Family Visa

[tinminer]

I'm seeking clarification on how to apply for a UK Family Visa. I'm a UK citizen, my partner is Argentinian and in the UK on a Tier 5 Work Visa (which will hopefully be extended). As I understand it he cannot apply for a Family Visa whilst in the UK but, when he is back in Argentina, he is not there long enough to apply for a Family Visa. We seem to be in a "Catch 22" situation. Your comments will be welcome.

[Casa]

Unless you have been living together in a relationship 'akin to marriage' with the documented evidence to support this, your partner won't qualify for an Unmarried Partner visa, either from within the UK or in their home country.

If you marry in the UK your spouse will be able to switch to FLR(M) without having to leave. That's assuming that you are able to meet all the requirements, including the minimum income level of £18,600 p.a

[tinminer]

My Argentinian partner is staying with me in the UK as a visitor - having previously been working here on a Tier 5 Visa (sporting) over the last few years. We wish to apply for a family visa but note that this cannot be done whilst here's here on the visitor visa. If he can't apply whilst in the UK can he apply when he's in Spain? I'm hoping that he doesn't have to apply from Argentina as he has no plans to return there in the foreseeable future.

[CR001]

He must apply in a country where he has legal residence, i.e is NOT a visitor.

Does he have the right to reside in Spain as a resident, i.e. not a visitor??

[tinminer]

He was a visitor in Spain too. Are there any other options at all?

[tinminer]

Should his Tier 5 visa be renewed to work in the UK will that make any difference?

[CR001]

He can apply in the UK for a family visa if he holds a Tier 5 but he does not according to your post of today as you state he is in the UK as a visitor.

He cannot 'renew' a Tier 5 in the UK either if he is here as on a visitor visa.

When did his Tier 5 visa expire?

Did you not see the response to your question by Casa in August last year about switching within the UK from Tier 5 to family visa?

Unless you have been living together in a relationship 'akin to marriage' with the documented evidence to support this, your partner won't qualify for an Unmarried Partner visa, either from within the UK or in their home country.

If you marry in the UK your spouse will be able to switch to FLR(M) without having to leave. That's assuming that you are able to meet all the requirements, including the minimum income level of £18,600 p.a

[tinminer]

His Tier 5 expired October last year. Previously he was granted the Tier 5 for four years - working for eleven months then returning to Argentina. Due to the clamping down of such visas (he works in Polo) his last visa was for only three months. Like so many things his plans have been turned upside down following the Brexit vote.

Even if he gets a new Tier 5 visa we have the problem that he lives on-site at the Polo club so we will be unable to demonstrate that we live together as a couple.

Nothing is unsurmountable - we'll get there in the end!

Thank you for your advice - it's most appreciated.

[CR001]

You won't meet the unmarried partner visa mandatory requirements them.

He cannot apply for any other visa while in the UK as a visitor.

The only options are :

1. Apply for a fiance visa from his home country, visa cost is currently £1,464 (goes up in April). Valid for 6 months and marry in the UK. You need to meet the income requirement and he needs English A1. Once married, submit an application within the UK for a spouse visa before the fiance visa expires. Current cost within the UK is £993 postal PLUS £500 IHS fee.

2. Marry abroad. Apply from his home country for a spouse visa meeting the same requirements of income and English. Visa cost, as above.