Permanent Resident for my girlfriend (future wife)

[at22134]

Hi All,

I have the following situation for which

I am a British citizen who can live and work in the UK without any restrictions. What are the rules and procedures for my girlfriend to join me in and become a permanent resident in the UK?

We are both currently working and living in Hong Kong and we are planning to migrate to UK in the future. I already have British citizenship, however, my girlfriend has not.

I have read parts of your website explaining the procedures and from what I gathered:

1. She will first need to apply and extend a visa (dunno which visa) and live with me in the UK for 5 years. (During this time, can she work?)

2. The is a financial requirement which is around 18,000 GBP per year. (How does this actually work? Is it just her, or both of us combined?)

3. After 5 years, she will then be able to apply for permanent residency. (what is the success rate of approval? What happens just she is rejected? How about the 10 year route?)

Could you please kindly clarify the above so that we can plan for this long and complex process.

Thanks alot,

Andy

[CR001]

1. She will first need to apply and extend a visa (dunno which visa) and live with me in the UK for 5 years. (During this time, can she work?)

Have you been living in a 'relationship akin to marriage' for a minimum of 2 years??? This is the most fundamental requirement for an unmarried partner visa on form VAF4A. First visa will be issued for 30 or 33 months. Shortly before this expires, she applies for an extension for a further 2.5 years on FLR(M). Yes, she would be allowed to work. Are you British born or a naturalised British citizen??

2. The is a financial requirement which is around 18,000 GBP per year. (How does this actually work? Is it just her, or both of us combined?)

It is £18,600pa and for the first visa, it is only your income that can be taken into account. For extension, both incomes can be used. Or you can use savings to meet the financial requirement and would need a minimum of £62,500 held for at least 6 months in an accessible bank account.

3. After 5 years, she will then be able to apply for permanent residency. (what is the success rate of approval? What happens just she is rejected? How about the 10 year route?)

No, she will apply for ILR (indefinite leave to remain). PR is the route under the EU directive which does not apply to you in this scenario. If an applicant meets all the requirements (financial, LIUK, English B1), then no reason ILR should be refused. If rejected, she will have to apply for an FLR(M) extension again. What do you mean by the '10 year route'??

[noajthan]

Not easy for a gf.

Marriage? Shoot for spouse visa. Then 5 years to ILR. Naturalisation process then follows; finally passport procedure.

[Casa]

The following assumes you meet the requirements as unmarried partners, as advised by CR001:

As you are living outside of the UK in order to meet the financial condition you can either:
1. Relocate to the UK ahead of your partner and as soon as you have 6 months of payslips & the corresponding bank statement showing pro rata earnings of £18.600 p.a your partner can then submit the settlement visa application

OR
2. Show £62,500 in savings held in an accessible account for a minimum of 6 months

OR
3. If you have been earning the equivalent of £18,600 p.a in your current country of residence for the 6 months prior to submitting the visa application AND have a confirmed job offer in the UK to start within 3 months of arrival, you can enter together. (if approved).

[Wanderer]

The following assumes you meet the requirements as unmarried partners, as advised by CR001:

As you are living outside of the UK in order to meet the financial condition you can either:
1. Relocate to the UK ahead of your partner and as soon as you have 6 months of payslips & the corresponding bank statement showing pro rata earnings of £18.600 p.a your partner can then submit the settlement visa application

OR
2. Show £62,500 in savings held in an accessible account for a minimum of 6 months

OR
3. If you have been earning the equivalent of £18,600 p.a in your current country of residence for the 6 months prior to submitting the visa application AND have a confirmed job offer in the UK to start within 3 months of arrival, you can enter together. (if approved).

Didn't we highlight a catch 23 situation here on other similar scenario that the six month wait would invalidate the two year cohab period since it is deemed to be the last two years?

[Casa]

Ah! Wanderer. It slipped my mind that you have a degree in UPVs

I agree I missed that and it may be an issue. #catch22

IMHO If they've completed a 2 year qualification with the documented evidence to support it, the 6 month waiting period may be accepted.

[at22134]

Have you been living in a 'relationship akin to marriage' for a minimum of 2 years??? This is the most fundamental requirement for an unmarried partner visa on form VAF4A. First visa will be issued for 30 or 33 months. Shortly before this expires, she applies for an extension for a further 2.5 years on FLR(M). Yes, she would be allowed to work. Are you British born or a naturalised British citizen??

How can I prove that we have been living in a 'relationship akin to marriage' for a minimum of 2 years. What happens if I get married in Hong Kong before moving to UK, or even plan to get married in the UK? Are the two scenarios different?

Also, can the relationship date back from our time in Hong Kong, or it starts to count only when we are both in the UK?

I was not born in the UK, so I guess im a naturalised British citizen.

It is £18,600pa and for the first visa, it is only your income that can be taken into account. For extension, both incomes can be used. Or you can use savings to meet the financial requirement and would need a minimum of £62,500 held for at least 6 months in an accessible bank account.

