"Living together for 2 years" clause-Unmarried partner visa

[mbrown22]

Hi all

I am on route to obtaining Biritish citienzship and my girlfriend, which is canadian and is currently on a Tier 2, might loose her job. She was planning to be moving here with Unmarried Partner Visa. We have been going out together for almost 3 years, are currently renting a flat with a yearly contract, and meet most eligibility requirements listed for this category. However we have only been living under the same roof since June. previously we lived in separate accommodation but have been seeing each other almost every day. For 9 months I also lived in a flat 10 minutes walk away from hers. Is the "living toghther for 2 years in a married like relationship" clause very strict when all the other requirements are more than fulfilled?

Many thanks

[vinny]

Fairly tightly.

[mbrown22]

thanks but does that require evidence of living under the same roof for 2 years or just being in a solid, frequent relationship for two years, independent of accommodation.

Thanks for your reply!

[Casa]

The co-habitation period of 2 years is mandatory. You would also need documented evidence of a relationship 'akin to marriage' covering the full 24 month period. The Case Worker would want to see proof of joint commitments during the qualifying period, such as shared finances, joint tenancy or mortgage, both names on utility bills etc.

Have you considered marriage? When does your partner's visa expire?

[mbrown22]

her Tier 2 is still valid, but we are considering other options as her company is not doing very well so that might fall through quite soon.

We meet all requirements except the fact that we have only been actually living in our own accommodation since June. But for everything else we have proof that our relationship has been healthy and continuous through time...

[Casa]

In respect to the Immigration Rules, without the proof of 2 years co-habitation what you have is a 'boyfriend/girlfriend relationship, for which there is no visa category as you're probably now aware.

[mbrown22]

And would the co-habitation requirement be as stringent were we planning to get married?

thanks

[CR001]

If you are married, then no, the requirement for 2 years cohabitation is not needed.

[Casa]

And would the co-habitation requirement be as stringent were we planning to get married?

thanks

Do you mean would you be given a concession to the 2 year co-habitation period if you submitted an application prior to marrying? If so, no there is no relaxation of the rules for engaged couples.

As CR001 has advised, the 2 year rule doesn't apply if you are married.