Unmarried Partner Visa

[Birdie87]

Hi Everyone,

Hoping someone may have had a similar experience to me, and able to share. My situation is that I am currently on a Tier 5 Visa, and my partner holds a British Passport. My current Tier 5 expires on 16th October of this year (2017)

I moved to the UK on November 2nd 2015, and he came on the 26th November 2015. We were not living together in Australia prior to this, however can evidence that we were in a relationship since July 2015. We can also evidence that we were discussing living together since September 2015.

Our first joint bank statement with our address starts from 28th November, 2015 and has continued until now. All utility bills, tenancy agreements are in both names. We are both in employment earning over £18,600

I have spoken to several Lawyers, who have advised that as we will be approximately 9 weeks shorts of being able to evidence we have lived together akin to marriage for 2 or more years at the time I need to apply for the unmarried partner visa, it is unlikely the home office will accept the application.

We have signed documents from Friends, Family, Work, photos, messages, joint letters, wedding invites, P11, P60's, pay slips, bank statements etc.

Can anyone provide advice on if they have gone through this, and got approved despite being slightly short?

[CR001]

Unmarried partner visa is heavily scrutinised and the requirement for rock solid evidence of living in a relationship akin to marriage is non negotiable.

Proof of being boyfriend/girlfriend prior to living together unfortunately is not sufficient.

[Birdie87]

thanks for the reply. We can evidence living together for 1 year, 10 months - so just short of the 2 years. I spoke with a Lawyer this afternoon who said they would be able to use Case Law to get my application accepted, as we can evidence our intent to live together for 2 years? Anyone know of any case law accepting people with less than 2 years?

[CR001]

Nope, not heard of it. The immigration rules are very clear about the 24 month requirement.

[wellsfargo]

I think I am in a similar situation.

We currently have 1 year and 10 months of documentation for the address of our current home, which we moved into in October 2015. But for the 4 months prior (from June 2015 to beginning of October 2015), we were living in AirBnB/short-let accommodations while we were waiting for the transaction for the flat that we are currently living in to complete. For those 4 months, would a letter from the landlord who provided the temporary accommodations and perhaps a few receipts or documents (e.g. from takeaway orders, Uber rides, and letters regarding the home purchase) with the addresses of the temporary accommodations we stayed at be sufficient as evidence that we were living together as partners? Would like to know when would be the earliest I can apply so that I can establish a suitable start date for a new job that I am due to start at.

Thanks!

[Wanderer]

We got a UPV back in 2008, and asking around here and everywhere then the consensus is that there is no leeway or discretion at all re: this visa. And rules are much tougher now.

We got ours, but it was 100% clear from the evidence we provided what we lived together at the same house, shared bills, joint bank etc, no doubt at all.

I'd wait until you have that.

[wellsfargo]

I see, thought that a letter from the landlord would be sufficient for confirming that we were living in temporary/short-let accommodations for prior to us moving into our current and permanent home in October 2015 based on the following paragraph in the guidance notes:

If you and your partner lived with relatives or friends for some or all of the 2-year period, please
provide a letter from the relative(s) and/or friend(s) confirming this.

If the letter from the landlord would not be sufficient to cover a period of 8 weeks while we were living in temporary accommodations (assuming I submit the application in mid-August), then I take it that it makes the most sense to submit an application at a later time. If someone could weigh in on whether the letter from the landlord would put me in a position to apply as early as August, that would be very helpful.

[Wanderer]

I see, thought that a letter from the landlord would be sufficient for confirming that we were living in temporary/short-let accommodations for prior to us moving into our current and permanent home in October 2015 based on the following paragraph in the guidance notes:

If you and your partner lived with relatives or friends for some or all of the 2-year period, please
provide a letter from the relative(s) and/or friend(s) confirming this.

If the letter from the landlord would not be sufficient to cover a period of 8 weeks while we were living in temporary accommodations (assuming I submit the application in mid-August), then I take it that it makes the most sense to submit an application at a later time. If someone could weigh in on whether the letter from the landlord would put me in a position to apply as early as August, that would be very helpful.

They are looking to a legal document of proof, or stuff with statutory provenance like banks, HMRC, utility folks.

Letters from random people can be knocked up by anyone without real come-back, hence the requirement for official proofs, stuff that is traceable and stuff that would mean a prison sentence if forged.

This visa itself is based on an ad-hoc arrangement, without any perceived legal commitment, so the next best thing for UKVI to do is insist on solid water-tight evidence in lieu - which is fair enough.