I've noticed a few topics on this, but I'm still a little unclear on the exact workings and would appreciate if someone could confirm/deny I've got the right end of the stick on this one.
My partner is from New Zealand, she's currently living with me in the UK on a Youth Mobilty Visa which is due to expire in February 2013.
As far as meeting the criteria for an unmarried partner goes we are ok - we've been living together since November 2009 when I moved in with her in New Zealand (where, incidentally, I managed to get a year extension on my Working Holiday visa on the basis of us living together for two months (!)) and we left NZ in January 2012, travelled in India and Nepal for 5 months and then arrived in the UK, initially living with my parents and now in a shared house with my brother and his partner. As far as evidence of relationship, I am confident we can cobble together enough to prove that we have been living together in a relationship akin to marriage for 2+ years.
The thorny issue is with the moving to Unmarried Partner from the Tier 5 visa, which depending on your sources is either possible or impossible. I noted that several other people have posted to say it is possible, but both myself and my partner called UK Border Agency today and spoke to different people who both said unequivocally that she would have to leave the country if she wanted to live in the UK past her Tier 5 visa date.
I did some more research today and from the legislation I have read on the website it suggests that my partner CAN sort this out whilst in the UK.
Regarding the Tier 5 YMV visa, the website says:
And:..., you cannot switch into any other category of the points-based system or into a visitor route. When your visa expires at the end of the 24 months, you cannot extend your stay.
However, from what I can tell, switching to an Unmarried Partner counts as 'Leave to Remain' (for an intial two year period), which wouldn't be classed as a points based category, a visitor route, or indefinite leave to remain, and so isn't covered by any of the restrictions mentioned regarding the Tier 5 YMV.You cannot apply for permission to settle in the UK (also known as 'indefinite leave to remain') from Tier 5
Furthermore, in the legislation covering Unmarried Partners (295D) I can't see anything that would stop her from applying through this route whilst in this country, as it only requires that:
If I'm reading that right, it just means that in accordance with existing immigration legislation, my partner must have been given limited leave to remain in the UK for at least 6 months, which the Tier 5 TMV more than covers as it last for two years.the applicant has limited leave to enter or remain in the United Kingdom which was given in accordance with any of the provisions of these Rules, other than where as a result of that leave he would not have been in the United Kingdom beyond 6 months from the date on which he was admitted to the United Kingdom on this occasion in accordance with these rules...
If this is the case, have we both been misinformed by the people we spoke to at the Border Agency, or have I missed something important that would affect this?
Obviously I am very keen that my partner doesn't have to leave the country to get a visa to come back in because a) I would miss her
and b) notwithstanding the prohibitive cost of applying for leave to remain, the cost of her travelling to NZ and back to the UK coupled with the loss of earnings from her not working would more or less wipe out all our savings.On the other hand if we do apply from the UK and get refused, then things would be even worse.
I plan to call the UK Border Agency again tomorrow armed with the legislation and give them a bit more of a grilling about this, but in the meantime does anyone have any advice on this?
P.S. Sorry for writing War and Peace.
