Student Visa to Unmarried Partner Visa

[michypoo]

Hi,

I have been reading through the forums, and first of all I'd like to say, this is so full of useful information! I had been looking for something like this for a while, with advice and people's experiences, and I do not know how I didn't come across it before! I must be a bit slow.

Anyways, I am currently on a Student Visa, which expires in June 2008. I moved to the UK in February 2006, and have a British partner, we met back in 2004, and have been in a relationship since, but of course, living together only since February '06. We want to apply for the unmarried partner visa in February 2008, and I have contacted the Home Office with queries a couple of times, but I have had some conflicting advice, and was hoping someone with experience could clarify!

My questions:

1) Initially I was told by the HO that I would have to apply from my home country, but later on was told that I could apply from the UK as long as my partner was British.

2) I have been told once that I can change from Student Visa to UPV, but once was told this was not possible? I have read in previous posts that you can, but would like some reassurance

3) We have plenty of evidence for this year re us living together, but during the first year I was here, I had no bills in my name and we were living with his grandmother (she had just lost her husband and we both agreed before I moved here that we would stay with her for support) so there is no rent agreement either. For 2006 I only have bank statements and my first one is from around June - not sure why they took so long to send one, since I opened my account in February. My question is, will this be a huge problem, or, as mentioned in the application form, will we be able to explain in a letter why I had no bills in my name?

4)As mentioned before, during the first year we lived as a couple with his gran, and we did pay her rent of course, although this wasn't official. Should we ask her to send a letter confirming this?

For the year 2007, I feel there is no problem - we have rent agreement and all sorts of documentation to prove it.

Could I also have your thoughts on whether this would be a straightforward application in order for us to go for the premium service, or should I go for postal application instead? I'm quite impatient so would prefer the premium service!

I know this is a massive post, I do hope they're not extremely annoying questions, and many thanks in advance for all your help!

[vinny]

1. Yes. You may apply from within the UK in accordance with paragraph 295E of the Immigration Rules.

2. 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

3. It may be a problem if you cannot fulfill the requirements of Form FLR(M).

4. Perhaps you should also ask for confirmation from the landlord, giving you permission to stay during that time.

[michypoo]

Hi Vinny,

Many thanks for your reply, much appreciated!

3. It may be a problem if you cannot fulfill the requirements of Form FLR(M).

Do you think it would help if I requested a letter from my doctor and bank confirmind when I registered/opened and an account with them and which address I used back then? I think this is my only issue, the first couple of months I was here I had no correspondence at all, my first correspondence is around May from the DWP with my NI number, and then my first bank statement.

4. Perhaps you should also ask for confirmation from the landlord, giving you permission to stay during that time.

My partner's gran has no landlord as she owns the house. Would a letter from her suffice?

Also, when I applied for my student visa, I provided letters from my partner and his gran confirming I would be staying at that address. Would this help?

Also, do you think maybe this would be straightforward enough for me to go for the premium service, or should I go for postal application

Thanks!

[vinny]

The more documentary evidence for the initial period that you can submit, the better.

[Wanderer]

I wouldn't risk a personal appointment on this one either.

[ampolla]

Hi there,

I decided to resurrect this post as it is very relevant to my situation.

I am on a student visa (that expires March 09) and would like to switch to an UPV while I'm here in UK, is that possible? I saw from Vinny's reply that would be but I'm not sure if I have to have a minimum length on my current visa.
My back ground I'm South American and have been with my partner for 3 years. He is European and just became a UK citizen. I was planning to go back home to do the switch from there but since I'm being treated for severe anxiety and depression at the moment I'd rather to do it from here.
Another question is in relation to the application itself: I did not attend many classes nor took the exams I should have due to the illness (thanks to God, my good GP, my partner and the Samaritans, I'm on road to recovery.- It sounded like an Oscar thank you speech, didn't it?). My GP wrote a letter to college and with the same letter I had my exams transferred to June 09 ( However I believe I'll only be able to take them in Dec 09 to be really honest with myself...). Do you think the failure in taken the exams and therefore to show progress in my course could affect my application?
Would I be better off applying from home, or here via premium service?

I look forward to hearing from you

[Casa]

If you're applying under UK law and your student visa hasn't been extended you can no longer switch to UPV from within the UK...rules have recently been tightened. However, if you are applying under EEA regulations then you will be able to switch. However, the fact that you haven't been attending your course could affect your application. I'd suggest that you get some professional advice from an OISC registered immigration advisor.

[ampolla]

Thank you Casa.

I gather that I would be able to swap from here since I'm able to renew my student visa here.

I guess I just need to sort out the other issue putting medical evidence together, find myself an advisor and try not to worry too much. As the signature of one of the members says, "oh the drama!"

Alternatively, I could try to persuade my partner to come with me to enjoy a happy life in a sunny tropical country... Imagine: brave the credit crunch laying on the beach feeling the sea breeze on your face and refreshing the troubled mind with cool a drink.

[Casa]

Ampolla, there has been an important development regarding switching for UPV's. It appears that the restriction has been lifted, following internal memo, as long as you have 6 months on your current visa.
Check out thread on the subject: ukresident.com/forums

[ampolla]

Hi Casa, hi guys

I thought would be useful to post an updated on my case.

I got my visa and everything was fine.

As I mentioned, I was switching from student to unmarried partner.

I tried to apply via premium service but on the day on the "screening" I was told that I had to apply via post since my case wasn't straight forward.

(I was off college for a while due medical reasons- I'm well now and will be back to finish my course in September!)

I applied via post service, had my biometrics done and that was it ... "Bob is your uncle" The whole procedure took about 2,5 months what took longer was an available date for the biometrics.



to sum up:

I was able to switch in UK under UK law; All I needed was "to have more than 6 month 'aggregated' leave" (don't ask me what that means... All I know is that I qualified since I always been able to renew in the country with no need for an entry clearance)

I had t have a valid visa, but no need to have 6 months left, In my case I applied a month before my visa expired.

Documentation in order (college letter, doctor's note and the docs necessary for the UPV)


Remember:
If you are going to apply via post, make your application is idiot proof.

Add a covering letter explaining the visa you are applying, and explain why you added copy rather than original or why something might be missing ( in our case, my partner's passport was to follow when requested as he needs it for travelling and we weren't sure how long those documents would be with HO)

We listed all the documents in order in an organised bundle.

We both signed the letter and application (of course!)

All the best

Ampolla

[Casa]

Congratulations...and thanks for the update.