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Unmarried partner - Family Visa

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

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Embem
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Unmarried partner - Family Visa

Post by Embem » Tue Jul 11, 2017 2:42 pm

Hey all, I have a question related to this... My partner (male british citizen) and I (female American) have been living together for 2 years come August (I moved in with him then. I'm currently on a Tier 2 work visa). However, we've only been on the same lease since December 2015.

Do you think we'd pass the 2 year living 'requirement' if his landlord wrote a letter along with the lease that my partner signed?

Do we have other options (like EEA visas) instead of the usual UK Family visa?

Thanks!

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Casa
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Re: Unmarried partner - Family Visa

Post by Casa » Tue Jul 11, 2017 2:48 pm

Embem wrote:Hey all, I have a question related to this... My partner (male british citizen) and I (female American) have been living together for 2 years come August (I moved in with him then. I'm currently on a Tier 2 work visa). However, we've only been on the same lease since December 2015.

Do you think we'd pass the 2 year living 'requirement' if his landlord wrote a letter along with the lease that my partner signed? You will need more documented evidence of a relationship 'akin to marriage' than a letter from the landlord/tenancy agreement. The Case Worker will need to be convinced that you aren't simply house mates and will want to see proof of shared finances, bills etc.

Do we have other options (like EEA visas) instead of the usual UK Family visa? No, as your partner is only considered for immigration purposes to be British, which means you can only apply under the UK Immigration Rules.

Thanks!
When will your Tier 2 visa expire? Are you aware that switching to FLR(M) will re-set your immigration clock to zero, putting you on a new 5 year (2.5 + 2.5) path to settlement (ILR), unless you qualify for 10 years long residence before then.
(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.

Embem
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Re: Unmarried partner - Family Visa

Post by Embem » Tue Jul 11, 2017 3:18 pm

Thanks Casa,

My current Tier 2 visa expires in Feb 2019. I'm actually going to apply for another Tier 2 visa with a different company but they're taking a long time just becoming a sponsor and with the family visa I'd be able to change my job if I wish (aka a bit more freedom). So, I figured that since I'd be paying for another visa anyways I might as well go for a visa which will give me more freedom in job opportunities. My problem is that I'd like to apply for a visa before December (when we'd reach the two year mark in our current flat) so I can start this new job.

We currently share a lease on a one bedroom flat which started December 2015, we also share insurance on our car and I'm on his phone contract. The gas/electric/water is all under my partner's name and I just have a direct debit into his account every month.

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Casa
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Re: Unmarried partner - Family Visa

Post by Casa » Tue Jul 11, 2017 4:08 pm

Submit all the evidence you can find.
(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.

Embem
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Re: Unmarried partner - Family Visa

Post by Embem » Tue Jul 11, 2017 4:18 pm

Casa,

Do you think that my application has a chance if I apply in August? My concern is that our current lease with both our names on it doesn't cover the full 2 years required and I'll be using a letter + a lease with my partner's name on it to make up for the extra 4 months. (This is obviously in addition to the other evidence, photographs, flights to meet my parents, etc).

Thanks for the help.

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Casa
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Re: Unmarried partner - Family Visa

Post by Casa » Tue Jul 11, 2017 4:20 pm

Do you have anything in your name at this address during the period when you weren't included on the lease?
(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.

Embem
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Re: Unmarried partner - Family Visa

Post by Embem » Tue Jul 11, 2017 4:25 pm

Casa wrote:Do you have anything in your name at this address during the period when you weren't included on the lease?
I believe I do. I know I received some letters from the NHS. I'm going to have to go through my papers (I'm currently at work!). So, in addition to the lease+letter I need to prove that I actually lived there through letters.

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Casa
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Re: Unmarried partner - Family Visa

Post by Casa » Tue Jul 11, 2017 4:34 pm

Embem wrote:
Casa wrote:Do you have anything in your name at this address during the period when you weren't included on the lease?
I believe I do. I know I received some letters from the NHS. I'm going to have to go through my papers (I'm currently at work!). So, in addition to the lease+letter I need to prove that I actually lived there through letters.
Yes, or anything with your name, date and address. The issue with photographs & flight tickets (although you should include them), they help to prove you are a genuine couple but you need to convince the Case Worker that this is 'akin to marriage' not simply boyfriend/girlfriend.
(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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