# Youth Mobilty Scheme to Unmarried partner visa



## crusie (Jun 17, 2010)

hi,

just wondering if anyone has transferred from a YMS to a UPV while still in th UK or if anyone knows if it is even possible?

cheers


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## Joppa (Sep 7, 2009)

crusie said:


> hi,
> 
> just wondering if anyone has transferred from a YMS to a UPV while still in th UK or if anyone knows if it is even possible?
> 
> cheers


It is possible, provided you meet all the conditions for UPV. The sticking point is you must have proofs for 2-years of cohabitation (anywhere in the world). If you haven't lived together for the minimum length of time, you don't qualify (no leeway given).
Getting married doesn't have minimum cohabitation rule (some couples don't live together till marriage!), but you need proof that your (intended) marriage is genuine, and you have deepening relationship over good length of time. If you only met a month ago and now intend to get married, Home Office is unlikely to be satisfied. 
For either visa, you both need to be 21 or over.


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## crusie (Jun 17, 2010)

oh fantastic thank you...

my youth mobility visa expires next february when would be a good time to apply? would i be able to apply now? we have been together over 2 years already and should be able to get enough to prove it the only problem i can think of is that i do not turn 21 until January 6 weeks before my visa expires...

have you done this yourself or know of anybody that has?


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## Joppa (Sep 7, 2009)

crusie said:


> oh fantastic thank you...
> 
> my youth mobility visa expires next february when would be a good time to apply? would i be able to apply now? we have been together over 2 years already and should be able to get enough to prove it the only problem i can think of is that i do not turn 21 until January 6 weeks before my visa expires...
> 
> have you done this yourself or know of anybody that has?


No, happily married for nearly 30 years! Have been closely following immigration matters for almost 40 years.

Your age is ok - you only need to be 21 when your UPV comes into effect, so can't apply until four weeks before you turn 21. I suggest you start collecting high-quality evidence in support now. Do make doubly sure you submit every document asked for, and in the correct format. If they ask for bank statements covering the past 3 months, ensure they do, not 2.5 months or you may be rejected - yes, they are that strict! Do you have solid proofs of cohabitation like joint tenancy agreements covering 2 years, jt bank account, jt utility bills etc?


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## crusie (Jun 17, 2010)

yeh thats where i get stuck i got here on this visa in February 2009 and lived at here family address... i opened a bank account in the march going to that address but not a joint one, everything i have ever had sent to me since then has been to that address... we have only recently moved into our own place and had a joint bank account for about 3 months now... is there any other possible way of proving it i remember reading some where that if u lived with family or friends you would need a signed letter from them stating the dates you lived with them? not sure if that is true or not...

seems to be quite hard to prove its only recently i have really starting thinking of it lucky i have kept all letters i have received since coming over just hope that most of them are of some use.


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## Joppa (Sep 7, 2009)

crusie said:


> yeh thats where i get stuck i got here on this visa in February 2009 and lived at here family address... i opened a bank account in the march going to that address but not a joint one, everything i have ever had sent to me since then has been to that address... we have only recently moved into our own place and had a joint bank account for about 3 months now... is there any other possible way of proving it i remember reading some where that if u lived with family or friends you would need a signed letter from them stating the dates you lived with them? not sure if that is true or not...
> 
> seems to be quite hard to prove its only recently i have really starting thinking of it lucky i have kept all letters i have received since coming over just hope that most of them are of some use.


No you need more than just a letter from friends and families. You need to provide solid objective proofs like joint, signed tenancy agreements, joint utility bills and things like that, and they must go back 2 years. You can understand why Home Office insist on it - otherwise any tom, dick and harry would be trying on to stay long-term in UK. They absolutely insist that the relationship is genuine, and that you intend to live together in a union akin to marriage for life. It must be following a long period of deep, growing relationship - not something that happens at the early stage of relationship. 
Look at Home Office instructions on ducumentary proofs needed:
http://www.ukba.homeoffice.gov.uk/s...dischapter8/section9/section9.pdf?view=Binary
http://www.ukba.homeoffice.gov.uk/s.../idischapter8/section9/annexz.pdf?view=Binary


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## crusie (Jun 17, 2010)

yes it is very understandable just very hard...

what can be done if you cant provide all of this? say i only got 80% of what they want to see is there anything else they can possibly take into account?


