FLR(M) unmarried partner - less than 2 years living together

[beatnik_boy]

Hi,

My partner is planning to apply for an extension of stay as an unmarried/same sex partner on form FLR(M). We have been in a relationship for over 3 years, but have only lived together for 13 months. We have plenty of evidence of how we maintained contact during the time that we didn't live together (eg: regular postcards and emails to each other), and so we were reasonably confident of our case until reading on this forum how strict the IND apparently are with unmarried partner visa applications ....

My question is, does anyone have any experience of (or advice about) applying for this type of visa with less than the recommended 2 years cohabition? I couldn't find any posts here from anyone who had actually attempted to apply for this visa without the 2 years, only lots of warnings that it's very difficult!!

Some background on our situation:

Me: British Citizen
Partner:
- Student visa from Sept 2001 to Oct 2003
- Work permit Aug 2003 to Aug 2008
- Non-EU passport holder

Our original plan was for my partner to apply for ILR after 5 years, so that he would have the freedom to work/study/slack off/etc as he saw fit, but we think that his employer is going to terminate his contract soon, which would end his work permit, and so this was the only other option that we could think of other than get a civil partnership, which neither of us wants to do just to get a visa.

We have an appointment for an in-person application on Wednesday, so any help or advice would be very much appreciated!

Thanks in advance.

[Wanderer]

I'm afraid the two year UPV thing is quite strict, there are exceptions such as work away from home etc.

However if ur same sex partners why not go for Civil Partnership - I think the criteria there is six months altho I've had several Stella's tonight so I'd wait forthe yogi's.

U have to do the official CP thing tho, ceremony and all that crap.

[sakura]

Hi,

My partner is planning to apply for an extension of stay as an unmarried/same sex partner on form FLR(M). We have been in a relationship for over 3 years, but have only lived together for 13 months. We have plenty of evidence of how we maintained contact during the time that we didn't live together (eg: regular postcards and emails to each other), and so we were reasonably confident of our case until reading on this forum how strict the IND apparently are with unmarried partner visa applications ....

My question is, does anyone have any experience of (or advice about) applying for this type of visa with less than the recommended 2 years cohabition? I couldn't find any posts here from anyone who had actually attempted to apply for this visa without the 2 years, only lots of warnings that it's very difficult!!

Some background on our situation:

Me: British Citizen
Partner:
- Student visa from Sept 2001 to Oct 2003
- Work permit Aug 2003 to Aug 2008
- Non-EU passport holder

Our original plan was for my partner to apply for ILR after 5 years, so that he would have the freedom to work/study/slack off/etc as he saw fit, but we think that his employer is going to terminate his contract soon, which would end his work permit, and so this was the only other option that we could think of other than get a civil partnership, which neither of us wants to do just to get a visa.

We have an appointment for an in-person application on Wednesday, so any help or advice would be very much appreciated!

Thanks in advance.

Has his employers given him any reason to say this will happen? It is really important not to change his visa status just yet if he is going to qualify for ILR in 12 months.

Anyway, you won't qualify for an unmarried partners visa, the rules are watertight (two years isn't "recommended", it's a must have), and anything less than 24 full months is a refusal. You would be totally out of luck if you're trying to apply with only 13 months! If you had something like 23 months, then we might suggest you try your luck... but 13 months? I would say "you like chucking money at the government for nothing?"!!! You have already booked an appointment - I suggest you call someone from the BIA, and ask them what they think - they will tell you the exact same thing as I am - it would really be a waste of your time and money to even attempt this, sorry.

If his contract will get terminated, then you can go for (in no particular order);
1. HSMP (best option, IMO)
2. student visa again (would not allow him to qualify for ILR next yr)
3. civil partnership (am I right in thinking you are a same-sex couple?)
4. try to get another WP from a new employer
5. return home (disqualilfied from ILR next yr if he doesn't come back soon)

[beatnik_boy]

Hi,

Thanks for the responses. On page 11 of the FLR(M) form it mentions that "an explanation must also be provided for periods when you did not live together, as well as evidence in support of the explanation and evidence to show how you maintained contact with each other during this time" .... I guess that got our hopes up a bit.

I'll certainly give them a call tomorrow, we're definitely not planning to throw away £595 if we can help it!

Cheers

[sakura]

Hi,

Thanks for the responses. On page 11 of the FLR(M) form it mentions that "an explanation must also be provided for periods when you did not live together, as well as evidence in support of the explanation and evidence to show how you maintained contact with each other during this time" .... I guess that got our hopes up a bit.

I'll certainly give them a call tomorrow, we're definitely not planning to throw away £595 if we can help it!

Cheers

But believe me, it doesn't help your case - it states 24 months full stop. 13 months....well, consider it this way: can someone apply for a spouse visa without actually being married? Showing proof of a marriage certificate is required; without one, there is no way of getting that visa! Therefore no 24 months, no visa, IMO.

But, I'll wait for other people to reply.

[beatnik_boy]

Well, I called them and they basically said "Don't bother," 2 years is the minimum requirement, so I cancelled our appointment. If they won't accept anything less than 24 months, then why make it sound like they do on the application form? Grrr.

Thanks for the help.

[Wanderer]

Well, I called them and they basically said "Don't bother," 2 years is the minimum requirement, so I cancelled our appointment. If they won't accept anything less than 24 months, then why make it sound like they do on the application form? Grrr.

