Hi- reaching out as I have heard some legal advice that directly conflicts with each-other both concerning the unmarried partner visa.
My partner (UK national) and I (US national) lived in the UK together for 2 years 3 months (August 2017- October 2019) living in the same flat (with tenancy agreements as proof, bills, etc.) during my time of study in the UK. I exited the UK on the 14th October 2019, when my Tier 4 student visa due to expire, and was due to apply for our unmarried partner visa at the earliest date possible- which was in April 2020 and for me to return ASAP. We were unable to apply early as my partner is a sole director of his company only as of April 2019 and therefore needed a full 12 months of pay-slips or tax returns (as was advised by our initial advisor).
*Might be worth noting he is now ALSO employed as of Dec 2019.
Our new consultant has told us as that though the unmarried partner visa is based off of a 24 month period of living together, it is highly unlikely we would qualify for this visa (if we were to do so with me out of uk till April 2020) as we would have been living separately for the past 7 months, and on this visa I should not have left the country with us living seperately for more than 90 days at most (currently at this date exactly!).
This overall would leave a 7 month gap of me being outside the UK and us living separately, though I only left the UK on the premise that this was out
Of necessity and would not be an issue.
We are now being told the best route would be through a different family visa (fiancé or spouse)- and as we were planning on getting married anyway to do so now. Though our intentions were always for this to happen completely outside of our visa needs.
Does anyone else have any experience with this period of cohabitation not being directly prior to the date of submission of visa? Please help!
- FAQ
- Login
- Register
- Call Workpermit.com for a paid service +44 (0)344-991-9222