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## Joppa (Sep 7, 2009)

crusie said:


> yes it is very understandable just very hard...
> 
> what can be done if you cant provide all of this? say i only got 80% of what they want to see is there anything else they can possibly take into account?


No, if you don't have documentary evidence going back 2 years to substantiate your cohabitation, I'm 99% certain your application will be rejected, which has implications for any future applications you may make to enter or stay in UK. You will be flagged up every time you go through UK immigration and your passport scanned, at every application you make to Home Office and every time you apply for a visa at a British diplomatic post, as your rejection goes on their immigration database.
You just have to find a way to continue your cohabitation somewhere else in the world until you have collected two-year worth of proofs.
You can try getting married - which requires a different set of evidence.


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## crusie (Jun 17, 2010)

yeah ok i better start trying to get as much as i can get then hopefully i will be able to get enough...

i have also noticed you can go in and apply inperson for a bit of an extra fee does that make any difference when applying?


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## Joppa (Sep 7, 2009)

crusie said:


> yeah ok i better start trying to get as much as i can get then hopefully i will be able to get enough...
> 
> i have also noticed you can go in and apply inperson for a bit of an extra fee does that make any difference when applying?


You get a reply in days rather than weeks or months, but the required standard of evidence is exactly the same.


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## crusie (Jun 17, 2010)

its really good to be able to speak to some body who knows alot about this rather then getting alot of mixed answers... how i mentioned about a letter from a relative that you have been living with was off the application form it reads

Note 8 The items of correspondence should be addressed to you jointly or in both your names. If you do not have enough items in your joint names, you may also provide items addressed to each of you individually if they show the same address for both of you.
Examples of acceptable items are listed below. The documents provided must be originals. Photocopies are not acceptable.
The dates of the items of correspondence should spread over the whole 2 years. They should be from at least 3 different sources.
Please give an explanation on a separate sheet if you cannot provide 6 items; if the items are not addressed to both of you; or if they do not cover the 2-year period. If you and your partner lived with relatives or friends for some or all of the 2-year period, please provide a letter from the relative(s) and/or friend(s) confirming this.
If you did not live together for any part of the 2-year period, tell us the reasons for this and whether you stayed in contact with each other during this time, and provide any relevant supporting evidence.

but should it still be a last resort you reckon?


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## Joppa (Sep 7, 2009)

crusie said:


> its really good to be able to speak to some body who knows alot about this rather then getting alot of mixed answers... how i mentioned about a letter from a relative that you have been living with was off the application form it reads
> 
> Note 8 The items of correspondence should be addressed to you jointly or in both your names. If you do not have enough items in your joint names, you may also provide items addressed to each of you individually if they show the same address for both of you.
> Examples of acceptable items are listed below. The documents provided must be originals. Photocopies are not acceptable.
> ...


There should be a clear evidence you fulfil the 2-year cohabitation rule. If you both have lived together in a house owned or rented by a relative, a letter from them would help (because you cannot supply rental agreement or utility bills), as are unavoidable periods of separation due to work commitment and so on. But they are exceptions than a rule. Home Office decides on your case on a holistic basis. If there is a clear evidence that you have cohabited for the required length of time even though the circumstances made it impossible to provide high-quality (i.e. documentary and objective) evidence from the entire period, they may approve your application (and you need to spell out the reasons). Can you really make out a case that you actually did live together for 2 years? Or are you hoping that though it doesn't amount to two years, the intention to live together is there? Remember a rejected application isn't just costly (you lose all your application fees) but also puts a black mark on your immigration record, making future applications more difficult.
At the end of the day, though, it's your decision.


