Unmarried partner of person under 10 year ILR

[acwj87]

Hi there,

I recently got my ILR based on 10 year Long Residence in the UK.

I am looking to get my partner (unmarried) to be tagged on as my dependent, giving her the option for other jobs without needing sponsorship.

I have been browsing the forum for a couple days now, but most queries are either spousal queries, or unmarried partners on the back of a 5 year ILR route.

What is the best way for me to go about doing this in my situation? From what I understand:

1. SET(M). Apparently this is only as the partner of a person present and settled in the UK under the 2-year route and 5-year route. It does not specify anything about the 10 year route.
https://assets.publishing.service.gov.u ... 8-2017.pdf

2. FLR(M). Based on the Marriage to a settled person, under the Appendix FM. It is used for spouses and partners of British citizens and settled persons but it has to be an application within the Rules. All the requirements must be met, including the Financial Requirement, status in the UK etc. The outcome is a visa for 2.5 years in the so called “5 year Partner route”, meaning it would take 5 years to qualify for Indefinite Leave (permanent residency).

3. FLR (FP). As above, but without the financial requirement, etc. It would take 10 years to qualify for ILR.

We have been living together for 3 years, and she is currently able to prove that her salary is above the required threshold.

Any clue?

Thanks!

[vinny]

2. FLR(M) also applies to an unmarried partner who have been living together, akin to marriage, for at least two years, and satisfies the fiancial requirements, etc.

[acwj87]

Thanks vinny.

Does that mean that FLR(M) is the preferred option?

[acwj87]

https://assets.publishing.service.gov.u ... y_2018.pdf

For which applications must you use form FLR(M)?

Form FLR(M) must be used if you are applying for leave to remain in one of the following
categories:
• Family life as the partner of a person present and settled in the UK (2 year route)
• Family life as the partner or a person present and settled in the UK (5 year route)
• Family life as the partner or a person in the UK with refugee leave or humanitarian protection
(5 year route)
• Family life as the dependent child of a person who has, or is at the same time applying for,
limited leave as the partner of a person present and settled in the UK (other than under the
points based system or UK Ancestry) or the partner of a person in the UK with refugee leave
or humanitarian protection (2 or 5 year routes)

You and any children under 18 making an application must be in the UK to apply. Anyone applying
for an extension of stay in the above-mentioned categories must apply - also on form FLR(M) - for a
biometric immigration document, otherwise known as a Biometric Residence Permit (BRP).

You must not use this form to make an application for an extension of stay in the following
categories:
• As the partner or dependent child of a serving member of HM Armed Forces under
Appendix Armed Forces to the Immigration Rules. You must complete form FLR(AF).
• On the 10-year partner or dependent child routes under Appendix FM to the Immigration
Rules. You must complete form FLR(FP).

***

It states family life as the partner or a person present and settled in the UK (5 year route), rather than 10 year route. Unless the 5year/10year refers to the applicant, rather than the main "sponsor"?

[CR001]

For which applications must you use form FLR(M)?

You can use FLR(M) for an unmarried partner visa as vinny has already advised. It will be 2 x 2.5 year visas on FLR(M) before your partner can apply for ILR.

It states family life as the partner or a person present and settled in the UK (5 year route), rather than 10 year route. Unless the 5year/10year refers to the applicant, rather than the main "sponsor"?

The 5/10 year route is referring to the APPLICANT and NOT the sponsor!!

[acwj87]

Thanks!

As such, I would take your advise on going down the FLR(M) route.

Just a quick follow up question - what's the difference between the two below and how would my partner qualify for the former?

• Family life as the partner of a person present and settled in the UK (2 year route)
• Family life as the partner or a person present and settled in the UK (5 year route)

[CR001]

Just a quick follow up question - what's the difference between the two below and how would my partner qualify for the former?

• Family life as the partner of a person present and settled in the UK (2 year route)
• Family life as the partner or a person present and settled in the UK (5 year route)

There is ONLY a 5 year route now, 2 x 2.5 year visas. The 2 year route for new applications ended on 8th July 2012, so you partner cannot choose or qualify for it anymore.

The 2 year route is only relevant to applicants who applied and had or hold this category of visa prior to 9th July 2012 and no matter how many times they extend, they will always fall under the more lenient rules in place before that date, i.e. no financial requirement etc.