unmarried visa

[muzzyuk]

Hi, I am a british citizen and my japanese girlfriend is looking to join me in the uk. I have read up on the visas she can apply for but she would like to work immediately. Therefore we feel we should apply for the unmarried aprtner visa. The problem is, it states that the couple should have lived together as married for 2 years or more. We have been together over 2 years but due to university commitments for both parties we have only been able to visit each other for a coiuple of months at a time. When we have visited each other, we have always lived together over the 2 year period. My question is: -

Due to my Girlfriend only being allowed to enter the uk previously on a tourist visa and for me being only able to get a visitor visa for japan. Does this satisfy the 'regulation' having lived together in a relationship as married for 2 years or more?

I would appreciate some advice on this topic, cheers!

James

[Kayalami]

IMHO you would not satisfy the criteria for a relationship akin to marriage based on the relatively short time you have spent together as opposed to the length of your relationship. The Entry Clearance Officer will be looking in detail at all relevant details of such a relationship over a minimum period of 2 years as evidenced by joint commitments including but not limited to:

1. Financial - bank accounts, stocks, other investments.

2. Utility bills - gas, electric, telephone, auto insurance.

3. Accomodation - mortgage, tenancy.

4. A will stating the other party as a beneficiary of your estate.

Your girlfiend may wish to explore employment related immigration routes to the UK so you can start living together in a relationship akin to marriage. She may in particular wish to consider the Japanese Youth Exchange Scheme which is operated as a concession outside the immigration rules (although it mirrors the standard Working Holiday Maker scheme which is covered by the rules).

Overview of the JYES

Applicants must be Japanese nationals who are currently present in Japan

Their intention must be primarily to holiday in the UK for a period of up to 12 months

Applicants must be aged between 18 and 25 (exceptions can be made up to age 30)

They cannot be accompanied by children

Applicants can only be accompanied by their spouse if that person has also been granted entry clearance under the same scheme

Applicants must each possess a valid passport and a return travel ticket or funds with which to purchase such a ticket

Applicants must be able to accommodate and maintain themsleves without recourse to public funds

They must be able to show that it is their intention to leave the UK at the end of the period of their stay under the scheme

Applicants must not have previously visited the UK under this scheme.

Good luck

[muzzyuk]

Thanks for the feedback.

Unfortunately the applications for the youth scheme visa have been satisfied now. This was our first choice of action due to the high cost of the settlement visa. I sasked the same question about the unmarried visa above to the ukvisa website and they said it would be upto the descretion of the application analyst as to whether we quualified or not but thought that due in contact over the 2 years we could satisfy the 2 years togehter requirement. However my girlfriend asked the same question to the uk visa office in tokyo and they said we would not qualify. This caused some confusion. Therefore, is this certain? we would not qualify? If not, how long would we need to live together before we could qualify? Considerimng we have been together in a relationship for just over 2 years and have spent 10 months of that time living together.

Thanks

James

[Kayalami]

As you have discovered the answer depends on whom you speak to. However based on the information you provide I believe that you would not be successful - this is just my opinion. The only way to know for sure is to apply. Its not just a case of being 'together' its one of having spent time as a couple in a relationship similar to marriage as evidenced by the sharing of appropriate commitments.

The Entry Clearance Officer needs to be satisfied of the genuiness or otherwise of your relationship. Operational policy at the Home Office is to consider the documents I have described to you amongst others as one of the indicators of a relationship being akin to marriage as opposed to being together for x amount of time. If you haven't got any of these things its then a matter of affidavits and so forth - these carry little weight and would typically be considered as a substitute for a particualr documentation as opposed to the sole evidence of an application as may be in your case. I must say the 10 month time out of two years i.e. less than half the time is not in your favour despite the matter of studying which IMHO is not a ground for compelling reasons. Sorry that is not what you wished to hear but again remember its just my opinion - you may wish to discuss representation with a lawyer or other qualified legal representative who is registered or otherwise exempt from such by the Office of the Immigration Services Commissioner.

Good Luck

[muzzyuk]

THANKYOU for your help and guidance and well wishes!

Cheers

James

[Kayalami]

Welcome and I hope it works out for the two of you.