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## crusie (Jun 17, 2010)

yeh sure thank you for being a great help.

thats what i find most frustrating is that we will have been living together for 2 years when my visa expires just a bit over a year of that was living with her family in there home so we didn have anything in our name at all except our monthly bank statement... i want to apply for this visa obviously only if i can get sufficient evidence. i have every intention of spending the rest of my life with my girlfriend just dont want to feel almost forced into marriage to stay together and this visa is a great option without marriage, she would come out to australia but she still has her last year of university to finish.

May i ask how you do know so much about all this? i cant imagine u study visa guidlines in your spare time for fun? haha


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## crusie (Jun 17, 2010)

thank you very much for that yes it does take some weight off my shoulders and feel a bit more confident about it all it all seems very tricky...

another question i have is obviously i will be applying before my visa expires so the time we will have lived together will be 21months but it will be 2 years when my visa expires is that acceptable?

cheers


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## crusie (Jun 17, 2010)

oh and i also found this 

Settlement
This page explains how there is no right to apply to live permanently in the United Kingdom (known as 'settlement' or 'indefinite leave to remain') if you are here under the youth mobility scheme under tier 5 of the points-based system.

You cannot apply for settlement from tier 5 and the time you spend in any tier 5 category will not count towards any settlement you may apply for in the future.

it was on this website
UK Border Agency | Settlement

does these rules not apply when applying for the unmarried visa? 
sorry to be such a pain i really find this all quite stressful and confusing...

thank you


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## Joppa (Sep 7, 2009)

crusie said:


> oh and i also found this
> 
> Settlement
> This page explains how there is no right to apply to live permanently in the United Kingdom (known as 'settlement' or 'indefinite leave to remain') if you are here under the youth mobility scheme under tier 5 of the points-based system.
> ...


No it doesn't apply in your case. What the rule says is that you cannot use the two years spent on YMV as part of 5 years (or 3 years when married to a Brit) residence requirement for ILR, for example, when you switch to Tier 2 work visa. In your case, you are switching to an UPV, which is allowed, and has its own rule for ILR - i.e. 2 years.


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## crusie (Jun 17, 2010)

oh i am really confussed now bit of a spanner in the works...

so i can not apply for the apply for the Unmarried Partner Visa whilst in the UK on my Youth Mobility visa? 

i would have to return home and apply for it from there?


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## crusie (Jun 17, 2010)

oh thank you very much

its hard to find answers every where u look u get a different one would hate to apply and then find out i was not eligiable for it in the first place...

thank you


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## crusie (Jun 17, 2010)

i would like to think it was possible would be alot easier haha 

thank you


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## Joppa (Sep 7, 2009)

UK BA site:

If you are already in the UK
If you entered the UK in a different immigration category (for example, as a student), you may be allowed to switch into the category of unmarried/same-sex partner *if we have given you a total of more than six months' permission to live here since your most recent admission to the UK*. This permission must have been given in accordance with the Immigration Rules, not 'exceptionally' (outside the Immigration Rules). For example, if we gave you permission to enter for three months and then permission to remain for five months, you have been given a total of eight months - which means you can apply to switch into the category of unmarried/same-sex partner.
UK Border Agency | Unmarried/same-sex partners

Now under Youth Mobility Scheme, it says you cannot switch to another Tier of work leave or a visitor category. It doesn't say you cannot switch to a settlement category like unmarried partner or spouse.

So from this I deduce you don't have to return home to apply for your FLR as unmarried partner.

Unless somebody knows better?


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## Marc de Winnaar (Jun 23, 2010)

Hi,

I tend to agree with the advice given by Joppa dated 21st June 3:49pm. There is no evidence in the immigration rules which suggests it is not possible to switch from the Youth Mobility Scheme into the Unmarried Partner category. You must just make sure you have at least 6 months remaining on your visa from your last date of entry to the UK.

If you require assistance with your application, please do not hesitate to contact me.

Regards,

Marc de Winnaar


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## Joppa (Sep 7, 2009)

Marc de Winnaar said:


> Hi,
> 
> I tend to agree with the advice given by Joppa dated 21st June 3:49pm. There is no evidence in the immigration rules which suggests it is not possible to switch from the Youth Mobility Scheme into the Unmarried Partner category. You must just make sure you have at least 6 months remaining on your visa from your last date of entry to the UK.


