Unmarried Partner Visa Query

My Brazilian girlfriend wants to apply for a UPV next year. She is on a SV valid until Sept 2008 and the 24 month qualifying period should end in July 2008.

We have been together everyday except for a 3 month period when she had to return to Brazil in order to apply for a student visa. We were expecting only to be apart for 1 month but her Student Visa was initially refused.

1) Is this 3 month separation going to make the application a non starter ?

2) Are we better applying right up to the end of her SV in Sept 2008 when we would have lived together 24 months during a 27 month period ?

3) Or does the time together need to be continuous ?, i.e. we need to wait until Dec 2008 requiring her to have her Student Visa extended again.

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

In order to assess whether a couple is in a genuine long-term relationship we would expect to see evidence of cohabitation for the preceding 2 year period. Short breaks apart of up to 6 months would be acceptable for good reasons, such as work commitments, or caring for a dependent relative. Evidence must be provided which shows that the relationship continued throughout that period by visits, letters etc.

Thanks, I think we would at least in principle qualify. We were effectively temporarily separated due to my work commitment having to stay in the UK and the new student visa rules which forced my girlfriend to return home to apply.

For the 3 months we were apart we kept in touch daily but communicated via the internet, mainly MSN and Skype phone, i.e, no tangible evidence. Even when I called her on the normal telephone it was through 3rd party access numbers via another telecoms carrier, i.e. nothing on my BT bill.

However what do you think about this evidence which shows I supported her during this time and infers we must have communicated considerably during this time,

1) I was her student visa sponsor and had to deal with her first refusal so surely it would be inconceivable not to have communicated with her regularly during this time.
2) Also I have a Western Union money transfer receipt showing I transferred money to her during this time.
3) And also she had a credit card on my account and I have credit card statements showing it was used in her home city many times during this time.

Sounds pretty good.

Victoria

If its any help, your MSN conversations are stored on your PC, so although probably not evidence that would stand up in a court of law, you could access any conversations you have had with her.

I have a similar query.

On my case I'm on Student visa to be renewed at the end of Feb 2008.

My Partner and I are planning to apply for a unmarried visa for me. (he is a EEA member) However we complete 24 months under the same house (with supportive evidence) in May 2008.

My question is: Do I have to renew my Student visa first to then apply for the unmarried visa?

What would be the most advisable step to take?

If I go back to my country on 1st March ( when visa ends) can I apply from there in May, even after have spent 2 months away and not here with him?


Any insights would be greatly appreciated

thanks

Orange wednesday wrote:I have a similar query.

On my case I'm on Student visa to be renewed at the end of Feb 2008.

My Partner and I are planning to apply for a unmarried visa for me. (he is a EEA member) However we complete 24 months under the same house (with supportive evidence) in May 2008.

My question is: Do I have to renew my Student visa first to then apply for the unmarried visa?

What would be the most advisable step to take?

If I go back to my country on 1st March ( when visa ends) can I apply from there in May, even after have spent 2 months away and not here with him?


Any insights would be greatly appreciated

thanks

What is your nationality? What level of education are you studying (e.g. BA or Master's)? You will need to make 2 full years before applying, so a student visa extension is required.

How long has your EEA partner been in the UK, and what is his nationality?

Thanks for your reply.

I am Brazilian studying BA course. He is Italian 5 years in Uk.

I was planning to go to Br in March to oversee my grandmother knee surgery and house improvements ( adaptations for bathroom and possible wheelchair stuff). My mum is to soft with builders, and my granny is too stubborn to follow my mums instructions she only does what I tell her.

So seems a waste of money renewing a visa in feb when I will have to be away for about 3 to 4 months any way. But if it the only way so will do it.



thanks

If or When I apply for a unmarried partner visa does my partner have to have applied for ILR or his citizenship before hand?

Thanks