T4 Dependent - Unmarried partner - not living together

[ywn7295]

Dear all,

I'm finishing up my PhD soon (wooh!) and moving on to the Doctoral Extension visa from the Tier 4 Student General visa. At the same time, my partner is finishing his Youth Mobility visa and wants to stay in the UK. We are wondering whether we can become a dependent on my DE visa.

But here's the trick - we don't live together- BUT there are compelling reasons why not: his work is in London, and my PhD is at Oxford. Under Oxford Uni rules, Oxford students *must* live in Oxford (yes, it IS a very annoying rule) so I have not been allowed to live in London. He could theoretically have lived in Oxford and commuted to London, but (1) that sucks, and (2) we could never have afforded the cost of transport. As soon as I finish my PhD I will move to London and we will live together (so by the time we file the application, we will be living together - but won't have done so for two years).

Other relevant info -
- We met here in the UK, but are both New Zealanders (neither with UK ancestry, unfortunately!)
- My partner works full-time and would be fine to meet the financial criteria
- We've been together for 2.5 years (it will be three by the time we apply)
- We can prove we've been a couple for 2.5 years, via photos together, travelling back to NZ together for Christmas, letters and invitations addressed to both of us, phone records, attending weddings of each other's friends and family, etc.
- We have a joint bank account
- We both speak English and both have Masters degrees from Oxford etc etc
- He could move on to a sponsored visa in theory, but in practice his employer is reluctant and he would potentially have to get a new job with a more-helpful company (and he loves his current job), so it would be easier if he could avoid it.

Obviously, we could get married, but the idea of getting married just to get a visa isn't very appealing.

What do you think guys? Do we have any hope??

Thanks!

[vinny]

No hope as an unmarried partner without at least 2 years living together, akin of marriage.

(iii) the applicant and the Relevant Points Based System Migrant must have been living together in a relationship similar to marriage or civil partnership for a period of at least 2 years.

fails.

[ywn7295]

Thank you, but obviously I've read that! What I'm asking is, are there any exceptions?

[ywn7295]

Or, does anyone know of any cases where this condition has not been met, but the visa was granted?

[CR001]

Thank you, but obviously I've read that! What I'm asking is, are there any exceptions?

No, there are no exceptions to this.

[Frontier Mole]

No matter what he will have to return to NZ to apply for whatever visa you attempt to gain

Looking at your circumstances it is pretty hopeless unless you get married and even then you would have to be earning enough to meet the spouse income requirement. His YMS salary does not come into it.

The best option would be for him to get a tier 2 general sponsored role, but he will have to return to NZ to apply for it. Then the next issue if you don't get married is the length of time you are in the UK to demonstrate the akin to being married rules