Civil Partnership after Tier 5 expired and left the UK-Help?

[Lightgirl81]

Hi there,

I am Australian and was on the Tier 5 Youth Mobility Visa which expired in July this year so have left the UK. I met my partner just over, a year ago and we have lived together for approximately nine months, however she went abroad for 2 months of this time. We have been talking about civil partnership for a while so looking into how to do this, and visas for proposed civil partnership and not sure whether we fulfil the requirements for and whether to apply for the visitors visa or the one to settle?

We have not lived together for 2 years and my worry is now my visa has expired and I am no longer in the UK and I entered the UK after leaving for a few weeks on a tourist visa to sort out a few things, once it had expired, but we could not register for it as I was on a tourist visa.

There may also be an issue with the proof of funds as she has been at her job less than 6 months and earns under 18600, is the 18600 pound funds required just for her or joint between the both of us?

Would the best option be to apply as a visitor, become civil partners, leave and apply for the 2 and a half years?
Would I need to return to Australia or just leave the UK?

And what kind of evidence do we supply, photos, messages, call logs etc?




Many Thanks

[Lucapooka]

The two year relationship is with regard to unmarried partners; it is not a requirement for proposed CP visas.

http://www.bia.homeoffice.gov.uk/visas- ... oposed-cp/

[MPH80]

Because you are outside the UK - the only income that can be considered is your partner's - not yours.

To be honest - given you are planning to live in the UK it'll be tough to prove you'd leave at the end of a fiancee/civil partnership visitor visa.

It still wouldn't help you though - because of that income threshold.

M.

[Lightgirl81]

Because you are outside the UK - the only income that can be considered is your partner's - not yours.

To be honest - given you are planning to live in the UK it'll be tough to prove you'd leave at the end of a fiancee/civil partnership visitor visa.

It still wouldn't help you though - because of that income threshold.

M.

Thanks for the responses

So if I were in the UK under a different visa, my income could be considered?

Is the visitor visa hard to obtain or would you reccomend going straight for the longer stay one?

[MPH80]

If you were in the UK and allowed to work - then yes, your income could be counted.

The problem with the visitor visa is that you have to show you're going to leave. This requires strong ties back to your country - e.g. a reason to go back.

You'll be forming a partnership and have only been out of the UK since July. Hard to argue you're firmly tied to Australia. Some people would say 'but I'm going to return so I do the civil partner visa' ... my response to that is 'why not do the proposed civil partner visa'.

Of course - as an Australian - you don't need a visa to visit, but a return so soon after the expiry of your tier 5 visa might raise eyebrows at the desk.

M.

[Lightgirl81]

If you were in the UK and allowed to work - then yes, your income could be counted.

The problem with the visitor visa is that you have to show you're going to leave. This requires strong ties back to your country - e.g. a reason to go back.

You'll be forming a partnership and have only been out of the UK since July. Hard to argue you're firmly tied to Australia. Some people would say 'but I'm going to return so I do the civil partner visa' ... my response to that is 'why not do the proposed civil partner visa'.

Of course - as an Australian - you don't need a visa to visit, but a return so soon after the expiry of your tier 5 visa might raise eyebrows at the desk.

M.

Thank you, due to the financial requirement don't think I can go for the proposed civil partner visa at present so looking into other visas which allow me to work and why I considered the visitor one.

Do you think returning at the end of the year would be an issue if I had a return ticket/a ticket elsewhere or a visa for another EU country also?

Are there other avenues u could suggest?

If we underwent the CP in another EU country would it be under EU law to bypass the financial requirement?

Many thanks

[MPH80]

Do you think returning at the end of the year would be an issue if I had a return ticket/a ticket elsewhere or a visa for another EU country also?

Return tickets are frequently dropped by people - it's not much proof you'll leave. You need to be looking at stronger ties - a job, family, property are normally all mentioned.

Are there other avenues u could suggest?

Could she move to you? Or ... (see below)

If we underwent the CP in another EU country would it be under EU law to bypass the financial requirement?

No - in order to use the EU law you either have to be getting together with:

1) Someone who is a national of another EEA country exercising their treaty rights in the UK

2) A British person who is exercising their treat rights in another EU country.

In practicality - that means them working or studying.

So if your partner could move to another EU country for 3-6 months to work where they also supported civil partnerships, then you could go there, legally enshrine your partnership and return under a family permit.

M.

[Lightgirl81]

Do you think returning at the end of the year would be an issue if I had a return ticket/a ticket elsewhere or a visa for another EU country also?

Return tickets are frequently dropped by people - it's not much proof you'll leave. You need to be looking at stronger ties - a job, family, property are normally all mentioned.

Are there other avenues u could suggest?

Could she move to you? Or ... (see below)

If we underwent the CP in another EU country would it be under EU law to bypass the financial requirement?

No - in order to use the EU law you either have to be getting together with:

1) Someone who is a national of another EEA country exercising their treaty rights in the UK

2) A British person who is exercising their treat rights in another EU country.

In practicality - that means them working or studying.

So if your partner could move to another EU country for 3-6 months to work where they also supported civil partnerships, then you could go there, legally enshrine your partnership and return under a family permit.

M.

Thank you for your response

Our plan is for me to go there as my family do not know about us and live here, and for other reasons we want to be together in the UK for now

With the financial requirement, not sure if her taking a lot of time off work to come visit me may result in her losing her job also, which we dont want to risk. I would need to loan some of the maintenence funds as well so i would have it for entering the uk later.

Does the visitors visa require as much evidence as the longer proposed cp visa? Am planning to go back around Christmas to spend some time with her, and we are thinking of going through the application/paperwork together and then I would return to Australia and apply as a proposed CP ILE of 2.5 years but am unsure whether to go as a tourist, in December or apply for the 6 month visa to register our CP.

My worry is this 6 month visa being rejected as most of the paperwork and the consequences of this..letters from friends/proof we lived together would be easily obtained whilst being in the UK and their inclusion would make our application more supported and thorough. Weighing up whether its worth waiting until the application is more thorough later or registering the CP as soon as we can, with risk.

So basically whether or not you were civil partners before applying for the ILE of 2.5 years have any impact on the outcome? And could we go to another EU country to do this and I return to Australia or would they question why I didnt do it in the UK?

Many thanks again