Can I switch to a WP from LLR..please help..

[canukwithbadluck]

Hi there,

This is my first time on the site and apologies if this has been addressed somewhere before.

I'm in an unfortunate and somewhat personal situation. I'm currently on an unmarried partner visa which runs out in September 2007. My very long term partner and I moved here from canada 4 years ago. I came to do an M.A. and he is a british citizen. We didn't really think ahead, as the length of our relationship meant I could have applied on entry and now have ILR.

Anyway, our relationship and friendship is sadly ending on very bad terms, by no means abusive, just some of the crap stuff of life that you don't plan is going to happen. I have built a life here and am doing something I love which is helping to keep me going through all this.

I am primarily self-employed but a few months ago was hired to a full time post running a professional arts organisation, filling in for someone on sabbatical. My employer is now aware of my situation and would like to sponsor a work permit so I can continue on in the post but i'm unsure if this is possible. A few questions:

Is it possible to switch from an unmarried partner visa (LLR) to a work permit while in the country? If so will by employer need to repost the job even though I was hired as the best candidate or can they provide documentation of my original posting?

The notes don't seem to indicate it is possible to switch between these categories but makes mention of exceptions due to circumstances...any thoughts or advice would be greatly appreciated...

[SYH]

I still don't see why you can't apply for ILR or naturalisation?
I guess the rest of the crew will tell you what they think

[Dawie]

I still don't see why you can't apply for ILR or naturalisation?
I guess the rest of the crew will tell you what they think

She can't apply for ILR because the required period is 5 years and the she has mentioned that she has only been here for 4 years. If she was on a spouse visa she would be able to apply for ILR after 2 years, but this provision does not apply to unmarried partner visas.

[Docterror]

She can't apply for ILR because the required period is 5 years and the she has mentioned that she has only been here for 4 years. If she was on a spouse visa she would be able to apply for ILR after 2 years, but this provision does not apply to unmarried partner visas.

I don't think that is quite right. Unmarried partners are eligible for ILR after 2 years on the unmarried partners visa. They will however need to complete the 5 years to apply for naturalisation. The reason the OP is not eligible for the ILR now is only because the relationship is not currently subsisting.

[SYH]

OK but 2.6 of the link below states 4 years.
Did they change it?

http://www.ind.homeoffice.gov.uk/docume ... iew=Binary

[Dawie]

She can't apply for ILR because the required period is 5 years and the she has mentioned that she has only been here for 4 years. If she was on a spouse visa she would be able to apply for ILR after 2 years, but this provision does not apply to unmarried partner visas.

I don't think that is quite right. Unmarried partners are eligible for ILR after 2 years on the unmarried partners visa. They will however need to complete the 5 years to apply for naturalisation. The reason the OP is not eligible for the ILR now is only because the relationship is not currently subsisting.

Docterror, you are quite right! My mistake There is a link here:

http://www.bia.homeoffice.gov.uk/applyi ... sexcouples

[Docterror]

OK but 2.6 of the link below states 4 years.
Did they change it?

http://www.ind.homeoffice.gov.uk/docume ... iew=Binary

SYH, Paragraph 2.6 of the IDIs you have provided pertains to Indefinite Leave to Enter and not Indefinite Leave to Remain.

[SYH]

Thats true, my bobo
but then I found the info below which indicates 2 years,
Am I reading it wrong?
http://www.bia.homeoffice.gov.uk/lawand ... ules/part8

Indefinite leave to remain as the unmarried or same-sex partner of a person present and settled in the United Kingdom
Requirements for indefinite leave to remain as the unmarried or same-sex partner of a person present and settled in the United Kingdom
295G. The requirements to be met by a person seeking indefinite leave to remain as the unmarried partner of a person present and settled in the United Kingdom are that:

(i) the applicant was admitted to the United Kingdom or given an extension of stay for a period of 2 years in accordance with paragraphs 295AA to 295F of these Rules and has completed a period of 2 years as the unmarried partner of a person present and settled here; or

(i)(a) was admitted to the United Kingdom in accordance with leave granted under paragraph 295B(c) of these rules; and

(ii) the applicant is still the unmarried or same-sex partner of the person he was admitted or granted an extension of stay to join and the relationship is still subsisting; and

(iii) each of the parties intends to live permanently with the other as his partner; and

(iv) there will be adequate accommodation for the parties and any dependants without recourse to public funds in accommodation which they own or occupy exclusively; and

(v) the parties will be able to maintain themselves and any dependants adequately without recourse to public funds; and

(vi) the applicant has sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, unless he is under the age of 18 or aged 65 or over at the time he makes his application.

[canukwithbadluck]

Indeed, from my understanding I cannot apply for ILR because the relationship is ending...
I'm wondering if I can swich onto a work permit from an unmarried parter visa..??????

[SYH]

If you can get your partner to work with you on it for the application, then that would be the best way to go

[Dawie]

Indeed, from my understanding I cannot apply for ILR because the relationship is ending...
I'm wondering if I can swich onto a work permit from an unmarried parter visa..??????

I would suggest you postpone the ending of your relationship temporarily, make an appointment for ILR at the Home Office, and then end your relationship afterwards.

[Docterror]

Assuming your partner does not aid you in the above suggestion, I don't think there is anyone here who knows definitely whether you can switch to a visa based on a work permit. But chances are very good as most no-switching categories are from visitor visa and other short visas statuses to other longer categories. Since you are already in a settlement category, chances of an in-country application failing are pretty slim.

[canukwithbadluck]

many thanks for taking the time to reply..