it that way??

I have phoned up the UKVI hotline to inquire about our situation and they seem to be positive about it but the official website seems to suggest otherwise.
It is a risk you will take. What were your relationship arrangements before coming to the UK??

Note also that the 2 years evidence is NOT required if you were married.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

churby2019
Newly Registered
Posts: 6
Joined: Thu Sep 05, 2019 11:22 am
Hong Kong

Re: Unmarried Partner Visa-25 days short of 2 years

Post by churby2019 » Thu Sep 05, 2019 1:24 pm

Hello, Thank you so much for taking time to response.

We only met 4 months before I came to UK with Tier 5 Visa but he did come to Hong Kong to see me for a week before that.

if I am not going to apply the unmarried partner visa from UK Do you think it is possible to come back 2 months after my Tier 5 visa has expired on a tourist visa to stay with my partner for few more months to make up the 2 years requirement? Will this time count towards the 2 years requirement maybe?

churby2019
Newly Registered
Posts: 6
Joined: Thu Sep 05, 2019 11:22 am
Hong Kong

Re: Unmarried Partner Visa-25 days short of 2 years

Post by churby2019 » Thu Sep 05, 2019 1:24 pm

Thank you so much again for your time and trouble I really appreciate it!

churby2019
Newly Registered
Posts: 6
Joined: Thu Sep 05, 2019 11:22 am
Hong Kong

Re: Unmarried Partner Visa-25 days short of 2 years

Post by churby2019 » Thu Sep 05, 2019 1:29 pm

[/quote]
It is a risk you will take. What were your relationship arrangements before coming to the UK??

Note also that the 2 years evidence is NOT required if you were married.
[/quote]

Hello, Thank you so much for taking time to response.

We only met 4 months before I came to UK with Tier 5 Visa but he did come to Hong Kong to see me for a week before that.

if I am not going to apply the unmarried partner visa from UK Do you think it is possible to come back 2 months after my Tier 5 visa has expired on a tourist visa to stay with my partner for few more months to make up the 2 years requirement? Will this time count towards the 2 years requirement maybe?

Thank you so much again for your time and trouble I really appreciate it!

User avatar
seagul
Diamond Member
Posts: 10201
Joined: Thu Nov 12, 2015 11:23 am
Mood:
United Kingdom

Re: Unmarried Partner Visa-25 days short of 2 years

Post by seagul » Thu Sep 05, 2019 7:38 pm

churby2019 wrote:
Thu Sep 05, 2019 1:29 pm
Do you think it is possible to come back 2 months after my Tier 5 visa has expired on a tourist visa to stay with my partner for few more months to make up the 2 years requirement? Will this time count towards the 2 years requirement maybe
That duration might not count and also while entering the UK you will have to declare your purpose honestly to immigration staff who even can deny your entry if you can't satisfy them.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

User avatar
Casa
Moderator
Posts: 25817
Joined: Wed Jul 23, 2008 3:32 pm
United Kingdom

Re: Unmarried Partner Visa-25 days short of 2 years

Post by Casa » Thu Sep 05, 2019 8:14 pm

You should also consider that in order to apply as an unmarried partner, you will need far more than the same address. The Case Worker will want to see documented evidence of a relationship 'akin to marriage', with joint responsibilities such as shared finances, bank account/bills etc. Generally you would be expected to have joint names on a mortgage or tenancy agreement, but as you are living with your partner's family I assume this won't be an option.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

churby2019
Newly Registered
Posts: 6
Joined: Thu Sep 05, 2019 11:22 am
Hong Kong

Re: Unmarried Partner Visa-25 days short of 2 years

Post by churby2019 » Fri Sep 06, 2019 11:09 am

seagul wrote:
Thu Sep 05, 2019 7:38 pm
That duration might not count and also while entering the UK you will have to declare your purpose honestly to immigration staff who even can deny your entry if you can't satisfy them.
Thank you for your response! Its so frustrating :( I wish there was a way i can make up the 25 days shortfall... I do not know what else to do.

churby2019
Newly Registered
Posts: 6
Joined: Thu Sep 05, 2019 11:22 am
Hong Kong

Re: Unmarried Partner Visa-25 days short of 2 years

Post by churby2019 » Fri Sep 06, 2019 11:44 am

Casa wrote:
Thu Sep 05, 2019 8:14 pm
You should also consider that in order to apply as an unmarried partner, you will need far more than the same address. The Case Worker will want to see documented evidence of a relationship 'akin to marriage', with joint responsibilities such as shared finances, bank account/bills etc. Generally you would be expected to have joint names on a mortgage or tenancy agreement, but as you are living with your partner's family I assume this won't be an option.
Hi Casa, Thank you so much for your time to response.

Yes We do have different correspondence with our names and address Individually.
We do not have joint responsibilities such as bank account but we do pay rent together to my partners mother which is around £200 monthly and we both go half on it. I am not sure if that would count into joint responsibilities.Also my phone contract in UK is under my partners name so he is paying for 2 phone contracts every month.

Do you think i should apply the application or not? Is there any chance i will be successful?

Again Thank you so much your time and response!

Locked