Unmarried partner visa or extension to stay?

[azcat]

I am Australian and am here in the UK with my British partner. We have a baby who was born in October (2010). We were living abroad prior to returning here and hadn't planned on staying in the UK but my partner was offered a job so we have decided that we will be here permanently. I am curently on a 6 month Tourist Visa.

I would like to apply for an unmarried partner visa but have been told that it can take up to 3 months and I must apply from abroad. Do I have to apply in Australia or is anywhere outside the UK ok? Can I still apply if my partner is here (I read something about submitting his passport along with mine with the application form). To go back to Australia on my own with our baby for 3 months is really not an option.

Alternatively could I apply for an extension to stay? If so, how long is one permitted to stay?

The third option is to get married - definitely not the way I would like to go. I'm not sure how much easier life would be if we went down this route. It sounds like I still can't switch to a Spouse Visa from a Tourist Visa.

Any advice would be greatly appreciated!

[MPH80]

You can't switch in country generally. You'd have to have a superb reason (e.g. I can't travel due to medical condition) ... baby probably isn't one of them.

Have you checked you meet the criteria of the unmarried partner visa? You need to have been living together for 2 years with documentary proof of that (bills/tenancy agreements etc).

You can apply for an extension to a tourist visa - but again - it requires very good reasons (I don't want to leave my partner isn't one of them).

Oh - and you're right - you can't do a switch to spouse either in country - but spouse is generally easier to get than unmarried partner. HOWEVER, in order to marry - you will need to apply for a certificate of approval (due to be abolished - no firm timescale on this). This will also tie up your passport for however long is necessary and does not, in any way, confer a right to remain.

On the passport - the answer is to get a certified copy of his passport which can be done at the post office if needed.

On where you need to apply - you should apply from where you are 'ordinarily resident' - in your case - Australia. You can apply from other locations - but you risk hitting other visa problems if there is a delay (for example).

[azcat]

Thank you for replying.

Prior to living here my partner and I were both abroad where we met. Our respective employers paid for our accommodation. I eventually moved into my partner's place but his employer paid for it and also all the bills - thus nothing was in either of our names. So, proving we lived together is difficult. Will a baby help prove that is a committed relationship for an unmarried partner visa or is the 'living together' the most important thing? I can prove the length of the relationship with airline tickets etc but is that enough?

If we did go down the marriage route (as a very last resort) do we get married here and then have to go abroad to apply for a spouse visa? What are the approximate waiting times for a visa?

[MPH80]

You must be able to show that you've been living together in a relationship akin to marriage for 2 years - and in the eyes of UKBA that means showing cohabitation.

A baby doesn't (sadly) mean much in this day and age - although it does contribute to the formula.

It really isn't about the length of time you've been as a couple - it's about the length of time you've lived together - so airline tickets just show yourselves as a couple.

http://www.ukba.homeoffice.gov.uk/partn ... xpartners/

Have a look at Annex Z in the guidance:

http://ukba.homeoffice.gov.uk/siteconte ... schapter8/

Marriage can take place any where you want it to (keep in mind the COA as I mentioned) ... and yes - you'll need to apply for the spouse visa from abroad.

http://ukba.homeoffice.gov.uk/partnersa ... lpartners/

Waiting times can be found on the UKBA website as they differ by consulate.

http://www.ukvisas.gov.uk/en/howtoapply/processingtimes

[azcat]

With regard to applying for an extension to my tourist visa - is the fact that we have a baby a good enough reason? My partner has to work and it's not practical for me to be in Australia alone with a 5 month old baby. Also, what kind of extension can be granted?

It seems that everything is very difficult without proof of 2 years cohabitation. I really thought that once we had a baby it would be easier to prove the validity of the relationship. I guess others who have lived an expat existence have similar problems as it is difficlut to prove anything without bills or a lease.

Thank you again

[MPH80]

With regard to applying for an extension to my tourist visa - is the fact that we have a baby a good enough reason? My partner has to work and it's not practical for me to be in Australia alone with a 5 month old baby. Also, what kind of extension can be granted?

I think I'd ask (if I was an ECO) why isn't it practical? Plenty of single parents out there ...

At most - you could get a further 6 month tourist extension.

I think it's unlikely it'd succeed.

M.

