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Tier 2 applicant - Will my partner need a visa?

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

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ziff
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Tier 2 applicant - Will my partner need a visa?

Post by ziff » Tue Jul 22, 2014 10:55 pm

I have a Certificate of Sponsorship to begin work soon (beginning of September). I am only going to work in the UK for 9 or 10 months. I wish to bring my unmarried partner to live with me. She plans to be out of the UK for 1-2 months around Dec-Jan, so is hoping for a 3 month stay, followed by a a 4-5 month stay after a month or more break.

So the question is, can we pull this off without applying for a visa for her, by having her simply visit me twice?

The reason I am apprehensive about applying for a visa (besides the cost -- I see 512GBP per dependent) is that we are unmarried and, although our relationship has lasted 9 years, we have not cohabitated continually (we did for the past year, but before that were long-distance 2 years due to being at different grad schools). And, we don't share bank accounts So I am worried we will not be able to provide adequate documentation to satisfy them. Thanks for any advice.

physicskate
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Re: Tier 2 applicant - Will my partner need a visa?

Post by physicskate » Tue Jul 22, 2014 11:19 pm

ziff wrote:I have a Certificate of Sponsorship to begin work soon (beginning of September). I am only going to work in the UK for 9 or 10 months. I wish to bring my unmarried partner to live with me. She plans to be out of the UK for 1-2 months around Dec-Jan, so is hoping for a 3 month stay, followed by a a 4-5 month stay after a month or more break.

So the question is, can we pull this off without applying for a visa for her, by having her simply visit me twice?

The reason I am apprehensive about applying for a visa (besides the cost -- I see 512GBP per dependent) is that we are unmarried and, although our relationship has lasted 9 years, we have not cohabitated continually (we did for the past year, but before that were long-distance 2 years due to being at different grad schools). And, we don't share bank accounts So I am worried we will not be able to provide adequate documentation to satisfy them. Thanks for any advice.

The rule of thumb is not to spend more than 6 months out of every 12 on a visitor visa.

On the description you have provided, she will not qualify as you will need to prove 2 year cohabitation (the most recent 2 years).

ziff
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Re: Tier 2 applicant - Will my partner need a visa?

Post by ziff » Wed Jul 23, 2014 12:09 am

Thanks physicskate. I would still like to know if this 2 years cohabitation is a no-exceptions rule. I haven't seen any clear documentation to suggest this. Similar question to anyone about the 6-months rule for visitors.

physicskate
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Re: Tier 2 applicant - Will my partner need a visa?

Post by physicskate » Wed Jul 23, 2014 7:00 am

ziff wrote:Thanks physicskate. I would still like to know if this 2 years cohabitation is a no-exceptions rule. I haven't seen any clear documentation to suggest this. Similar question to anyone about the 6-months rule for visitors.
24 months for unmarried partners is a pretty clear-cut rule. After several years on this board, I haven't seen any exceptions.

6 months out of 12 is guidance. Could she get in for more? Yes. Could she be admitted for less? Yes.

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Frontier Mole
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Re: Tier 2 applicant - Will my partner need a visa?

Post by Frontier Mole » Wed Jul 23, 2014 9:12 am

Based on your post the best option would be the visitor visa route. The only issue will be her return on the second trip in that she maybe has an issue if the immigration officer thinks she is not just a visitor.

What type of visa will you hace - ICT or general?

ziff
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Re: Tier 2 applicant - Will my partner need a visa?

Post by ziff » Wed Jul 23, 2014 9:05 pm

I have sponsorship for a general Tier 2 visa (for a postdoctoral research position at a university).

I just called the UK official visa-advice hotline, and the person who assisted said 2 years cohabitation is not a hard rule, and was confident that with a 9-year relationship we will be accepted (even though I emphasized we don't share a bank account). So, I don't really know what to think. It would be great to have references to previous posts with others' experience, or, hard documentation from the UK office.

ziff
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Re: Tier 2 applicant - Will my partner need a visa?

Post by ziff » Wed Jul 23, 2014 9:39 pm

We would also consider getting married/civil unioned for the purposes of this application, however I am concerned that the date of our civil union (day before we send in visa apps) will be suspicious. Anyone with experience on this or who can point to relevant information?

physicskate
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Re: Tier 2 applicant - Will my partner need a visa?

Post by physicskate » Wed Jul 23, 2014 10:39 pm

ziff wrote:I have sponsorship for a general Tier 2 visa (for a postdoctoral research position at a university).

I just called the UK official visa-advice hotline, and the person who assisted said 2 years cohabitation is not a hard rule, and was confident that with a 9-year relationship we will be accepted (even though I emphasized we don't share a bank account). So, I don't really know what to think. It would be great to have references to previous posts with others' experience, or, hard documentation from the UK office.
Sometimes (often enough) the people on the phone from 'the hotline' have an inaccurate view of the rules.

From the guidance on entry clearance for PBS dependents: (google: ukvi tier 2 unmarried partner entry clearance)
"the applicant and PBS migrant must have been living in a relationship similar to marriage or civil partnership for a period of at least two years."

The UKVI tend to take the view that living in a relationship similar to marriage means living together and being able to prove living together.

ziff
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Re: Tier 2 applicant - Will my partner need a visa?

Post by ziff » Thu Jul 24, 2014 3:42 pm

I am grateful for all tips and I have read everything I could find, and while it did seem like past two years' cohabitation is expected, it was not totally convincing to me that I would be rejected otherwise. So far from this discussion I still do not have any reports from people who have actually attempted what I am considering.

ziff
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Re: Tier 2 applicant - Will my partner need a visa?

Post by ziff » Mon Aug 25, 2014 10:00 pm

Update: We applied for and received the Tier-2 UK dependent partner visa for my partner, good for a 1-year stay. Her application arrived with mine (I got the Tier 2 general). They issued it with no phone interview or any requests for more information.

For others' consideration, here is what we included in her (Priority Service) application as documentation of our relationship:

-bills and paystubs showing we'd cohabited for the past 1 year;

-written testimony from my former advisor and from a close friend of mine, both asserting that we were in a serious, stable long-term relationship and had cohabited for several years in the past (though not for the full two years immediately prior to the application, as it seemed might be required). They included their phone numbers but were not called;

-an old photo of us with date, and some printouts of old affectionate emails between us;

-one old piece of mail addressed to both of us.

We did NOT include any bills or bank statements addressed jointly to us---because we didn't have any, and we have separate bank accounts.

We did include my partner's bank statements---even though my funds might have covered her, this evidence of solvency might've helped. She had roughly $6k in the account.

I have no idea what parts of the above helped, and which were unnecessary, but i'm very happy it worked!

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