Advice on Unmarried Partner Visa & Spouse Visa

[Sarah42]

Hi everyone,

Apologies if what I’m about to ask has been discussed elsewhere – or if this is posted in the wrong topic area.

I’m an Australian citizen living in the UK with my Spanish partner. I’m on a Tier 5 Youth Mobility visa, which is due to expire in early July this year. My partner works for the Government and is on a 2 year contract – so we need to stay until his work is finished. At this stage we are trying to work out the best option for my visa, and so far have:

Option 1: Unmarried Partner Visa
We’ve been together for 5 years, but unfortunately just fall short of proving the 2 year living together requirement – by September we’ll be able to meet the criteria, but my visa expires in July. Is it an option for me to leave a few days before my visa expires, go to Spain for a week, then return just as a tourist on an Australian passport? I assume I may have to show onward or return ticket / proof of funds? I think this allows me to stay 6 months, obviously without working - Would I then be able to apply for the partner visa in September, when we can prove the 2 years living together? Are there restrictions on entering the UK after an expired tier 5 visa? Our names would still be on the same lease, but does living together while on a tourist visa for those months count? (Sorry for question overload!)

Option 2: Marriage / Spouse Visa
Not our favourite option, but we have discussed getting married in the next month. We were planning on this at some stage, though ideally not like this! Do you need to have been married for a certain period of time before applying for the spouse visa? Are they likely to reject this as a marriage of convenience or something?

Any advice or suggestions would be greatly appreciated – feeling a little overwhelmed at the moment!
Thanks in advance

[CR001]

Unmarried Partner Visa and Spouse Visa is for applications under the UK Immigration rules. There is an income requirement to be met for this.

Unless your partner is a permanent resident and has lived in the UK for the required 5 years exercising treaty rights.

You need to look at applying under the EU regulation for a EEA Family Permit or EEA Residence Permit. Unfortunately if you are not married, minimum of 2 years cohabitation is required to prove durable relationship.

Simple application if you are married.