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Does a visitors visa count towards unmarried spouse proof?

Family member & Ancestry immigration; don't post other immigration categories, please!
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Jjarvis
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Joined: Thu Jul 27, 2017 7:36 pm

Does a visitors visa count towards unmarried spouse proof?

Post by Jjarvis » Fri Jul 28, 2017 5:39 pm

Hi,

I am Australian however I have been living and working the UK since August 2015 on a Youth Mobility Visa which expires this August. I am flying back to Australia next week so I don't overstay my visit but I wish to return to the UK as I now have a boyfriend here. We have been living together since the end of April 2016 and are wanting to apply for the Unmarried Partner Visa once we have 2 years of proof. I am wondering if I were to get a visitor visa (I know that can be quite hard as I've lived here for a long period of time) if that would count towards the 2 years?

Any information would be appreciated,
Thanks.

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Casa
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Joined: Wed Jul 23, 2008 3:32 pm
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Re: Does a visitors visa count towards unmarried spouse proo

Post by Casa » Fri Jul 28, 2017 6:48 pm

No, as if you use your time in the UK to clock up months to qualify as an unmarried partner you wouldn't have entered as a genuine visitor.

Also bear in mind that although you are able to enter as a non-visa national you will still be expected to provide the same evidence of strong ties to your home country when arriving at UK Border Control to convince the IO that you aren't intending to settle here. This may be a challenge if you have a boyfriend living in the UK. Even more so having spent 2 years on a Tier 5 visa :idea:
(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.

Sudanim
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Joined: Mon Jul 24, 2017 10:57 pm

Re: Does a visitors visa count towards unmarried spouse proo

Post by Sudanim » Tue Aug 01, 2017 12:19 am

You're not the first on a T5 YM visa coming to the end of their visas with boyfriend in the UK and trying to find a way not to separate.

Best option:
If you want to settle in the UK with said boyfriend, return home as required/planned (as you cannot switch from T5 visa in UK) and apply for a visa on another route (e.g. ancestry, Tier 2 sponsored work visa etc).

Worst option:
Leaving before the expiry of the visa and seeking re-entry as a visitor shortly thereafter. Looks rather like you don't want to pick up your life back in Australia. Your chances of being refused entry would be rather high. The 2 years on a T5 YM is supposed to be for work and leisure, so there's no good reason for a former visa holder to return so soon for a 'visit'.

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