How to allow Algerian girlfriend into UK?

[dananski]

Hi all,

My girlfriend and I have been together for over four years, the first two were during our university studies in London and we had planned to get her onto a post-student working visa after she finished her masters in late 2010. Unfortunately we were very short on money at the time and couldn't get a sufficient deposit into her account in time, so she moved back to Algeria in early 2011 and started saving up.

Unfortunately, we did not know at the time that the deposit required was around 3x as much when applying from overseas. On her income it would take nearly a year. I also got a job but it was too late and we were unable to get the money into her account 90 days before the deadline (a year after her course finished) and the visa was declined.

Now we have a very awkward situation since there seems to be no way to get her back here to stay. The tier-based system seems to indicate she could only come here to work certain jobs, most of which are unsuitable, and if she did, she wouldn't be allowed to apply while in this country under her visitor visa (sounds like it would make interviews impossible).

Looking more directly towards partner visas, I see that she would qualify for it, except that we have no proof of living together for two years since we had different addresses 90% of the time. Furthermore, I can't figure out if these partner visas actually allow you to work. Can anyone shed some light on that for me?

Ironically, now that we've 'missed the window' on the post-student visa, my finances have improved and are no longer an issue.

Has anyone else been in a similar situation? I'd really appreciate any advice.

Cheers

[Lucapooka]

If she left the UK in 2011 she will not qualify for an unmarried partner visa. The two years is counted back from the date of application rather than from any period of two years in the past. Periods of separation of six months or less are not considered a break. Your only option is to marry if the Tier system has nothing that suits her circumstances.

a person who has been living together with the applicant in a relationship akin to a marriage or civil partnership for at least two years prior to the date of application,

[Greenie]

It addition it appears that the op and his partner did not actually live together for two years so even notwithstanding the gap she wouldn't meet the requirements anyway.

[dananski]

Thanks for the responses, that's cleared that up a bit.

Greenie, that's correct, we used to live nearby and stay together at whichever place was convenient at the time. Our rental agreements have never been shared, though she has had her bank account registered with my address.

Marriage is a slightly problematic option due to family issues. We'd prefer to be independent from parents before bringing that up...

It seems unfair that UKBA would keep her out because we haven't lived together recently, since they're the ones who prevented that in the first place. Is there any kind of way around that / special circumstances?

Are there any other alternatives? Other UK visas she may qualify for? Or another country we could both easily go to live and work in? London's our favourite place to live, but we're both keen to explore the world.

[Greenie]

You seem to be missing the point that even if you could get over the gap, you didn't actually live together for two years in a relationship akin to marriage. Staying at each others houses is not living together in a relationship akin to marriage.

The available categories and their requirements are set out on the ukba website.

Obviously as an EU national you could easily relocate to another EU country but whether your girlfriend would qualify for a visa is another matter.

[dananski]

Yes, that's the bit that I was hoping could be waived in the circumstances, but I am getting the impression that the system is rather strict.

I have read through a lot of visa requirements at this stage; I was hoping to hear from someone in a similar situation and which visa they found most appropriate, but it sounds like for most people marriage would be the obvious option, and it's not as if we weren't planning to anyway once reunited.

We'll have to compare our options and also take a look at France, USA, Canada and other countries' visa requirements and processing times.

If anyone has suggestions for a good English/French-speaking city that both British and Algerians can easily go to work, with plenty of graduate technical jobs, I'd be really keen to take a look into it.