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Visa for spouse of IRL, formally a dependant of Tier 2

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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Allan NC
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Posts: 8
Joined: Sun Oct 30, 2016 9:50 pm

Visa for spouse of IRL, formally a dependant of Tier 2

Post by Allan NC » Sun Oct 30, 2016 10:04 pm

Hello,

Looking for a visa for my unmarried partner of 2 years.
I'm an Australian citizen on IRL since April 2014. Prior to that I was a dependant of my ex who was a Tier 2 (highly skilled migrant).
My Australian partner has been with me in the UK since April 2015 on a Working Holiday VISA which will run out April 2017.

https://www.gov.uk/remain-in-uk-family/exceptions
The guidance here is unclear as I didn't settle as a Tier 2 myself, but as a dependant of one and since separated after my IRL was granted.

Does this complicate things and what is the correct VISA to apply for?

Many thanks,

Allan.

secret.simon
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Re: Visa for spouse of IRL, formally a dependant of Tier 2

Post by secret.simon » Mon Oct 31, 2016 12:20 am

Are your partner and you married or in a civil partnership? Or are you in a relationship akin to marriage for at least two years, with proof of such relationship (joint bills, bank accounts, mortgage or tenency agreement, etc)?

If so, your partner can apply for a family of a settled person visa. S/he does not fall under the exceptions, which would have applied if s/he had got a T2 dependent visa (what you had before ILR).
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

Allan NC
Newly Registered
Posts: 8
Joined: Sun Oct 30, 2016 9:50 pm

Re: Visa for spouse of IRL, formally a dependant of Tier 2

Post by Allan NC » Mon Oct 31, 2016 11:31 am

Thank you for your reply.
This is good news.
We are unmarried but have lived together in 1 bedroom apartment for over 2 years (though recently moved)
All utilities were in my name though and we don't share a bank account. What other evidence is accepted?

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Casa
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Posts: 25786
Joined: Wed Jul 23, 2008 3:32 pm
United Kingdom

Re: Visa for spouse of IRL, formally a dependant of Tier 2

Post by Casa » Mon Oct 31, 2016 12:34 pm

secret.simon wrote:Are your partner and you married or in a civil partnership? Or are you in a relationship akin to marriage for at least two years, with proof of such relationship (joint bills, bank accounts, mortgage or tenency agreement, etc)?

If so, your partner can apply for a family of a settled person visa. S/he does not fall under the exceptions, which would have applied if s/he had got a T2 dependent visa (what you had before ILR).
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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