Switching onto unmarried partners visa

[vdo86]

Hi all,

I'm thinking of switching onto the unmarried partners visa with a settled person. Few questions if anyone knows...

1) How long does this process usually take? I know it can vary and can "take a long time." Just trying to get an idea of weeks/months, etc.
2) My partner is an ROI citizen who has worked in the UK for 4 years. According to a lawyer I spoke to, I'm able to take the settled partners path for the unmarried partners visa. I've lived in the UK under the Tier 2 (general) visa for 2.5 years. If I switched onto the unmarried partners visa with a settled person, would the residency years I've already accumulated still count for ILR?

Happy to answer any questions about my situation if it's useful.

Thanks much in advance,
Vanessa

[Wanderer]

Hi all,

I'm thinking of switching onto the unmarried partners visa with a settled person. Few questions if anyone knows...

1) How long does this process usually take? I know it can vary and can "take a long time." Just trying to get an idea of weeks/months, etc.
2) My partner is an ROI citizen who has worked in the UK for 4 years. According to a lawyer I spoke to, I'm able to take the settled partners path for the unmarried partners visa. I've lived in the UK under the Tier 2 (general) visa for 2.5 years. If I switched onto the unmarried partners visa with a settled person, would the residency years I've already accumulated still count for ILR?

Happy to answer any questions about my situation if it's useful.

Thanks much in advance,
Vanessa

No it won't but I think it will count towards 10 year residency.

[CR001]

Have you lived WITH your partner for 2 years in a 'relationship akin to marriage' and have evidence/proof of cohabitation.

If you switch, you will be on a new 5 year route to ILR (2 x 2.5 year visas). Your time already spent in the UK cannot be used to wards this new 5 year period. You will also have to pay the immigration health surcharge of £500 unless if you are from Australia or New Zealand, however both these counry citizens will be required to pay the surcharge from April 2016.

The fees for this application rise substantially (by 25%) on 18th March.

[Casa]

Is your partner working in the UK as an Irish national? If so, you would be applying under EEA Regulations as a 'durable partner'.

[vdo86]

We've been together for 4 years and have livede together for a little over two. We have bills and the contract in our names. Ok thanks everyone for letting me know about the residency period. The lawyer I have spoken to has given me really awkward and sometimes wrong information so I appreciate the clarity. I have a few more questions based if anyone has insight:

As for the price increase, how much exactly will it be after match 18? I'm aware of the health surcharge so I'm factoring that in into my finances.

To confirm, does the unmarried partners visa come with restrictions on employment?

It looks any ideas on timeframe?

Thanks again so much everyone

[vdo86]

Is your partner working in the UK as an Irish national? If so, you would be applying under EEA Regulations as a 'durable partner'.

Ah ok. What is the main if difference/s on this? I do believe he has just worked as an Irish national. I suppose he would have top prove he's settled if we wanted to fill the other path?

[Casa]

Not necessarily settled, but 'exercising his Treaty rights' in the UK by working or studying. He doesn't qualify to sponsor you under UK Regulations...so you don't have a choice. The EEA route doesn't require minimum earnings and there are no visa fees....you would be applying for a family permit initially. It is the same 5 year route to permanent settlement.
Have a read through the link and come back with any questions. Your solicitor appears to have given you poor advice.

https://www.gov.uk/family-permit/overview
https://www.gov.uk/government/uploads/s ... _clean.pdf

[Casa]

Not necessarily settled, but 'exercising his Treaty rights' in the UK by working or studying. He doesn't qualify to sponsor you under UK Regulations...so you don't have a choice. The EEA route doesn't require minimum earnings and there are no visa fees....you would be applying for a family permit initially. It is the same 5 year route to permanent settlement.
Have a read through the link and come back with any questions. Your solicitor appears to have given you poor advice.

https://www.gov.uk/family-permit/overview
https://www.gov.uk/government/uploads/s ... _clean.pdf

As you are already in the UK you will need to apply for a RC as an extended family member.
https://www.gov.uk/government/uploads/s ... _07_15.pdf

Your immigration clock will be reset to zero with a further 5 years required for Permanent Residency (PR).

[vdo86]

Not necessarily settled, but 'exercising his Treaty rights' in the UK by working or studying. He doesn't qualify to sponsor you under UK Regulations...so you don't have a choice. The EEA route doesn't require minimum earnings and there are no visa fees....you would be applying for a family permit initially. It is the same 5 year route to permanent settlement.
Have a read through the link and come back with any questions. Your solicitor appears to have given you poor advice.

https://www.gov.uk/family-permit/overview
https://www.gov.uk/government/uploads/s ... _clean.pdf

As you are already in the UK you will need to apply for a RC as an extended family member.
https://www.gov.uk/government/uploads/s ... _07_15.pdf

Your immigration clock will be reset to zero with a further 5 years required for Permanent Residency (PR).

You're very kind for helping me understand this. Madness about my solicitor. I turned to double check because he had given me some advice that I wasn't fully confident in before. I'll be reviewing the links you've posted, so thank you very much for these.

Do you know what the situation is regarding employment under this particular visa?

[Casa]

It's not a visa as such...it's a residence permit.
This is the guidance while you are waiting for your Certificate of Application (COA).
Any right to work in the meanwhile will depend on your having some alternative basis of stay in the UK which does not prohibit access to employment or self - employment.

This suggests that you can continue to work under the terms of your current visa while you are waiting for your RC application to be processed.

I'm moving this to the EEA forum which is more applicable to your situation.

[vdo86]

It's not a visa as such...it's a residence permit.
This is the guidance while you are waiting for your Certificate of Application (COA).
Any right to work in the meanwhile will depend on your having some alternative basis of stay in the UK which does not prohibit access to employment or self - employment.

This suggests that you can continue to work under the terms of your current visa while you are waiting for your RC application to be processed.

I'm moving this to the EEA forum which is more applicable to your situation.

Great, thank you. Apologies if I posted this in an awkward area.

[Casa]

No problem. You weren't to know your application comes under EEA Regulations. It's concerning that your solicitor made a serious error on a very basic immigration rule.