Can She switch from Visitor to Unmarried Partner in the UK?

[naija99]

My friend who is a Namibian national wishes to visit the UK. Whilst she is here she wondered whether it is possible to apply for an unmarried spouse visa. Her partner is a British citizen. Is this possible or would she have to return to Namibia to apply?

The couple have a 7 year old son together. He has a Namibian passport. Is he eligible to apply for a British passport through his father's citizenship?

In relation to unmarried partner visa, the couple have not been living together for two years as my friend was studying in Namibia for the last three years. But they have a son together and documents going back 7 years, gifts, financial support etc.

Does anyone have experience in suceeding on a unmarried partner visa under these circumstances?

[anniecc]

My understanding is that the two year cohabitation rule is an absolute requirement, so your friend would be unlikely to succeed in the unmarried partner category.

[Casa]

Your friend doesn't qualify for an Unmarried Partner Visa, even though they have a child together. It's mandatory for them to have lived together in a relationship akin to marriage for a minimum of 2 years.
Neither would a switch from visitor to spouse be possible from within the UK if they decide marry while she's visiting.

[naija99]

Would they not look at the exceptions, i.e that they have a son?

[anniecc]

No. They want to know that the applicant is still in a relationship akin to marriage with the sponsor, and having a child together does not prove that.

[Casa]

Originally, the Unmarried Partner Visa was introduced for couples who were living together but due to national laws were unable to divorce from their previous spouses. The Philippines is an example. Later this concession was extended to couples who were living together as man and wife for a minimum of 24 months. Your friend unfortunately won't qualify.

[naija99]

Thanks Guys, will let her know the bad news
She wasnt planning on getting married for at least another two years, she may have to re-visit the idea.