Applying for FLR(M) as engaged couple

[islamorado]

Hello,

I'm currently living in the UK on a Tier 4 visa which expires in Oct 2019. I've been offered a role on a Master's apprenticeship scheme, but have been informed by the university that runs it that I can't be given a solid offer while I have a Tier 4 visa. I was planning on applying to switch to an Unmarried Partner Visa on August 29, 2019. The reason for waiting until this date is that my partner and I have been living together since August 10, 2017, but the first proof we have of our cohabiting is a bank statement dated August 29th. The apprenticeship scheme is scheduled to start on August 19 and ideally I need the Unmarried Partner Visa as soon as possible, so my question is this: Is it worth applying for the Unmarried Partner Visa at the beginning of August 2019, despite only having proof of our cohabiting for 23 months by that point? We meet all other criteria and can prove that we have adequate maintenance and intend to continue living together indefinitely.

As a side note, we are not married yet, but we do have a wedding date set for August 2020. Would the fact that we are engaged and intend to marry next year be grounds for refusal?

Thank you in advance for all your help. Visas are expensive and I would hate to go through the application process just to be told I should have waited a few weeks!

[CR001]

We meet all other criteria and can prove that we have adequate maintenance and intend to continue living together indefinitely.

Does your partner work and meet the minimum salary of £18,600 pa??

As a side note, we are not married yet, but we do have a wedding date set for August 2020. Would the fact that we are engaged and intend to marry next year be grounds for refusal?

No.

24 months evidence of living together in a relationship akin to marriage is mandatory.

Do you have nothing from the date you moved in together, ANY type of letter??

What other evidence are you submitting??

[islamorado]

Does your partner work and meet the minimum salary of £18,600 pa??

Yes, my partner works full time and earns over £20,000 pa.

Do you have nothing from the date you moved in together, ANY type of letter??

Unfortunately we can't find anything from earlier than 29 August. We've scoured all our resources: bank statements, bills, emails, letters, even text messages – that's the absolute earliest we could find. At the time we didn't realise I would be applying for the switch within such a short time frame (naively).

What other evidence are you submitting??

From Aug 2017 to Sept 2018 we lived together in one property, but we don't have any bills or anything with both of our names on them from this place. We do have individual items, such as bank statements, Dr's records, and bills which list either mine or my partner's name but both with the same address, so we will be submitting several examples of these type of records. Once we moved to a new property in Sept 2018 we began listing accounts in both of our names and have utility bills and bank statements to show this. Council tax bills are out of the question unfortunately as I have been a student and as such have not been required to pay council tax. We also have plenty of pictures, phone messages, etc. to prove that we have been in a genuine relationship for the last two years, including evidence that we have each met and spent time with the other's family, etc. Additionally, I've struggled to obtain any type of credit due to being unable to sign up for the voting register, so things like my car and mobile phone are listed under my partner's name and I make monthly payments to her for these bills. I'm not sure if that helps or hurts, to be honest.

So am I right in interpreting that what you're saying is the 24 months is a strict minimum requirement and if I need the visa before the 29th August I should seek an alternative route?

[CR001]

You don't need photos and text messages. This would only be relevant if applying outside the UK.

Suggest submit everything you can find and apply with a concise timeline of events etc in a cover letter.

Note the documents can be in joint names OR addressed individually.

Note also that even applying using super priority service, there is no guarantee that you will get a quick decision and your BRP card is sent 7-10 working days after your approval.

[islamorado]

Hello,

My partner and I have been living together in the UK for 2 years. I'm currently living here on a Tier 4 Visa that expires in October 2019. I am planning on applying for an Unmarried Partner Visa this month (August 2019), as I intend to remain living in the UK with my partner. We have done a lot of research and feel we have a very strong application. In our research, however, we came across this Appendix FM Guidance, 'Section E-LTRP: Eligibility for Leave to Remain as a Partner' :

"E-LTRP.1.12. The applicant’s partner cannot be the applicant’s fiancé(e) or proposed civil partner, unless the applicant was granted entry clearance as that person’s fiancé(e) or proposed civil partner."

My partner and I are engaged and have a wedding date set for 3rd August 2020. I was granted entry clearance on the basis of my Tier 4 visa, not as my partner's fiancé. Our concern is that this criteria means that due to our engagement, I would not be eligible for an Unmarried Partner Visa.

Please could anyone shed any light on this?

I have checked many forums to try and find anyone who has been in a similar situation, but haven't found any information on this matter.

Thank you in advance to anyone who helps us to understand this and to find the most appropriate solution to this situation.

[Jaune08]

Hello,

My partner and I have been living together in the UK for 2 years. I'm currently living here on a Tier 4 Visa that expires in October 2019. I am planning on applying for an Unmarried Partner Visa this month (August 2019), as I intend to remain living in the UK with my partner. We have done a lot of research and feel we have a very strong application. In our research, however, we came across this Appendix FM Guidance, 'Section E-LTRP: Eligibility for Leave to Remain as a Partner' :

"E-LTRP.1.12. The applicant’s partner cannot be the applicant’s fiancé(e) or proposed civil partner, unless the applicant was granted entry clearance as that person’s fiancé(e) or proposed civil partner."

My partner and I are engaged and have a wedding date set for 3rd August 2020. I was granted entry clearance on the basis of my Tier 4 visa, not as my partner's fiancé. Our concern is that this criteria means that due to our engagement, I would not be eligible for an Unmarried Partner Visa.

Please could anyone shed any light on this?

I have checked many forums to try and find anyone who has been in a similar situation, but haven't found any information on this matter.

Thank you in advance to anyone who helps us to understand this and to find the most appropriate solution to this situation.

Indeed, I don't think you are eligible to apply for a Unmarried partner visa if you are already engaged and set a date.

Why don't you apply for a Fiancée visa instead? You will have to celebrate a civil marriage within 6 months once the visa is granted, but you can keep the 3.08.20 date for the big celebration.

Although, I think you may have to go back to your home country and apply for the fiancée visa from there.

[Casa]

Your intention to marry in the future is irrelevant to your application as an Unmarried Partner. You're overthinking this.

The paragraph you've quoted from the Immigration Rules refers to a couple being unable to apply under FLR(M) when at the time of submitting the application, they are only engaged to marry or intend to form a Civil partnership in the future.

[islamorado]

You're right I definitely could be overthinking this; had my head stuck in guidance notes for a couple days now.

Do you know what is meant by E-LTRP.1.12. then?

Any clarification would help put my mind at ease!

Thanks in advance and for your prompt response.

[Casa]

You're right I definitely could be overthinking this; had my head stuck in guidance notes for a couple days now.

Do you know what is meant by E-LTRP.1.12. then?

Any clarification would help put my mind at ease!

Thanks in advance and for your prompt response.

See the edit to my previous post, where I hope I've explained it more clearly.

[islamorado]

Thank you so much for your help. This has put my mind at ease.

[Casa]

Thank you so much for your help. This has put my mind at ease.

You're welcome. As with most of the Home Office 'guidance' it seems to be designed to confuse, which is why it took some time to re-word it in a way the rule could be clearly understood