You don't have to have 6 months remaining on your current YMS visa - the rule just says that in order to switch to a settlement visa like UPV, your current visa must have been issued for more than 6 months, which is of course the case (2 years). You just have to apply before your current visa expires.


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## Marc de Winnaar (Jun 23, 2010)

....and that you must have *at least 6 months validity *remaining on your visa from your last date of entry to the UK. As the YMS is still relatively new, it is safe to assume that you currently have at least 6 months remaining on your visa. However, if you are planning to make this application in the future, you will need to plan your travels carefully. 

i.e. Don't travel in the last 6 months of your YMS visa if you still need to switch to the UPV.

Regards,

Marc de Winnaar



Joppa said:


> You don't have to have 6 months remaining on your current YMS visa - the rule just says that in order to switch to a settlement visa like UPV, your current visa must have been issued for more than 6 months, which is of course the case (2 years). You just have to apply before your current visa expires.


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## Joppa (Sep 7, 2009)

Marc de Winnaar said:


> ....and that you must have *at least 6 months validity *remaining on your visa from your last date of entry to the UK. As the YMS is still relatively new, it is safe to assume that you currently have at least 6 months remaining on your visa. However, if you are planning to make this application in the future, you will need to plan your travels carefully.
> 
> i.e. Don't travel in the last 6 months of your YMS visa if you still need to switch to the UPV.


We seem like splitting hairs(!), but the rule states that 'if we have given you a total of more than six months' permission to live here *since your most recent admission to the UK*.' Now, as you know, with a long-stay visa like YMS, you are given leave to enter the first time you arrive in UK with your visa, and that leave remains valid until expiry. Any short trips you take out of UK in the meantime have no effect on your visa provided you are returnuing to resume your activity laid down by your visa, as the immigration officer simply date-stamps your passport without giving you a new leave - they used to write 'as previously endorsed' etc but I don't know if they still do or not. 'Admission' here isn't the same as returning to UK after a short absence abroad - it means the initial entry at which your YMS visa was activated - i.e. you were given leave to enter as a YMS visa holder. So you don't have to have six months remaining on your visa, and you can still take a short trip abroad, provided you lodge your UPV application on or before the last date of visa validity.
Of course there is a separate question of the immigration officer clarifying whether you are returning to continue your YMS, and if the visa only has a few weeks remaining, that would be a proper question to ask. You only need to say that you are, and leave it at that, though in that case they may ask for evidence of your intention to leave the country for good, such as a ticket home. You can then say that you intend to apply for your UPV, and pending its outcome, you will be staying in UK.


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## Marc de Winnaar (Jun 23, 2010)

Joppa, I actually starting to agree with you on this one. The rules are certainly open to interpretation and admission could very well refer to the last visa granted. In the past, I have however heard of a refusal where the applicant did not have at least 6 months remaining on their visa since their last date of entry to the UK. The visa which the applicant held was originally issued for 2 years. This may have been one off occurence and perhaps a misjudgement.

If Crusie has 6 months remaining under the YMS visa at the time of applying for the UPV, then there would be no concerns regarding last admission to the UK. However, if Crusie has to wait until the end of the YMS visa before applying, based on what we have discussed, there is still a good chance that the application will be successful.

If Crusie decides to proceed with an application from within the UK, this *must *be submitted prior to the expiry date of the YMS visa. Alternatively, Crusie will have to return home, prior to expiry, and submit an Entry Clearance application. 