[azcat]

I say the Australia option is impractical due to the high financial cost of paying for long term accommodation there in addition to covering the mortgage here. Staying with family isn't an option. It's also far from ideal having a situation where my partner misses out on important time with his son.

Thank you again. The more I look at this the more it seems that the marriage option is the only real viable one which is a shame. I have an idea of how I would like to be married and a rushed registry office one isn't remotely close.

A question on that. If I was to get a fiance visa (for 750 pounds) do I then pay another 750 when I want to switch to a spouse visa?

[Greenie]

If you get married you still have to leave the country to apply for the spouse visa - are you aware of this?

[azcat]

Yes, I am aware of that. I was just wondering if the 750 fee had to be paid twice. The only reason for applying for the fiance visa first would be to buy some time to organise a proper wedding where people from both countries could actually be present. I realise I need to leave first for the fiance visa, and then again for the spouse visa.

I really didn't think it would be this difficult. Stupidly I thought that once we had a baby it would simplify things.

[Greenie]

You don't have to leave again to apply for the spouse visa if you come here on a fiance visa. Once you are married you can apply for further leave to remain on form FLR(M)

You will have to pay

£750 for the fiance entry clearance/visa
£500 to apply by post in country for further leave to remain a spouse
£900 to apply for settlement after you have completed two years under the spouse category.

These are the current application fees and are subject to change.

[azcat]

Thank you again!

From what I have read the fiance visa is easier to obtain than either the unmarried partner or spouse visa? I get the impression that living together for 2 years is not a requirement? Would this be the easiest route?

[Greenie]

On the unmarried partner front though, whilst I don't want to complicate matters further....

I appreciate what you are saying above regarding the lack of bills etc in your name, but nothwithstanding that, how long were you actually living together for?

How long have you been in a relationship akin to marriage with your partner for?

The generally accepted consensus is that both the relationship and the living together must have been in existence for 2 years
I am aware of recent cases where judges have found that it is the relationship and not the cohabitation which needs to have existed for 2 years or more,

"the parties have been living together in a relationship akin to marriage which has subsisted for two years or more"

The wording is ambiguous and open to interpretation.

However it would be very diffiult to prove a relationship akin to marriage had existed for more than two years without showing evidence of cohabitation. If you were actually living together for 2 years but just dont have the evidence in the way of bills, is there anything else you can provide to show this?

I think in your case if you want to avoid being stuck in Australia then unfortunately the fiance/marriage visa or just the straightforward marriage visa option is the best to take.

If you were able to make the application from within the UK then I'm be more inclined to take a punt at the unmarried partner application but personally I don't think it's worth the risk from outside.

[Greenie]

Thank you again!

From what I have read the fiance visa is easier to obtain than either the unmarried partner or spouse visa? I get the impression that living together for 2 years is not a requirement? Would this be the easiest route?

living together for 2 years is not a requirement for the fiance route or the 'probationary spouse' visa route.

I wouldnt say the fiance route is easier to obtain than the spouse route though. It means more hoops to jump through and more expense for you. It also means you can't work whilst you are here on the fiance visa. But at least you get to invite people to the wedding and it gives you more time to prepare. that's the only advantage I see.

[azcat]

In response to Greenie:

The period of time living together is a little blurred unfortunately. Initially we both had separate apartments provided by our repective employers. We lived between both depending on what we were doing (one city based, and one further out of town). Due to the fact that we were both employed as singles we couldn't ask our employers to provide an apartment for a couple. My employer made it very clear that I was employed as a single and therefore unless we were married my partner wasn't entitled to anything. His employer was the same. Last January however, my partner was forced to move from his apartment and managed to find a larger apartment suitable for both of us. I gave up my apartment at this point but as far as his employer was concerned I was never officially living with him.

I have holiday bookings dating back to 2008 - which obviously prove the relationship existed but in terms of 'akin to marriage' I guess it proves nothing. (We have had numerous trips abroad together which we can show proof of)

Since returning to the UK we have bought a house. I have contributed a considerable sum to the deposit which can be verified through bank statements. Once again though it does nothing to prove the past, although that combined with the fact we now have a child obviously proves we have every intention of staying together.

[Casa]

You'll need to prepare yourself for the fact that both fiance and spouse applications submitted in Australia take 12 weeks to process on average.

