Unmarried Partner Visa Query

[schererjd]

To whom it may concern,

I am a 24-year-old US and Australian dual citizen. My partner is 23, from Cardiff, Wales. On the 16th of April, 2012, I completed my online unmarried partner application on the UKBA website. I was living in the UK on a Tier 5 Youth Mobility visa which expired on July 24th, 2012. I paid my fee of 991 pounds and received my receipt of payment.

I still had to get my supporting documents in order, including waiting a couple months until my partner and I would qualify for the 2-year co-habitation requirement of the visa. During that waiting period I realized that my current visa did not allow me to switch visas. I would have to leave and return. This meant that I would have to apply while out of the country. However, I had filled out and paid for the 'in-the-UK' visa application. I could not complete my UK visa application as, of course, it requires biometrics (which I could not get as I hadn't yet received my appointment date - which, I believe, comes after sending in the printed application and supporting documents). Nor could I apply from the US as I had filled out and paid for the UK application. Also, the US version of the application gives you an appointment to get your biometrics after finishing the online application process. You send biometrics in with the supporting documents afterwards.

I am currently in the U.S. I do not know if there's any way of transferring my existing UK application to the U.S.? I do not know if I can transfer my application fee over? As you would expect, I really do not want to pay the application fee of 991 pounds again.

I also know that the unmarried partner application requirements underwent some changes on July 9th. The application now requires you to have spent 5 years with your partner, a requirement that we do not meet (and couldn't have, as my visa was a non-renewable 2-year visa). My original application was issued on April 16th, when the requirement was only two years. If I have to re-apply in the U.S. we will not meet the requirement and my visa application will be refused.

I cannot help but feel that this must have happened to somebody else at some point. I'm sure the UKBA has a policy on this, but I'm damned if I can find an answer anywhere. The worldbridge service is pretty disappointing and costs $3/minute. I have made a call though and they responded with an email letting me know how to fill out a Set(M) form and where I could go for the settlement checking service if I lived in Scotland, Wales, England or Ireland. Not particularly helpful when I'm in Washington State, USA (which I did, of course, tell them).

To summarize:

- I have paid for the UK's online version of the Unmarried Partner's Visa application
- I am no longer in the UK as my visa there expired
- I do not know if I can transfer my application and the 991 pounds I paid as a fee
- If I have to re-apply from the USA I will not meet the 5-year co-habitation requirement

If anybody could help me with this it would be hugely, hugely appreciated. My girlfriend (a Welsh girl) lost her mother in December and we have been struggling through the grieving process ever since. I was really looking forward to a smooth application process so I could be with her during this difficult time. Instead, this whole thing has exploded due to some fine print on the bottom of Tier-5 visa rules.

Thank you so much in advance. If you have any questions please do not hesitate to get in touch.

Best wishes,

James

[Greenie]

Oh dear- where are you getting you information from?
It is not correct that you can't switch in country for a tier 5 yms visa to leave as unmarried partner. Tier 5 yms visa holders are restricted from switching in country to a number of routes particularly other categories of the PBS but they can switch to the unmarried partner or spouse of a British citizen or settled person.

If you paid £991 then you made the wrong application. You should have applied for further limited leave on form FLR(M) not settlement on form set(m)

If you apply online from within the UK you need to provide your supporting documents within a specified time period for the application to be valid. how long after you Applied did you leave the UK? Did you tell the ukba you were leaving?

As you have left the UK your application will be deemed to be withdrawn-you can't get a refund for a withdrawn application and nor can your transfer an in country application to an out of country application.

You are correct that the rules have now changed since you made your original application however it is not correct that the rules now require 5 years cohabitation for unmarried partners. two years cohabitation is still the requirement. The change from 2 to 5 years you may be referring to is the length of time you need to complete in the partner category before being able to apply for settlement which is now 5 years. The financial requirements have also changed significantly. Unfortunately having left the country your application made under the old rules will be deemed to be withdrawn application(and in any case was bound for refusal anyway since you Applied on the wrong form and also did not send your supporting documents) you will therefore need to apply under the new rules and pay your fee again.