Switching to another visa category

[LucyW]

Hi

I'm in the UK on a student visa that is valid until 2020. I would like to switch to an unmarried partner visa as there are less restrictions.

I have a partner that I have been with for almost 10 years and we fulfil the other criteria for a partner visa so I believe I stand a good chance of my application being approved. I don't want to take any unnecessary risks however so was wondering, in the event that my application was denied for whatever reason, what would my default position be? Would my student visa be cancelled or would it still be valid? Would I need to reapply as a student?

[CR001]

Would my student visa be cancelled or would it still be valid?

No it won't be cancelled unless you are in breach of the rules.

I would like to switch to an unmarried partner visa

Do you have rock solid evidence for 2 years proving you have lived together in a 'relationship akin to marriage'??

Does your partner meet the minimum financial requirement of £18,600pa with at least 6 months evidence to prove it?

[LucyW]

Thanks CR001

Yes and yes to both of your questions with regards to eligibility for the unmarried partner visa. We have been living together for just over 2 years and he is employed earning over £18600 and has been for over 6 months. From reading about other people's experiences though it seems that they are very strict with the unmarried partner visa which is why I thought to submit a question here.

[CR001]

They are very strict. The 2 years cohabitation evidence and requirement has no discretion at all. Neither does the financial requirement.

[LucyW]

I'm planning on having a lawyer look over my paper work before submission, just to be sure.

[CR001]

Your choice but it will only leave you poorer and even lawyers often get the most basic applications horribly wrong.

Free advice on the forum though.

The FLR(M) form states very clearly (page 60 onwards) what evidence HO expect to see.

[LucyW]

Your choice but it will only leave you poorer and even lawyers often get the most basic applications horribly wrong.

Free advice on the forum though.

The FLR(M) form states very clearly (page 60 onwards) what evidence HO expect to see.

Hi CROO1

I decided to follow your advise and try to put the application together myself but I need some advice.

We have no problem with the financial requirements but as I said, I'm a student and we live in a student flat so bills are included in the rent and we didn't sign a tenants agreement. We have been here for 2 and a half years now.

I can get a letter from an administrator at the dorm with dates we arrived, our address and when we are due to leave. I could also get a letter from our local GP stating when we registered with the GP and at which addresses. We've also got a series of NHS letters over the 2 year period, a letter from the drivers license agency with our shared address (although this is not dated), a P60 form from my partners employer (I think we may have to get this stamped) and a couple of letters from lawyers etc.

Would these suffice, along with an explanation that we don't pay bills and don't have a tenant agreement but a residential contract instead??

[Casa]

The Case Worker will want to see documented evidence of joint finances/shared responsibilities and any other proof that you aren't simply room mates.

[LucyW]

The Case Worker will want to see documented evidence of joint finances/shared responsibilities and any other proof that you aren't simply room mates.

Thanks Casa

I will include details of our joint bank account, evidence of shared holidays/trips, meeting each others parents and other evidence that we aren't just 'room mates'.

One question about the application that I have though is, with regards to the personal history section. I've never been convicted of a crime or anything but once on holiday in South Africa I got a speeding ticket. I didn't have to go to court or anything and just paid a fine (about £70). Does this count as having been "subject to, or received, any penalty in relation to a criminal offence; for example caution, reprimand, warning or similar"? Is it something I should declare or does this not count as a 'criminal offence'?

Thanks in advance for your help.

[CR001]

What else do you have proving you live together beside tenancy and bank statements, either in joint names or individual names? Vacation evidence and meeting parents is not sufficient.

No to the speeding fine question.

[LucyW]

What else do you have proving you live together beside tenancy and bank statements, either in joint names or individual names? Vacation evidence and meeting parents is not sufficient.

No to the speeding fine question.

Let me list it all here (These are all letters sent to our shared address):

ME:
A letter from the Home Office (My name)
4 bank transfer letters or my own account
2 Council Poll cards (One for the GE and the other for the referendum)
2 NHS Appointment letters

PARTNER:
UK Drivers License renewal letter
3 NHS letters (2 appointment letters, one hospital discharge letter)
2 bank statements
TV license renewal letter.
1 letter from legal firm (work related pension)

Aside from these letters showing cohabitation, I don't know how to show a relationship "akin to marriage".