[azcat]

Is it worth paying a visa service to help with the application? I have been told it would cost close to 1000 pounds and the application would be for an unmarried settlement visa that I wouldn't have to leave the country for?

[Greenie]

there is no category under the immigration rules that allows you to switch to an unmarried partner from a visitor visa within the UK, and given the issues already discussed, it would be difficult for you to show that you qualify for the unmarried partner visa (certainly at initial decision stage anyway), so I would seriously doubt the veracity of any claims otherwise by any 'visa service' and would say that you'd be wasting your money

You can argue in country for discretionary leave but I think given your circumstances it would be difficult for you to get this and it would take months or even years to get, by which time, if you went down the route of applying from AUstralia you would already have ILR. You have to complete 6 years of Discretionary Leave (that is, if they give it to you in the first place) in order for qualify for ILR, whereas, if you go down the route suggested you would have to complete 2 years as a spouse before you qualify for ILR.

Does the £1000 include the application fee to the UKBA?

[Casa]

I totally agree with Greenie.

[wf]

How old are you? Have you had a Working Holiday Visa or Tier 5 visa before?

If not and you are under 31, that would be a good option to buy some time, and build up to 2 years of living together.

Like all other visa routes suggested, it requires you to return to Australia to apply, however is quite straightforward and processing time should be minimal.

Also once here on it(Tier 5) you can switch to unmarried partner when you become elgible.

[azcat]

Thanks Greenie for the advice regarding the 'visa service'. I was told I'd still have to pay £750 for the visa in addition to the £1000. The company is a large one which makes it all look legitimate. The representative I spoke to however was putting on the hard sell - so much so that I had to doubt her motives. She said it was a difficult case but possible - sounds like I'd lose a lot of money.

wf - unfortunately I am over 31 and have also used my working visa about 10 years ago.

[Greenie]

How old are you? Have you had a Working Holiday Visa or Tier 5 visa before?

If not and you are under 31, that would be a good option to buy some time, and build up to 2 years of living together.

Like all other visa routes suggested, it requires you to return to Australia to apply, however is quite straightforward and processing time should be minimal.

Also once here on it(Tier 5) you can switch to unmarried partner when you become elgible.

you can't apply for tier 5 (youth mobility scheme) if you have dependent children.

[azcat]

I spoke to the visa company again - the woman I spoke to seems to think that I could get a discretionary visa (unmarried partner) that could be obtained without leaving the country. The organisation looks very professional etc but I am still doubtful. Do such things as discretionary visa exist.

I have also been told that I can post my passport back to Australia rather than physically being there for up to 3 months. Is this possible? Sounds too good to be true.

[Casa]

You need to be physically in the Country (Australia in your case) to submit the application. You can't send your passport out there for the visa to be processed.
DL is lengthy...can take several years with no guarantee of success. This is apart from the fact that it appears you don't have sufficient proof of joint address to submit even a straightforward application for an Unmarried Partner Visa.

[Greenie]

I spoke to the visa company again - the woman I spoke to seems to think that I could get a discretionary visa (unmarried partner) that could be obtained without leaving the country. The organisation looks very professional etc but I am still doubtful. Do such things as discretionary visa exist.

I have also been told that I can post my passport back to Australia rather than physically being there for up to 3 months. Is this possible? Sounds too good to be true.

I would be interested in knowing who this visa company is who is advising you to post your passport overseas to apply for a visa when you will not be there. This is unlawful. I also don't see how it can be possible becuase you would not be available to give your biometrics. An entry clearance is not valid until you have used it to enter the UK.

Don't be fooled by the fact that they look like a large company and look professional. What they are advising you is utter rubbish. I really would not listen to anything further this company has to say and would seriously consider maknig a complaint about them to the OISC (presuming they are not a firm of solicitors)

As explained above, discretionary leave is possible but in your case I think it would be difficult for you to get this. It takes a long time to be considered, and if successful, it would take you 6 years as opposed to 2 years to be entitled to settlement.

I know it is difficult but unfortunately this is the reality of your situation.

[wf]

you can't apply for tier 5 (youth mobility scheme) if you have dependent children.

Good point, I missed that, and as she has stated she is ineligible for other reasons too.