Unmarried Partner Query

[leondj]

I have been on a work permit for 3 years and almost for 2 years on a HSMP visa. Therefore I am looking to apply for ILR. My girlfriend is currently living with me and have for the last 2 years in England (almost) on a working holiday visa and is from South Africa. My questions are:

1. How long should you have lived together to be seen as an umarried partner? What proof would you need.

2. If you need to have lived together for 2 years, is it worth extending her working holiday visa for 6 months, and wait for her to apply for unmarried partner until after I have my ILR (hopefully).

3. Does she need to go back to South Africa to apply?

4. Can I include her on my ILR application as an unmarried partner? Or should she already have a unmarried partner visa before I apply?

Any help would be really appreciated!

Tx

[Docterror]

The problem is, since your girlfriend has already been issued with a WHV for 2 years it's going to be impossible to get an extension to it. She will have to figure out some other way to get a visa so that the 2 years of cohabitation are met for the Unmarried partners visa.

The Unmarried partner Visa can be applied in-country without having to go back to SA and she does have to be on the visa as your depandant to obtain the ILR along with you.

[leondj]

Thanks for the reply.

Lots of my friends have received a 6 moths visitor visa as an extension to a WHV in country. But you are not allowed to work. So I guess this will be the best way to do it.

If she then applies as a unmarried partner after completing 2 years, and one month later I apply for ILR. Can I then include her on the ILR application, or does she have to be a dependant for at least a certain time?

Tx

[Wanderer]

Correct me if I'm wrong but I didn't think HSMP could avail themselves of the UPV, since they are not 'Settled':

What does "present and settled" mean?

‘Settled’ means being allowed to live in the UK lawfully, with no time limit on your stay. "Present and settled" means that the person concerned is settled in the UK and, at the time we are considering your application under the Immigration Rules, is in the UK or is coming here with you, or to join you and plans to live with you in the UK if your application is successful.

Seems to me the OP can only apply for a UPV for his partner when he's applied for ILR.

Or have I got it wrong again (I'm on a bad run!)

[immigration1]

I have been on a work permit for 3 years and almost for 2 years on a HSMP visa. Therefore I am looking to apply for ILR. My girlfriend is currently living with me and have for the last 2 years in England (almost) on a working holiday visa and is from South Africa. My questions are:

1. How long should you have lived together to be seen as an umarried partner? What proof would you need.

2 years. Proof that you've lived together during this period. Check form FLR (M). If successful she'd be given 2 yrs "probationary period" BUT you MUST be settled first before she can make the application.

2. If you need to have lived together for 2 years, is it worth extending her working holiday visa for 6 months, and wait for her to apply for unmarried partner until after I have my ILR (hopefully).

Yes

3. Does she need to go back to South Africa to apply?

No, she can make an in-country application BUT if she gets 6 months visitors visa extension then she cannot switch into this category and she'd be expected to leave the UK and make an out of country entry clearance application to return in this capacity.

4. Can I include her on my ILR application as an unmarried partner? Or should she already have a unmarried partner visa before I apply?


Any help would be really appreciated!

Tx

[leondj]

Thanks for all your input on this one.

Can I just confirm that a person with HSMP visa is not concidered to be "settled" in the UK and therefore can not get a UPV for a parner?

TX

[Docterror]

Correct me if I'm wrong but I didn't think HSMP could avail themselves of the UPV, since they are not 'Settled':....

Sorry Wanderer, but even unmarried partners of HSMP or any other applicants under the categories of 'Limited Leave to Remain/Enter' can apply for the UPV. Provisions for it can be seen in Paragraph 295J-L of the Immigration rules which can be seen here .

2 years. Proof that you've lived together during this period. Check form FLR (M). If successful she'd be given 2 yrs "probationary period" BUT you MUST be settled first before she can make the application.

Sorry. But I do not agree with that assessment as well. If successful, the UPV will be issued a visa in line with the validity of the visa of the person the UP is dependant on. And as shown above the sponsor of the applicant need not be 'Settled' for the application to be successful.

No, she can make an in-country application BUT if she gets 6 months visitors visa extension then she cannot switch into this category and she'd be expected to leave the UK and make an out of country entry clearance application to return in this capacity.

Actually, my reply that an in-country switch to an UPV as the UP of a person with LLR can be attempted in-country is not based on any immigration rules but rather on the suggestion by posters who sound more knowledgable than me, like 'transpondia' and the moderator 'Chess' who said that the requirement in Paragraph 295J (ix) can be waived if all the other conditions are met. No proof of their source has been revealed and so, as far as I am concerned, there is a chance that the OP might have to make the application in SA because as far as the rules goes, and I quote-

(ix) if seeking leave to enter, the applicant holds a valid United Kingdom entry clearance for entry in this capacity or, if seeking leave to remain, was admitted with a valid United Kingdom entry clearance for entry in this capacity.

So, the applicant has to be admitted on a UPV for an LTR as the UPV as dependant of someone on LTR to be granted. I will let someone with practical experience or verifiable sources clarify.

Can I then include her on the ILR application, or does she have to be a dependant for at least a certain time?

No. There is no specific amount of time that the dependant has to be in the UK with you to apply and obtain the ILR, provided you are successful as well. There is of course, the small matter of your depandant getting the pass certificate in the Life in UK test as well.

[leondj]

Thanks again for the info. I must admit I am a little confused now. As far as I understand there are 2 options, but I might have missed it alltogether.

1. My UP applies for 6 month holiday visa. One moth later I apply for ILR. My UP then goes back to SA and apply for a UPV.

2. My UP applies for UPV in country - we would have lived together almost 2 years (hopefully this will be enough). Say she gets is, it will only be valid for 2 months, as my HSMP is due to expire then? But 1 month before I apply for my ILR and include her on the application. We both get ILR providing we both complete the test of living in the UK?

Option 1 sounds like the safest option? Is option 2 even viable? Sounds too good to be true, but will be better as we only apply 2 times and not 3.

Thanks for everyone being so helpful on this forum. Must admit I was not expecting this much input.

[Docterror]

As far as I can see, both options are viable. But you will have to edit out the word "almost" in option 2 as there has to be evidence of exactly 2 years of co-habitation ... or more... and almost 2 years of co-habitation will not be enough.

But if the UPV is applied for as per option 1 after you get the ILR, then your UP will have to stay on it for a further 2 years to obtain the ILR.