Applying ILR after living with an unmarried partner for 4 yr

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Hi,

I am thinking of applying the Infinite Leave to Remain (ILR) and I would be very grateful if you can give some advice.

I am a Chinese girl from Hong Kong. I came to UK on a student visa in October 2001. I finished a BSc degree and PhD degree. In August 2007, I got employed and switched to a work permit visa. I should be able to apply for ILR in October 2011 using the "10 years lawful stay" cateogry.

But I have been living with my British boyfriend since October 2004. I read on your website that unmarried partner can apply for ILR after 4 years. I wonder how difficult for me to get it on a unmarried basis in October 2008?

We are both investment bankers in the city. During our relationship, we have been living together and travelled quite often. He has been to Hong Kong to meet my family twice and I see his family around five times a year. We have plenty of emails, photos, cards to prove our relationship. We have bank statements to prove we were living together in the first year, and council tax bills for the last 3 years.

What is the chance for me to get the ILR directly? I am worried if they would be diffficult about us not getting married.

Thanks a lot!

Sally

[sakura]

From your information, you don't qualify for ILR immediately:

http://www.ukba.homeoffice.gov.uk/polic ... les/part8/

There are two normal ways to obtain ILR as an unmarried partner;

1. lived together in the UK for at least two years; after which you obtain an unmarried partner's visa, valid for two years; after which (four years in total) you can apply for ILR.

2. lived together outside the UK for at least four years and now want to return to the UK. Can apply for ILE (indefinite leave to enter; subject to passing the life in the UK test). ILE is more or less the same as ILR.

So, you have lived together for four years in the UK, but did not apply for the unmarried partner's visa. In which case, you would have to apply for the visa, and, after two years (so, assuming you apply for it now, two years will be mid-2010) you qualify for ILR as the unmarried partner of a British citizen.

Your salaries are unimportant, but your travelling together can be used as proof of relationship.

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Thanks a lot for your quick reply! It looks like it would be easier to just wait unti 2011 to apply using the 10 year legal stay category...