Tier 2 - Unmarried Partner Dependent Visa (Gaps in 2 year period, proof of accom)

[JI92]

Hi all,

I am living and working in the UK on a Tier 2 (General) Visa. My partner is living and working here on a Tier 5 (YMS) Visa. We are about to apply for him to join me on my Tier 2 Visa as my dependent (we are unmarried partners).

We have evidence of our living together in Australia for a period of 5 months, followed by a period of separation for 3 months (while I went travelling with friends, and he continued working in Australia, though our relationship continued during the time). We then both arrived in the UK at the same time, and we have evidence of living together for the past 22 months in the UK.

So whilst we meet the requirement for '2 years co-habitation' (being 5 months in Australia + 22 months in the UK), I am worried that the 3 month break may count against us.

I understand the UK Government's guidance for unmarried partners says:

"Periods apart for up to six months would be acceptable for good reasons, such as work commitments, or looking after a relative as long as:
- it was not possible for the other partner to accompany; AND
- the applicant can show evidence that the relationship continued throughout that period, for example, by visits, letters, logged phone calls."

https://www.gov.uk/government/publicati ... ners-set05

We have plenty of evidence to demonstrate our relationship continued throughout the three month period where I was travelling (phone calls, chat logs, emails etc), but we are not sure how to demonstrate that it was 'not possible for the other partner to accompany' given the circumstances.

Has anyone had a similar situation? If so, how did you demonstrate it wasn't possible for the partner to accompany you while travelling? Is this likely to be given a lot of scrutiny by HO?

Also, I understand there is a requirement to demonstrate 'proof of accommodation' for the dependent if the visa is granted. Our current tenancy agreement expires shortly (i.e. about a month after we intend to applying for the dependent visa). How long do you need to provide proof of accommodation for?

Thanks in advance.