Trying to find a way forward

[gemini12]

Hi there,

Sorry if I've posted this in the wrong forum, I'm new and just trying to find some basic advice.

My name's Nina, I'm a 31 year old Filipino currently working in China as a teacher. I've been in a long distance relationship with a British citizen (30 years old) since July 2012. My partner and I have met in various countries in South East Asia over this period and most recently I've visited him and his family in the UK for 5 weeks this summer on a 6 month Visitor Visa. My partner and I are committed to a long term relationship and seek to find a way for me to be with him in the UK.

I'm just looking for some advice in terms of where to start as there's a lot of information on the UK GOV website on visa which isn't always easy to follow. I've been looking at the requirements for the Unmarried Partner route which I believe falls under the Settlement Visa? Looking at the the guidance here:

https://www.gov.uk/government/publicati ... ners-set05

I believe that I meet all of the requirements albeit that I've not lived with my partner for extended periods of time as we work in different countries. We did cohabit briefly in Thailand when my partner worked there in 2012, but since then we've only met once or twice a year for periods of weeks. My partner will not relocate to Asia to live with me as he has worked in Asia previously and found it challenging for different reasons. He has settled into a well paying job and has family commitments in the UK whereas I've no strong ties to be in Asia. I've evidence of our relationship over the 3 years and we both have a strong ‘intention to live together’ in accommodation which is owned by his mother and which her express consent has been given for me to stay.

I'd just like to see a way forward really, I will be visiting my partner again next February for 6 weeks. I'm thinking of applying for a 2 year multiple entry Visitor Visa and then wondering if this can be changed to a Settlement Visa at some point?

[geriatrix]

1. The meaning of partner:

"Partner" means-
(i) the applicant's spouse;
(ii) the applicant's civil partner;
(iii) the applicant's fiancé(e) or proposed civil partner; or
(iv) a person who has been living together with the applicant in a relationship akin to a marriage or civil partnership for at least two years prior to the date of application,

So, unless you are married (spouse), intend to marry in UK in 6 months (fiance) or have lived together for at least 2 years (unmarried partner), you cannot apply for (un/married) partner visa.
Intention to live together (in future) is a prerequisite for the first 3 categories.
Having lived together (for at least 2 years preceding the application) is a prerequisite for the 4th category.
Evidence of relationship is not relevant, evidence of "living together" is what matters.

2. Applying for a long term visit visa and being granted one are two different things. If you have travelled to UK only once or travelled more than once but infrequently then the chances of being granted long term visit visa is as good as negligible.

3. You cannot change immigration status from visitor to partner from within the UK.

[physicskate]

Oi vais!

You will not qualify for the unmarried partner route to settlement if you cannot prove 24 months of cohabitation in a relationship 'akin to marriage' immediately before your application. There is no visa that allows a boyfriend/girlfriend relationship to continue between a Brit and non-EEA.

You will need to apply either as a fiance, if you intend on marrying in the UK within 6 months, or as a spouse after marriage outside the UK. After marriage, you would then apply for FLR(M) without needing to leave the UK. Or you could apply for a marriage visitor visa which would allow you 6 months in the UK to marry; you would have to prove you are going to leave the UK when the 6 months are up.

It is a bit complicated, and I would write pages and pages of how to do it, but instead, have a read of the .gov website first and let us know if you have questions.

https://www.gov.uk/join-family-in-uk

You cannot apply for any other visa from within the UK if you are here on a visitor visa (including marriage visitor visa).

[speedo812003]

Hi Nina!
The simplest way forward for you is to get married to your British partner outside the UK and then apply as his dependent for which you will be granted a dependent visa for 2.5 years provided your partner earns minimum salary as specified in current UKVI rules. You will have to extend this visa at the end of 2.5 years for another 2.5 year period by providing UKVI proof of your continuing relationship and cohabitation. At the end of 5 years you can be granted settelemnt status provided rules remain the same. Hope this helps.

Cheers!

[physicskate]

Hi Nina!
The simplest way forward for you is to get married to your British partner outside the UK and then apply as his dependent for which you will be granted a dependent visa for 2.5 years provided your partner earns minimum salary as specified in current UKVI rules. You will have to extend this visa at the end of 2.5 years for another 2.5 year period by providing UKVI proof of your continuing relationship and cohabitation. At the end of 5 years you can be granted settelemnt status provided rules remain the same. Hope this helps.

Cheers!

https://www.gov.uk/government/uploads/s ... t_2015.pdf

7.4.1
"The savings can be from any legal source, including a gift from a family member or other third party, provided the source of the cash savings is declared." (emphasis is mine)

https://www.gov.uk/government/uploads/s ... _FM_SE.pdf

Read through section A

There are several references to overseas financial institutions.

Or could you not take my word for it? I get it, there's a lot of misinformation out there!!

Good luck.