Applying for an unmarried partner Visa (UK)

[Em147]

Hello,
I'm a British Citizen and have been living in the US with my American partner for 4 years. I've just been offered a job back in the UK and am just wondering how difficult/how long/how expensive it will be to get my partner over to the UK and able to work. I will be earning around 33K.
We have evidence that we've been living together for 4 years (a tenancy agreement) and we have E-mail correspondence going back around ten years. What are the chances that we will get denied an unmarried partner visa? What is the best way to apply, there doesn't seem to be a straightforward application process!
Thank you very much for your time,
Emma

[Casa]

In order for an Unmarried Partner Visa application to succeed you will need to show documented evidence that you have been living in a relationship 'akin to marriage' for at least 2 years. You may need more proof than a joint tenancy agreement. Do you have joint finances for example?
To meet the financial conditions you will have to show that you have been earning the equivalent of £18,600 for the 6 months previous to submitting the application and that you have a confirmed job offer to start within 3 months of arrival in the UK, again meeting the £18,600 minimum. You will have to also submit evidence of adequate accommodation available on your arrival. The application is VAF4a. Your partner will also have to pay the new NHS surcharge of £600 before submitting the application in addition to the visa fee of £956.00
If successful, your partner will be granted an initial 2.5 year probationary visa. The route to permanent settlement (ILR) is currently 5 years. He will be able to work as soon as the UPV visa is granted

[Em147]

Thank you Casa!
We don't have joint finances or any other joint accounts (utilities, phone etc). All we have is a tenancy agreement and lots of letters addressed to each of us individually for that address. We have lots of photos taken over the last 4 years and some from when we first met 12 years ago. Would you advise that we apply for the visa through an agency or directly? Also we are still living in the USA so would it be best to apply from here or have my partner enter on a tourist visa and then apply in the UK?
Thank you very much for all your help!

[Casa]

If you feel comfortable with putting the application together yourselves with the support of advice from the forum, you won't need to pay a legal representative. In any event, I wouldn't recommend consulting a legal advisor who isn't registered and based in the UK, specialising only in Immigration law. Ensure you submit all the required financial evidence and all the proof you have of the durable relationship. The relationship evidence must cover at least the last 2 years, but of course include all you have for the time you've been together which will strengthen the application. As I mentioned previously, will you be able to show that you have been earning the equivalent of £18,600 in the USA in the 6 months prior to submitting the application?
Your partner will be unable to switch from visitor to Unmarried Partner visa from within the UK as this isn't permitted.

[Em147]

Thanks again Casa!
Just a couple more questions:) We have no joint finances at all, all our bills are sent to one of us and then we split the costs but have no record of this. We want to go to the UK in October and really don't want to run the risk of having to appeal as we don't have enough proof of our living together "akin to marriage". We were planning to get married next year anyway, if we get married now will it be more straight forward to get a visa? Or will it look as though we were just marrying to get the visa if we marry and then apply straight away?
The other question is filling out the paper work, I don't start my job until October and until then I will stay at a hotel, the paper work needs an address where we will live in England, which I won't have when my partner submits the visa form, is there any way around this?
I fulfill all the financial requirements for the last 6 months (in the US) and with my job lined up in the UK.

[Casa]

A spouse visa requires evidence of a genuine relationship without the need to co-habitation before marriage. It would be quite normal to apply immediately after the wedding. It is however, mandatory to give details of adequate accommodation that will be available on arrival. Do you have any friends or family in the UK?

[Em147]

I do have friends and family in the UK, however living with them would not be possible. My sister has a 3 bedroom house but has four children and my dad has a two bedroom house but wouldn't it look strange if we were moving to live with him? None of my friends have suitable accommodation. I was planning to move over mid-Sept and rent a flat in time to start my new job on the 1st of October. My partner was then going to join me in November when our lease was up here in the US, I figured that this would be a fairly common situation (where a couple moved back together with a view to finding a place when they got there). My dads house is a council house, I noticed that was one of the questions on the form, will this affect the application. Thank you again for such an informative discussion, its really difficult to find this information!

[Casa]

There would be no problem in giving your father's address as accommodation if he has a spare room. You would however, have to to submit a copy of your father's tenancy agreement and a letter from the Council (as landlords) agreeing to you living in the property. Your father's rent book may say whether this is allowed or specifically prohibited. When we applied for my husband's spouse visa (we were living in Spain) we mentioned in our application that we intended to stay with family until we had found our own accommodation.
Staying in Council accommodation rented by your father doesn't incur the use of Public Funds and therefore won't affect your application.