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Unmarried Partner Visa

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, Administrator

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wmwliu
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Joined: Sun Sep 08, 2019 12:32 pm
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Hong Kong

Unmarried Partner Visa

Post by wmwliu » Sun Sep 08, 2019 12:55 pm

Hello all,

I am just wondering if anyone has successfully switched their Tier 5 Youth Mobility Visa (2 years) to the Unmarried Partner Visa?

I have been living with my British partner in the UK from 12th December in 2017 (as I stayed in Hong Kong for 27 days after I got the Tier 5 visa before I flew to the UK), but my Tier 5 visa is expiring on 15th November 2019, so I am worried that even if I apply in early November and use the express service, there will still be about a month short of the 2 years' cohabitation requirement.

I and my partner had actually lived together for 1 year in Hong Kong from 2013-2014 (but we have only got bank statements to prove that as we lived in my parents' house), and then 1 year in the UK when I was doing my masters in the UK from 2014-2015 (but as I opened a bank account really late that year, I have only got about 3-months' bank statements to prove that). So, another question is - does the 2 years' cohabitation need to be continuous? Or can we add the previous duration we had lived together from 2013-2015 to it?

Thanks loads!!!

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Casa
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Joined: Wed Jul 23, 2008 3:32 pm
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Re: Unmarried Partner Visa

Post by Casa » Sun Sep 08, 2019 1:43 pm

Generally a maximum of a 6 month gap within the 2 year co-habitation period is permitted with good reasons.
From the Immigration Rules:
12. SET5.12 Assessing whether the relationship has subsisted for two years
‘Living together’, should be applied fairly tightly, with a couple providing evidence that they have been living together in a relationship akin to marriage or civil partnership which has subsisted for two years or more.

Periods apart for up to six months would be acceptable for good reasons, such as work commitments, or looking after a relative as long as:
it was not possible for the other partner to accompany; and
the applicant can show evidence that the relationship continued throughout that period, for example, by visits, letters, logged phone calls.


Regarding documented evidence of a relationship 'akin to marriage':
13. SET5.13 What types of evidence might demonstrate living together and a relationship akin to marriage / civil partnership?
The applicant must provide six pieces of correspondence addressed to him / her and their partner at the same address as evidence that they have been living together during the past 2 years. The items of correspondence should be addressed to them jointly or in both their names. If they do not have enough items in their joint names, they may also provide items addressed to each of other individually if they show the same address for both of them. The documents provided must be originals and should be spread over the whole 2 years; they should also be from at least 3 different sources. Examples of what documentation the applicant could provide are listed below:

Joint commitments, (such as joint bank accounts, investments, rent agreements, mortgage, life insurance policy naming the other partner as beneficiary etc);
Birth certificates or records of any children of the relationship, showing both partners as parents;
Any official correspondence linking both partners to the same address, for example Council Tax, utility bills, Doctors records;
Any other evidence that adequately demonstrates the couple’s long-term commitment to each other.


https://www.gov.uk/government/publicati ... ners-set05
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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