Thanks for the help.

It's for circumstances where couples are temporarily forced to live apart, like in my case my partner had to go to on placement in Berlin for six months slap in the middle of our two years.

[avjones]

"an explanation must also be provided for periods when you did not live together, as well as evidence in support of the explanation and evidence to show how you maintained contact with each other during this time"

that refers to cases where you have been living together for 2 years or more, but there is a gap in the middle - one partner has to go away for some reason, and you need to explain why (ill relative, work, etc).

I can't see any way you'd qualify yet.

[Wanderer]

"an explanation must also be provided for periods when you did not live together, as well as evidence in support of the explanation and evidence to show how you maintained contact with each other during this time"

that refers to cases where you have been living together for 2 years or more, but there is a gap in the middle - one partner has to go away for some reason, and you need to explain why (ill relative, work, etc).

I can't see any way you'd qualify yet.

Perhaps u can advise me on my problem, I've asked before but no answers and I'm not a thread bumper!

Basically, our situation is:

1. Aug 2005 gf enters UK on Student visa valid 2008 we live together from that date.

2. Nov 2006 she goes to Germany on uni placement as core part of her studies, we have letter confirming it's imperative to her studies. Thinking ahead on that one!

3. Sept or Oct 2007 She will return to finish her studies.

We want to apply for UPV, but the year abraod still worries me - it being slap bang in the middle of our three year period.

Of course we are still very much together, flying to and fro, calls every day etc, and we've made sure she's not been out of UK for longer than six months without returning. dunno why - I think I read that somewhere!

If we do apply for UPV, when's best timing wise?

Sorry for hijacking the thread!

[avjones]

When does the UK student visa expire?

[Wanderer]

When does the UK student visa expire?

October 2008

[avjones]

The easy way might be for her to apply for the one-year post-study work visa, then you have a lot less absence to justify. Is that an option?

[Wanderer]

The easy way might be for her to apply for the one-year post-study work visa, then you have a lot less absence to justify. Is that an option?

Yeah we thought of the IGS, then hope for a WP after. We'd both prefer her to gain residency of here own merits, not beholding to me so it might be the better option.

But I think we'd both go for the UPV as early as possible if we could. If we did apply would a denial nullify her student visa?

[Wanderer]

And while I remeber - her home is still here with me, all her post arrives here etc, so I wonder would there be any evidence she's spent so long abroad?

Passport stamps apart...

[jes2jes]

The easy way might be for her to apply for the one-year post-study work visa, then you have a lot less absence to justify. Is that an option?

Yeah we thought of the IGS, then hope for a WP after. We'd both prefer her to gain residency of here own merits, not beholding to me so it might be the better option.

But I think we'd both go for the UPV as early as possible if we could. If we did apply would a denial nullify her student visa?[/quote]

No. This would not nullify the existing visa. The other way is true. i.e she is issued with an UPV then this nullifies the SV

[jes2jes]

And while I remeber - her home is still here with me, all her post arrives here etc, so I wonder would there be any evidence she's spent so long abroad?

Passport stamps apart...

You would be shooting yourself in the foot since you did make mention of a letter from the Uni saying the study abroad is imperative to her studies so that would catch you later isn't it?

AFAIK, her bank statements would also show proof of withdrawals from Germany unless there is a ghost using her bank card

I would just advise you to be truthful with the application concerning her whereabouts and this would help you in the long run.

[avjones]

I agree, it seems way better to tell the truth.

[Wanderer]

I agree, it seems way better to tell the truth.

np, was having a rare moment of dodginess!!

I was kinda thinking don't volunteer the info if not asked, but i dunno if the from asks for absences, i'll look now...

IGS is the wayto go, The HO needs our visa money....

[BKG]

I know you guys have been saying that the 2 years cohabitation might be strict, so I would like your opinion on my case:
Me: Brazilian
Partner: Greek
Both have been living in the UK for 7 years - me student then post-study visa. By the time my visa expires we'll have been living together for 1y 7months, and we will have been togethet for 3y and 2 months ish. We meet all the other requirements with flying colours, but not the 2y co-habitation. Is it worth applying for the unmarried partner visa?
Thanks you very much for any help!

[Casa]

No. The 2 year co-habitation in a relationship 'akin to marriage' with documented evidence to support this is mandatory. Nothing has changed since this thread was running in 2007!
In any event, if your partner is Greek you should be looking at the EEA regulations, not the UK rules.

[BKG]

Thank for your message Casa.
We are under UK rules cause we live and work here (as I said, we have both been here for 7 years). Our relationship is 'akin to marriage' and we have documented evidence to support it, but not for the full 2 years. We can prove that we have been together for more than three years though.

[Casa]

You need the full 2 years. Assuming your partner hasn't applied for (and been granted) residence under UK rules, EEA regulations apply. i.e Under EEA regulations she is 'exercising her Treaty rights' by working in the UK.
Has she ever applied for Permanent Residency?

[BKG]

no, never needed to.

[Casa]

Assuming she's retained her Greek nationality you'll need to apply for a EEA family permit once you're married. You'll need to submit evidence that your wife has been exercising treaty rights.
You'll find more in-depth information on the EEA route to settlement by browsing this section of the forum:
http://www.immigrationboards.com/viewforum.php?f=45
Fellow moderator EUsmileWEallsmile is more clued up on the EEA Regulations and moderates this section.