Leave to remain as unmarried partner - under new rules

[Judy1389]

Hi,

I'd like a bit of clarification on my eligibility to apply for the Unmarried Partner visa. It's still a few months before my partner and I will have been together for two years, but I just want to see if I would qualify once it has been two years.

I've been in the UK for the past five years - originally as an undergrad student (I met my partner at the end of my degree), and am now here on a Post Study Work Visa. That visa is due to expire in December 2013 (thus meeting the requirement "applicant has been granted leave for a period of more than 6 months").

The one thing that worries me about our eligibility is the fact that we have not been living together consistently over the past two years, despite the fact that we have been in a committed relationship and have proof of this (extensive emails, documented phone calls, gifts, handwritten letters, etc.)

Still, we seem to tick all but one of the boxes in the section "FACTORS WHICH MAY BE ASSOCIATED WITH A GENUINE RELATIONSHIP" (103) in the Statement of Intent, Family Migration (June 2012):
- joint bank account ("The couple share financial responsibilities")
- he has visited and stayed with my family in the USA (flights booked in 2011, taken early this year), and we are planning another trip back in autumn ("The sponsor and/or applicant have visited the other’s home country and family and are able to provide evidence of this." - proof obviously being plane tickets and photos)
- by the time we actually make the application, we intend to be living together already
(the only factor that doesn't apply is the one regarding children.)

Also, even though he would technically be my "sponsor", being a UK citizen, I would be the one providing proof of financial stability - he is still studying full-time at university and I meet the financial requirement of income over the £18,600 requirement (I'm eligible to work due to my PSW visa).


Would we qualify??

[Casa]

The Unmarried Partner Visa is for couples who have been living together in a relationship akin to marriage for a minimum of 24 months. This would require you to show a joint address with supporting documents to cover this period.
You don't appear to qualify.