Luckily, the finance side should not be a big problem.

No, she will apply for ILR (indefinite leave to remain). PR is the route under the EU directive which does not apply to you in this scenario. If an applicant meets all the requirements (financial, LIUK, English B1), then no reason ILR should be refused. If rejected, she will have to apply for an FLR(M) extension again. What do you mean by the '10 year route'??

I heard there is a 10 year living together route that is less demanding than the 5-year route.


Thanks for you detailed response. Greatly appreciated.

[Casa]

Whether you are married or applying as unmarried partners, the financial income rules remain the same.

Married couples only have to prove a genuine and subsisting relationship, not 2 years of co-habitation.

Proof of living in a relationship 'akin to marriage' which include examples for joint commitments during the full 2 year period such as joint finances, both names on a tenancy or mortgage, utility bills etc. The co-habitation doesn't have to be in the UK.

You've misunderstood the 10 year rule. This is for couples who are living in the UK and are unable to meet the rules for extending their spouse visa. It doesn't apply to your situation. (Apart from the fact that this can't be applied for from outside of the UK) if you read through the link below you will understand the complexity and how your partner won't qualify for a FLR(FP) application.

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

EDIT: Marrying in the UK would require entry on a fiance visa (meeting the same conditions as a spouse visa) and after the wedding (within 6 months) switching to a Spouse Settlement visa from within the UK on form FLR(M). It therefore requires 2 x visa applications with the relevant fees for each and your wife would be unable to work until the FLR(M) visa was granted.

[at22134]

So to sum it up:

1. First I need to live with my gf for a minimum of 2 year (can be in hk). During thsi time, I need to show that we have shared finances, mortgages, utility bills etc...

2. After 2 years, she can then apply for unmarried partner visa
https://www.gov.uk/government/uploads/s ... /VAF4A.pdf

3. Assuming the visa is successful, granting her access to UK for 30-33 months. Do we have to go to the UK straight away? Or can we stay in Hong Kong to continue our jobs? If we do have to go to UK, then is she allowed to work in the UK under this visa?

4. After the 30-33 months, can she can then apply for the FLR(M). https://www.gov.uk/government/uploads/s ... 1-2016.pdf

5. Assuming the FLR(M) is granted, do we both have to live in UK? At this stage, she is definitely allowed to work int he UK.

6. After 3 more years, she will be able to apply for indefinite leave to remain (ILR), and the chance of success is high given that she meets the requirements of (financial, LIUK, English B1).

7. If ILR is rejected, she will then need to repeat from FLR(M) again.

[Wanderer]

So to sum it up:

1. First I need to live with my gf for a minimum of 2 year (can be in hk). During thsi time, I need to show that we have shared finances, mortgages, utility bills etc...

2. After 2 years, she can then apply for unmarried partner visa
https://www.gov.uk/government/uploads/s ... /VAF4A.pdf

3. Assuming the visa is successful, granting her access to UK for 30-33 months. Do we have to go to the UK straight away? Or can we stay in Hong Kong to continue our jobs? If we do have to go to UK, then is she allowed to work in the UK under this visa?

4. After the 30-33 months, can she can then apply for the FLR(M). https://www.gov.uk/government/uploads/s ... 1-2016.pdf

5. Assuming the FLR(M) is granted, do we both have to live in UK? At this stage, she is definitely allowed to work int he UK.

6. After 3 more years, she will be able to apply for indefinite leave to remain (ILR), and the chance of success is high given that she meets the requirements of (financial, LIUK, English B1).

7. If ILR is rejected, she will then need to repeat from FLR(M) again.

1. Yes
2. Yes
3. Within 3 months, witness the 33 months grant not 30 months, yes she can work
4. Yes
5. Yes, yes
6. Yes
7. No, most likely another 2.5 year FLR(M) if say for example she hasn't passed Life in UK test, usually if nothing extreme, ILR is a given.
8. There is no eighth thing

[at22134]

1. Yes
2. Yes
3. Within 3 months, witness the 33 months grant not 30 months, yes she can work
4. Yes
5. Yes, yes
6. Yes
7. No, most likely another 2.5 year FLR(M) if say for example she hasn't passed Life in UK test, usually if nothing extreme, ILR is a given.
8. There is no eighth thing

8. If we marry in Hong Kong in advance, then we can start from step 3?

[Casa]

1. Yes
2. Yes
3. Within 3 months, witness the 33 months grant not 30 months, yes she can work
4. Yes
5. Yes, yes
6. Yes
7. No, most likely another 2.5 year FLR(M) if say for example she hasn't passed Life in UK test, usually if nothing extreme, ILR is a given.
8. There is no eighth thing

8. If we marry in Hong Kong in advance, then we can start from step 3?

Yes but Step 3 now requires the spouse to enter the UK within 30 days of the visa issue date in order to activate & collect the BRP (from a designated Post Office).