Unmarried Partners Visa - 4 years together question?

[lancebotha]

Hi all,

My girlfriend and I have been living together for 4 years in the UK. We met in the UK and have remained together in the UK with the odd holiday abroad. I am currently on a working visa and we are now looking to apply for an Unmarried Partners Visa. (My partner is British)

I've read contradicting statements regarding whether you have to be together for 4 years or longer. For example 'If you have been together for four years or more outside the UK you will be granted indefinite leave to remain (permanent residence) in the UK without having to live in the UK for two years.' I have also read that this can be the same if you have been together in the UK for 4 years or longer, however I might have found this information because this is what i wanted to hear.

My question is : Can we apply for an Unmarried Partners Visa and look to be granted indefinite leave to remain (permanent residence) in the UK as we have been together for 4 years in the UK? And if not, why do couples that meet outside the UK get the added benifit of this visa option?

Looking forward to your responce.

Lance

[Docterror]

I have also read that this can be the same if you have been together in the UK for 4 years or longer, however I might have found this information because this is what i wanted to hear.

From where did you find that information?

'If you have been together for four years or more outside the UK you will be granted indefinite leave to remain (permanent residence) in the UK without having to live in the UK for two years.'

In such cases, ILE (Indefinite Leave to Enter) and not ILR (Indefinite Leave to Remain) is granted. If the person who gets the ILE does not use the ILE to enter the UK before the visa expires or enters before it's expiry and then leaves the UK for the periods restricted for holders of ILR, it can get cancelled. Holders of ILE still has to fulfil the 5 years (or 3 years if married to BC) to be eligible for naturalisation and also submit the pass in the Life in UK test to obtain one.

Can we apply for an Unmarried Partners Visa and look to be granted indefinite leave to remain (permanent residence) in the UK as we have been together for 4 years in the UK?

No. Will have to apply for the Unmarried partners visa and then apply for the ILR 2 years later.

And if not, why do couples that meet outside the UK get the added benifit of this visa option?

You may want to take that up with the HO. Immigration rules are not always fair. For example, if you were to get married to your British partner today, you will be able to naturalise as British citizen the very next day using the 'ppron method' provided that your stay here for the past 4 years had been legal! So, I suggest you don't fret over such inconsistencies.

[lancebotha]

Thanks for your reply.

I might have read into it a bit, but if you look on http://www.workpermit.com/uk/unmarried.htm at bullet point three, you'll see that it says :

"If you have been together for less than four years you are granted a visa for a probationary period of two years. If you are still living together at the end of two years in the UK permanent residence (properly known as indefinite leave to remain) will usually be granted."

I thought this to mean less than four years then you need a 2 year probationary visa and if over 4 years then permanent residence.

haha.. do you see how i might have read what i wanted to hear

[Docterror]

Wishful thinking. But had I read that as well, I would have undertsood it the same way. But in the next point they make it clear that the four years IL is given only when outside the country.

So far I have not seen of a case in which such an application was made after 4 years stay in the country and to me it makes more sense that such options be given to only people outside the UK as 4 years of co-habitation inside the UK is not too hard to acquire and then there will a long queue of such applicants to sort out.

Maybe you could be the first one to be successful in such an attempt. But before I drive you over the cliff I will let some other seniour member stop me and save you.

[VictoriaS]

That is badly worded. But unfortunately you have no choice, you will have to apply for the two year visa.

I have made applications trying to get ILE when the 4 years was split between the UK and another country, and the ECO only granted two years. They are a stickler for insisting that the whole 4 years is spent outside the UK.

Victoria