WHMV to Unmarried partner visa advice

[clars]

Hello all,

First of all, I'd like to say what a great resource of information this site is. I only hope I can get some things sorted out too.

Here is my situation: I met my Australian boyfriend on the internet (always think it sounds so dodgy saying that, but I promise he's not an internet groom, heh!) in November 2006. We started a relationship online in May 2007, and he came to visit me for 6 weeks in December 2007, so I have just said goodbye to him : ( I will be going to visit him in September. Now we are in a position of having to assess our options for what can happen longer term.

By the way, I am a British Citizen, aged 25, and in full-time work. My boyfriend does not work in any of the areas that can be considered "highly skilled", so that is not an option to us.

We thought he could apply to enter the UK and live with me on the Working Holiday Maker's visa for two years, working within the restrictions of course for one/two years part time.

From my research, it seems you can apply for an Unmarried Partner visa after proving two years of living together. My concerns revolve around when is the latest possible date you can apply for an Unmarried Partner visa? I understand they are very strict on the two year rule, and if we applied before his visa ran out we would obviously be a few days, a week, a month - or whatever - short.

Can you apply for further leave to remain from within the UK the week before the WHV expires? I heard this automatically gets the applicant an extension on their WHV for the time it takes for them to make the decision. If you apply by post, this could take 7-14 weeks, by which time we should have the two years+ we need to be able to get the Unmaried Partner's visa. Is this possible?

It sounds like a big gamble, scraping by living together with one person working full time, the other part time purely so we can be given the possibility of getting this UP visa, but I am prepared to make the sacrifices.

Any ideas?

Many thanks for any information anyone can provide.

[PaperPusher]

working within the restrictions of course for one/two years part time.

It sounds like a big gamble, scraping by living together with one person working full time, the other part time

It does not matter whether the work is one hour a week. It is one year. There is no allowance for two years part time work.

See the following case:

AK (WHM – maximum 12 months work) Bangladesh [2007] UKAIT 00064

If your boyfriend got caught he could be removed from the UK.

Have you had a look into work permits or student visas?

To stand a chance of getting into the UK on a work permit you can use previous work experience as well. There is also a route through UK ancestry.

Students can work 20 hours a week during term time & full time the rest of the time. There would be fees of course.

Don't forget a fiance visa!

http://www.bia.homeoffice.gov.uk/

Regards

[clars]

Thankyou for your swift reply.

According to the Immigration Advisory Service (http://www.iasuk.org/C2B/document_tree/ ... 7&CatID=26):

The rules allow you to work for the equivalent of 12 months out of 24. This allows you, for example, to work part time for two years or to work full time for a year. Or it allows you any combination of full and part time, as long as it is no more than the equivalent of 12 months full time work

.

Also from the BIA itself (http://www.bia.homeoffice.gov.uk/workin ... daymakers/):

You may work for a total of up to 12 months during your stay. You may choose when to work and when to take your holiday breaks, but if you work for a total of more than 12 months you will be breaking the conditions of your working holidaymaker visa.

Which seems to be conflicting?

He cannot come as a student as he does not have enough money for the international fees - also his work does not fall under any of the highly skilled categories so he cannot apply for a work permit. There are no work sponsors for him.

He does not have any British grandparents or parents, and from what I understand you have to marry the applicant if they arrive on a fiancee's visa within 9 months. Although I may wish to marry him in the future, I would like to avoid this option if at all possible. It would be my last resort. I would much prefer the unmarried partner visa.

[paulp]

clars, the IAS is an independent charity that can sometime get things wrong. Please get in touch with them and ask them to review their advice in light of paperpusher's link to the AIT case.