Best Route: Fiance or Unmarried Partner Visa?

[Iamtylerellis]

Hi all,

My apologies if this has been answered before but I've scrolled through 20 pages and cant see anyone in the forum talking about it, although I would have thought it would be a common query.

My partner Liby (Australian) and I (English) have been dating for 5 years and she has lived in the UK for the last 3 years now. Originally on a Tier 5 Youth Mobility Visa, we applied for a Leave to Remain Visa (Unmarried Partner) but was refused due to insufficient financial evidence.

We meet all the eligibility criteria, but it was poor research on our part, and we didn't supply enough supporting docs.

We appealed the refusal by requesting an oral hearing and were waiting to be listed, however, 2 weeks ago we decided to pull the plug and contact the Voluntary Departure Team to remove her appeal and return to Australia. After speaking with various people in the HO and Tribunal services, we understood it could be another 6-12 months before we had any sort of resolution, and frankly she has family affairs to attend to.

We hope to reapply as soon as possible.

My question is (yes, there is one) what would be our best category to apply for within the 'Family of a settled person visa'? We have been engaged since November and hope to get married on June 3rd 2017, and could therefore apply via the Fiance route, however, we understand we will then have to apply to remain in the uk and she would not be able to work, a thought we do not relish.

Would it not be more economical to apply for an unmarried partner visa and get married on our own terms then notify the HO? Is this allowed?

Many thanks for everyones support, I wish we had know about this website prior to past applications, I feel we may not be in this predicament.

Yours sincerely, Tyler

[vinny]

For the purposes of this Appendix “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, unless a different meaning of partner applies elsewhere in this Appendix.

Yes. It may be more economical to apply as an unmarried partner, if GEN.1.2(iv) is satisfied.

An unmarried partner may work.
An unmarried partner would not have to make FLR(M) application directly after marriage, whereas a fiancé(e) should.
The 5-year qualifying period for SET(M) will exclude any period(s) of entry clearance or limited leave as a fiancé(e) or proposed civil partner.

A subsequent marriage between unmarried partners should be okay as GEN.1.2 is still satisfied.

[Casa]

Further to the information given by Vinny, do you now meet the £18,600 minimum income level? This will need to be your income alone as the sponsor, and you will have to submit the most recent 6 months of payslips & the corresponding bank statements.
Do you have documented evidence showing 2 years of co-habitation in a relationship 'akin to marriage'? The Case Worker would expect to see joint commitments such as shared finances, joint tenancy, both names on utility bills etc.
The fee for an unmarried partner visa is £1195 and your fiancee will have to pay the £500 NHS surcharge as Australian nationals are no longer exempt.

[Iamtylerellis]

Thanks for the prompt reply Vinny, Casa.

We have been living with one another for the past 3 years in the UK, shared tenancy agreement and various other bills. We also lived with one another prior to this period for 1 year in Australia.

As she is returning to Australia for a period (Hopefully no longer than 3/4 months) will our time apart be considered negatively despite the fact we have cohabited for such a long time before she departed?

I now meet the £18,600 criteria alone and have 2 years of self employed tax returns as evidence of this, including bank statements to evidence this. As Liby will be applying from within Australia - wherein she will be working full time - how much evidence regarding her own finances will she be required to provide? All payslips and bank statements (From Australia) for the 3/4 month period before reapplying?
I should note that Liby has not been allowed to work in the UK since January due to a 'Notice of liable for detention' which was triggered when we contacted VDP at the start of the year.

[Casa]

I believe there is an allowance for up to six months apart for an unmarried partner application.

Liby's income in Australia is irrelevant to the application and isn't required.

To meet the £18,600 income level as self-employed it's the amount after allowable business expenses have been deducted...the nett amount which HMRC use to calculate tax due. Not your gross income. Are you OK with this?

[Iamtylerellis]

My taxable income for 2015/2016 was £18.8k, whereas 2014/2015 was £14.3k, how will this affect us?

[Casa]

Earnings in the tax year 2014/2015 are irrelevant.

[Iamtylerellis]

Hi Casa, Vinny, or others.

A couple of follow up questions if I may.

As described in the initial post above, Elizabeth now resides in Australia, as of August 25th 2016, and we are assembling our application to apply via the Unmarried Partner route.

I read, if we are engaged (as we are) then we MUST apply for the fiance route. Is this true? If so, could we simply not declare/use as evidence our engagement and avoid having to take this route.

Secondly, when applying, how should I submit my passport (as supporting evidence of my citizenship) if she is applying from Australia? Am I able to send a photocopy of the whole passport (and complete section 14) as evidence instead? This would be more convenient, as I plan to travel to Australia for the Christmas period and am concerned it would not be returned in time.

Kind regards.

[Casa]

Hi Casa, Vinny, or others.

A couple of follow up questions if I may.

As described in the initial post above, Elizabeth now resides in Australia, as of August 25th 2016, and we are assembling our application to apply via the Unmarried Partner route.

I read, if we are engaged (as we are) then we MUST apply for the fiance route. Is this true? If so, could we simply not declare/use as evidence our engagement and avoid having to take this route. You've said you're applying as Unmarried Partners. This isn't a fiance visa.

Secondly, when applying, how should I submit my passport (as supporting evidence of my citizenship) if she is applying from Australia? Am I able to send a photocopy of the whole passport (and complete section 14) as evidence instead? This would be more convenient, as I plan to travel to Australia for the Christmas period and am concerned it would not be returned in time. Submit legally certified copy of your passport.

Kind regards.

[Iamtylerellis]

I am collating my evidence and read this paragraph in 'Appendix_FM_1_7'

'a sponsor wishing to rely on earnings from self-employment as a sole trader, as a partner or in a franchise will need to arrange to file their self assessment tax return to HMRC on a timescale geared to meeting this requirement of the Immigration Rules rather than the deadline set for UK tax purposes.' - Section 9.3.3

I intended to use my Self Assessment Tax Return (Cat F) from the periods of April 2015 - April 2016, and evidence my income through bank statements for that period. Will this be accepted? As it now January, with only 2 months left of the financial year.

Many thanks.

[Wanderer]

I think Aug to what'll soon be Feb is too long for unmarried partner visa now, should be last two years cohabitation....

[Iamtylerellis]

I was under the understanding that you are allowed six months apart?

Aside from the fact that I have spent the whole of December in Australia with her, we should be able to apply for this visa til Feb 25th (She left the UK Aug 25th)

Is that correct?

[Iamtylerellis]

I think Aug to what'll soon be Feb is too long for unmarried partner visa now, should be last two years cohabitation....

SET5.12 Assessing whether the relationship has subsisted for two years
‘Living together’, should be applied fairly tightly, with a couple providing evidence that they have been living together in a relationship akin to marriage or civil partnership which has subsisted for two years or more.

Periods apart for up to six months would be acceptable for good reasons, such as work commitments, or looking after a relative as long as:

it was not possible for the other partner to accompany; and
the applicant can show evidence that the relationship continued throughout that period, for example, by visits, letters, logged phone calls.

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

I realise we are getting very close to the mark, however, we are able to evidence that we I visited and have remained in constant communication.