Unmarried WHM partner in-country -can switch to spouse visa?

Hi.

My employer is in the process of applying for a work permit for me. I am
currently in the UK on a Working Holiday Visa with my unmarried partner who
is also here on a Working Holiday Visa (we have been together for 2+ years
with substantial documentary evidence).

Assuming my work permit application is successful and I apply for FLR(IED),
because of the current processing times for FLR, my partner's current visa
will likely expire before it is processed. Can he apply for his
spouse visa through my FLR(IED) form (there is a section on that form that seems to be for this) or must he leave the country and apply to join me at an overseas
mission? I suppose the crux of the question is can someone on a WHM visa switch to a spousal visa in-country in the same FLR(IED) application of the Work Permit holder.

I've made an appointment with a solicitor but that's not for a while yet and their feeling was no, my partner will have to apply from overseas. Another solicitor who is too busy to take our case says he has had some success with making such applications from within the UK - there seems to be some concession that can be made.

If we must apply from an overseas mission must my FLR(IED) application be fully processed first or can the two applications be submitted in parallel? If not then, based on current processing times, it could be a matter of 8 or more months before we can cohabitate again (and 4 months before I can even visit him as my passport is retained for the length of the FLR(IED) application).

Thanks for any advice you can offer.
MrBaboo.

I've had some advice from another source that although switching from WHM to Unmarried Partner Visa is not strictly possible, there have been some successful cases (when accompanied with the partner's FLR(IED) application) and that in the worst case the application will be refused, the partner will have to leave the UK and will then have to be made again overseas.

FLR(O) (a 6 month visitor's visa) is also another way to legally remain together while the partner's FLR(IED) application is in progress. Once the FLR(IED) is approved, the unmarried partner can then return home and apply on the basis of their partner's approval.

The risk with the unmarried partner returning home in the first instance to make the application is that the overseas official may take the line that no application can be made until the FLR(IED) is approved (which is taking 3-4 months at the present moment).

Good news today!

The FLR(IED) for myself and my unmarried partner were both approved today. In total it took about 10 days for the approval (sent on 25/Feb/05, letter of receipt from Home Office dated 28/Feb/05, approval letter, passports and documentary evidence returned 10/Mar/05).

Although my unmarried partner was here on a WHM visa (like myself) he was able to switch to an unmarried partner visa (outside the normal immigration rules) without any hassles. We had extremely strong and comprehensive evidence of relationship and co-habitation in excess of 2 years as well as documentary evidence of a strong income and substantial savings.

Given the disparity between published FLR(IED) processing times and our experienced processing time I think this adds more weight to the theory that FLR(IED)s (and possibly HSMP applications) are being processed on a last-in first-out basis.

Michael.