Urgent! T5 visa holder hoping for T1 piggy back...

[bleat0r]

Hi guys

The outfit I have been speaking to during the year completely failed to alert me to the changes coming up on the 9th of July so I think I'm in a bit of a bind... background info:

My partner is on a Tier 1 General visa which expires on 24 October 2012. I'm on a Tier 5 working holiday visa which expires in January 2013.

We are both New Zealanders who are looking to stay in the UK long term and want to assess our options. We met in New Zealand and have been living together continuously for the last 4 years. We have evidence of this (joint leases, joint bank accounts etc).

My partner has completed the Tier 1 self-assessment online and qualifies for an extension to her Tier 1. She's 31, earning £75,000 a year.

I'm 27, contracting @ £350 a day, earning the bulk of my income in dividends.

I've read several of the posts here about the new changes, but am a bit stressed about the whole thing and it's not making sense so if someone can help with the following questions it would be much appreciated.

Ultimately - will I be able to apply to piggy back off my Partner's visa if we apply after 9th July? What has practically changed that would effect our situation?

Also - We've been together for 4 years, which will still be just shy of 5 years at the end of the year by the time I need to apply. Will this be a problem?

Finally - dividends used to count as income, I assume that is still the case?

The main reason this is stressful is that we have a 3 week holiday booked leaving the 8th of July... so worst case I may need to cancel it, so if I could get some assistance urgently it would be greatly appreciated!

I'll be watching this thread so will respond to any advice asap.

Many thanks in advance

[Lucapooka]

What do you mean by outfit and why might they be obliged to keep you apprised of immigration issues? This forum is a great resource but the quality of the information you receive is only as good as the quality of the information you give.

If you want to apply as your partner's dependant (based on your interpersonal relationship akin to marriage, and of more than 2 years duration) you will have to apply from New Zealand. You can't switch from inside the UK.

[bleat0r]

Hi Lucapooka - thanks for your response.

By 'outfit' I meant the company that has a working partnership with the firm I use to handle my accounting. I have spoken to them since the start of the year regarding my visa status and intentions to move onto my partners T1 visa - and have been frustrated that they have no raised these upcoming changes with me at any time during the conversations we've had. This however is really a minor point not worth focusing on. It was meant as an introduction to why I am in the position I'm in.

I understand that I will need to apply from within NZ - however my question was regarding the rules that are coming out on July 9 and how they will effect my situation (against the rules as they currently stand) based on the information I've provided above. I felt I asked some quite specific questions - are you able to answer any of those?

Many thanks and I appreciate you looking at this.

Cheers

[anniecc]

Kia ora bleat0r.

The 9 July changes will not affect you if you're applying as a Tier 1 dependent. They apply to people applying in the non-PBS partner and family categories.

If you're applying as an unmarried partner you will need to show evidence that you have lived together for two years in a relationship akin to marriage.

You should check out the Tier 1 forums for further advice.

[Lucapooka]

We've been together for 4 years, which will still be just shy of 5 years at the end of the year by the time I need to apply.

106. For the same reason, the partner of a migrant under the Points Based System who wishes to settle with the main applicant will be required to have been in a relationship in the UK with them for at least five years, as well as serving five years on a route to settlement, before they can apply for indefinite leave to remain. Currently they can apply for settlement at the same time as the main applicant, provided they have been living together in the UK for at least two years