ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

Advice for 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

Locked
VaughnUK
Newly Registered
Posts: 2
Joined: Sat Apr 16, 2011 4:08 pm

Advice for Unmarried Partner visa?

Post by VaughnUK » Sat Apr 16, 2011 4:33 pm

Hey everyone, I just have a quick question regarding the Unmarried Partner visa. It'd be great if anyone is able to answer or perhaps suggest any other alternative solutions for my situation that I might not know about!

I'm a British citizen that has been in a long distance relationship with a US citizen for over three years now. We've made lots of trips to see each other in that time (totalling around six months all together), but we obviously still fail to meet the "having lived together for at least 2 years" requirement for the Unmarried Partner visa, which we're looking in to as a way of closing the distance between us.

My question is, how concrete is that requirement? Assuming that we meet all other criteria, would it be possible for us to argue our case to try and obtain an Unmarried Partner visa still? Or if not, what might our next best shot be? Bearing in mind that we're both still young (both turning 21 in the next few months), so we seem to be quite limited as far as tiered visas go.

For what it's worth, we have evidence to show that we've been in a relationship for the entire duration: email/phone records, flight tickets, parcel delivery stamps - you name it.

Any and all responses welcome, thanks for your time!

MPH80
Respected Guru
Posts: 2065
Joined: Sat Oct 11, 2008 11:56 pm
Location: UK

Post by MPH80 » Sat Apr 16, 2011 4:48 pm

Hi - the important thing is the phrase "relationship akin to marriage".

There have been some recent legal judgements that say that cohabitation is not the be all and end all of that. However, to argue that two people, who've spent less than 6 months in each other's company over two continents are in a relationship akin to marriage is a stretch.

For example - do you share finances? Do you have children? Do you travel together to other places?

You're going to have a really hard time with this one.

So - other options:

1) Your partner goes for a tier visa

2) You move to the USA under their system

3) You get engaged when over 21, apply for a fiancee visa and marry within 6 months

4) Marry in the states and apply for a spouse visa when over 21.

5) Move to another european country, exercise your treaty rights for 6 months, see if you can get your partner in under european rules (not sure of the european rules on unmarried partners).

M.

User avatar
Casa
Moderator
Posts: 25817
Joined: Wed Jul 23, 2008 3:32 pm
United Kingdom

Post by Casa » Sat Apr 16, 2011 6:41 pm

To date you have a boyfriend and girlfriend, long distance relationship. Not a relationship 'akin to marriage'. As you've already been advised, this would be a relationship where you are living together (with limited time apart) with joint commitments...finance, shared bills etc at the same address.
Applications for Unmarried Partner Visas come under even more scrutiny than Spouse visas.

VaughnUK
Newly Registered
Posts: 2
Joined: Sat Apr 16, 2011 4:08 pm

Post by VaughnUK » Mon Apr 18, 2011 4:07 pm

Hi there MPH80 and Casa!

You both appear to be right in what you're saying, so it looks like the Unmarried Partner visa wouldn't be the way for us to go forward just yet. All the same, though, many thanks for shedding some light on the issue for me!

Locked