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ILR application for unmarried partner

Posted: Sat Jun 18, 2011 5:32 pm
by Dustin
My unmarried partner and I have completed 5 years in the uk - me on an ancestral visa and my unmarrried parner dependant on my visa.

Now we are loking to apply for ILR. From the research I have completed it looks like we need to apply using the SET(O) form. This does not appear to state what documentation we need to provide to support the application for unmarried partner. The only detail requested in the form pertains to spouses or civil partner and requests proof of co-habbitation for the last 2 years.

Surely we should need to provide detail / docs proving that we are living together and still in a relationship? or perhaps should we be completing a different application form?

Please could you advise on what form we should be using to apply for ILR and what supporting documentation should be included to support in proving the 'unmarried' relationship. Presume it will be the standard docs such as banks statements, bills, utilities etc but am looking for something more prescriptive to ensure that we are ticking all the boxes.

Posted: Sat Jun 18, 2011 8:09 pm
by Dustin
Does anyone have any experience / comments / advice on this as I have an in person application in the near furture.

Any hep will be much appreciated...

Regards

Posted: Sun Jun 19, 2011 8:36 pm
by geriatrix
There seems to be no provision for "unmarried partner" to apply for settlement as dependant (196D) of a person in the UK under ancestry (183-196). It appears that unmarried or same-sex partners can only apply for leave to enter / remain (295J), not settlement.

In such case, you'll need to apply for settlement for self (only). After you are granted settlement your partner will need to switch to FLR(M), and then apply for settlement after 2 years (under current rules) of being granted FLR(M) leave.

When do you become eligible to apply for settlement?
When does your partner's current leave expire?

Posted: Sun Jun 19, 2011 10:19 pm
by Dustin
We are eligible now to apply for ILR. As my partners visa corresponds to mine our visas both expire on the same date - in about 4 yrs 10 months ( we had to exetend my ancestral visa as we arrived 2 months into the validity date and thus extended to obtain the 5 year requirement)

We were advised that my partener could apply for ILR at the same time I do? I have had numerous calls with the home office that have confirmed this yet have read some conflicting information - confusing!

Posted: Sun Jun 19, 2011 10:25 pm
by vinny
Although perhaps not explicit in the Immigration rules, the Immigration Directorite Instructions (4.5) do allow unmarried partners to be included in UK ancestry's ILR applications.

Include similar cohabitation proof as requested in form SET(M).

Posted: Sun Jun 19, 2011 10:37 pm
by Dustin
Thank you for the advice. Back to my original query what documentation is required for this application?

Any guidance would be much appreciated.

Thanks

Posted: Mon Jun 20, 2011 4:12 am
by geriatrix
vinny wrote:Although perhaps not explicit in the Immigration rules, the Immigration Directorite Instructions (4.5) do allow unmarried partners to be included in UK ancestry's ILR applications.
I wonder why it is so .. I mean, not mention it in the rules but in the IDI!