unmarried partners visa - possible problems

[Jhulley]

Hi there

I have been receiving some conflicting advice between what I have read/heard/been told on various forums. I am hoping someone can help or point me in the right direction of who to talk to (I am trying to avoid using an expensive immigration lawyer and can't seem to find ones willing to give free advice, lol.)

Here is a rundown of my situation - (its long so don't say I didnt warn you, lol and thanks to those in advance that read and respond to this.)

I moved to the UK in 2006 on a working holiday visa. I met my partner there and started a relationship with him. In 2008 we moved in together and have been living together ever since. Our 2 year point is on Feb 20th. We lived in the UK until December 2009 (I was then on a work sponsored permit). I am a Canadian citizen, my partner has dual citizenship for South Africa and the UK.

When we moved to Canada in Dec 2009 he came on a working holiday himself. He actually came in Jan 2009 as he went to visit his family in South Africa for the xmas holidays but we sent all our stuff over to Canada with me - and we have contact documented between that short time apart.

My partner was working in a very successful position from his arrival until July 2009, when he unexpectedly lost his job. He since has struggled to find work as employers knew his visa was expiring in January 2010 and were reluctant to hire him for such a short time. As a result he did a few odds and ends freelancing but nothing really monumental and there has not been steady income for a few months.

This difficulty in finding work is what prompted us to relocate back to the UK. He had another very successful position as a graphic designer/illustrator working for a very large company and also has well documented work history with a freelance agent.

Since July he has been lasting on his savings (lucky for us he had a lot put away) and is now unable to work. He has re entered Canada as a visitor and we hope to wait it out until we can make an application for the UK as unmarried partners.

My worry comes with how likely we will be able to prove we can provide for ourselves. At the time of application we will have about 8,000 GPB saved between the both of us, and by the time we hope to leave (Easter) it should be over 10,000 GBP. (I have a budget clearly outlined to send in with the application to try to demonstrate this).

He does not have a job lined up in the traditional sense, but he has contacted the agency that used to represent him in London and they are eager to take him back as he was one of their "top earning designers". They are going to provide us with a letter confirming that he will be represented by them, detailing his pay rate and what his success rate was finding work and how confident they are that they can line work up for him. He was also going to include past pay stubs from when he was represented by them previously.

As for myself I have registered with a teaching agency and am going to be working as a SEN teacher, first as supply and work to secure long term employment. The consultant I am working with is confident I can start working immediately and can confirm a salary of 160 pds a day.

Do you think this will be suitable to prove we can maintain ourselves over there or am I wasting a HUGE application fee in even trying? I know that what we have to show a job set up in the UK is not a traditional offer of employment as we will both be "freelancing" and will be represented by agencies and not working for one set company.

We have everything else sorted out - free accommodation offered from a mutal friend who has a spare room/copy of their mortgage, photos, council tax statements etc.

We have waaay too many documents proving a shared address so that is not a problem, the thing that is keeping me awake at night and causing stress for me and my partner is the lack of work he has had for the past while.

I am not really sure what we will do if we are not successful as he will not be eligible to work here. I would really appreciate some advice - whether its to put my mind at ease or to tell me I need to start problem solving and finding another solution.

The only thing I can think of is for us to both move before the 20th of Feb, him to start working and for us to set up a place to live...me to return to Canada and apply for unmarried visa and then go back to join him - which could cost a lot in flight costs! And I am not sure how that would change our unmarried partner status or if it is even possible!

Thanks again if you made it through all of this,

Jenn

[vinny]

SET05 - Unmarried and same sex partners
Maintenance and accommodation

[Jhulley]

Hi there


I have read those documents a few times but I still cant seem to make sense of it. I find it can be very vague yet specific at the same time, if that makes any sense. It says - regular transactions but then it states the applicant/and/or/the sponsor. Im not sure how much weight will be put onto his situation. I have regular income, regular transaction but am unsure as to how much this is taken into account or if the majority rests on his situation - hence my worry. If most of the weight is placed onto his situation then I would assume we are in trouble!

J

[Jhulley]

Anyone?
Please?

lol

[John]

Jhulley, the need is to show that you will not need to claim certain Public Funds. Accordingly it could well be the case that your income is enough to show that, or your partner's income is enough to show that, or even that your combined incomes are enough to show that.

Does that help?

[Jhulley]

Yah that's what I thought. I guess it depends if they think my income from the last few months + our potential incomes with the respective agencies we will work for will be enough. I wish there was a magic number that you knew it would be okay if you reach that!

I think i just get nervous because he has been unemployed for the 6 months, but that is the reason we are moving back to the UK - so he can go back to freelance with his last company.

Thanks

Jenn