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Unmarried Partner Visa - Really Struggling for advice

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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jskeels
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Joined: Fri Apr 03, 2020 10:11 am
United Kingdom

Unmarried Partner Visa - Really Struggling for advice

Post by jskeels » Tue Apr 21, 2020 10:31 pm

Hi,

Very difficult to get advice about this, so thought i'd try here on the off chance someone can help.

My partner (she's barbadian) is currently on a tier 2 visa here in the uk (i'm a british national). Unfortunately her mother has just been diagnosed with cancer.

Currently my partner's visa means she can't spend more than 30 days unpaid away from her job. So, we're considering moving onto an unmarried partner visa in the hope it may be a bit more flexible.

Does anyone know the rules for how long someone on an unmarried partner visa can spend outside the uk in a year? E.g. could they leave the country for more than 30 days at a time and return without breaking the conditions of their visa?

Any help on this would be much appreciated.

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Casa
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Re: Unmarried Partner Visa - Really Struggling for advice

Post by Casa » Tue Apr 21, 2020 10:49 pm

The official HO guidance regarding gaps in the co-habitation period:

"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."


https://www.gov.uk/government/publicati ... ners-set05

However, you need to be able to submit documented evidence of a relationship 'akin to marriage' over a period of at least 24 months.

The above is relevant to an application for an UPV. Once this is granted, there are no absence limits under this category and she will be free to travel.
(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.

jskeels
Newly Registered
Posts: 2
Joined: Fri Apr 03, 2020 10:11 am
United Kingdom

Re: Unmarried Partner Visa - Really Struggling for advice

Post by jskeels » Tue Apr 21, 2020 11:04 pm

Thanks very much for getting back to me on this! Really appreciated.

We have lived together for more than two years and we haven't been apart for any really prolonged periods, so eligibility shouldnt be an issue.

Relief to hear that there's no travel restrictions for UPV holders. It's just been impossible finding any documentation that says so.

Thanks again.

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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 - Really Struggling for advice

Post by Casa » Wed Apr 22, 2020 12:18 am

You're welcome. Ensure you read through the required documented evidence of your relationship in Section 13 in the link I posted earlier. :idea:
(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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