Regards,

Marc 




Joppa said:


> We seem like splitting hairs(!), but the rule states that 'if we have given you a total of more than six months' permission to live here *since your most recent admission to the UK*.' Now, as you know, with a long-stay visa like YMS, you are given leave to enter the first time you arrive in UK with your visa, and that leave remains valid until expiry. Any short trips you take out of UK in the meantime have no effect on your visa provided you are returnuing to resume your activity laid down by your visa, as the immigration officer simply date-stamps your passport without giving you a new leave - they used to write 'as previously endorsed' etc but I don't know if they still do or not. 'Admission' here isn't the same as returning to UK after a short absence abroad - it means the initial entry at which your YMS visa was activated - i.e. you were given leave to enter as a YMS visa holder. So you don't have to have six months remaining on your visa, and you can still take a short trip abroad, provided you lodge your UPV application on or before the last date of visa validity.
> Of course there is a separate question of the immigration officer clarifying whether you are returning to continue your YMS, and if the visa only has a few weeks remaining, that would be a proper question to ask. You only need to say that you are, and leave it at that, though in that case they may ask for evidence of your intention to leave the country for good, such as a ticket home. You can then say that you intend to apply for your UPV, and pending its outcome, you will be staying in UK.


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## crusie (Jun 17, 2010)

cheers for all this guys has been a massive help.

so if i was planning on going home for christmas say DEC 15 - JAN 15 with my visa expiring on Feb 20 would i best to apply for this visa before i left or when i got back? 

or is it all a bit hard would i be best not going?

thanks


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## Dave_Ellen (Aug 5, 2010)

*Unmarried partner*

Hello all,

Since reading the bit about proving that you've lived together for 2 years, i am now convinced that our application will be rejected. We have been living together for 2 years and 3 months. However, the first rent contract was only in my name. We could only provide my partner's credit statements from August 2008. So this would mean we have lived together for 2 years. But now i'm worried because we only have 1 source of living together proof.

We have been to the UK twice before for Christmas, and submitted over 200 hundred photos for this application. I'm sure we have portrayed that we are geniune, have a suitble place to live, and have financial backing, but now i'm preparing for the worse. I think they will reject us based on the fact that we dont qualify to apply.

Does this mean we wouldn't even stand a chance of appealing? Can we provide any other documents in the interview we are no doubt going to need?

If we were to reapplied on a fiance or married couple visa, would this look bad? We dont want to be forced to get married, but now i think we have no choice unless i stay in China for another year. My visa expires in 2 weeks so now i am appling for a 6 month study visa.

This is making me ill, i can barely sleep and cant even eat well. We've done nothing wrong and just want to be together in the UK so we can start a family.

Does it really seem like we have no hope?

Regards, 

Dave


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## Dave_Ellen (Aug 5, 2010)

moveup said:


> Hi Dave,
> 
> Thanks for your query.
> 
> ...


Thank you for your quick reply. We do have a letter from a friend who is a doctor saying that she has known us for 2 and a half years, but this doesnt imply we have lived together for 2 years. We also submitted letters from me (the sponsor), my partner, mum (co-sponsor), my partner's mum and my sister. We have fully described how we met, our relationship, that we intend to live together and have that we have never even spent a day or night apart. The visa lady said our application was good and that based on what she saw we have a good chance. But she didnt review the docs and doesnt know about this problem. If she had known, she may been able to tell us there and then that our chances are slim.

We've since found stuff we purchased online to show the address. At least we can take this to the interview. It's just a shame that there isn't a checklist item for 'evidence of living together'. If there was, we would have known to prepare more stuff about prooving this. We weren't to know this 2 years ago when i only put my name on the first rent contract. I did this as i at the time i thought it needed to be in my name for me to get my living allowance from IBM. I later learned both names would have been fine, so thats what we did on the next contract.

Many thanks for your reply,

Dave


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## Bevdeforges (Nov 16, 2007)

Dave_Ellen said:


> It's just a shame that there isn't a checklist item for 'evidence of living together'. If there was, we would have known to prepare more stuff about prooving this.


Actually, it's a big point in your favor that there is no definitive checklist. No matter what was on it, there are those who would produce exactly what is on the list even when there is no real relationship.

The immigration people are granted a certain amount of discretion. Bring all the evidence you have with you, and just let the interviewer see how genuine the relationship is. If the visa lady said she thinks you have a good chance, go with that, bring whatever further evidence you have with you and just be sincere and up front with the interviewer. 

There are no absolutes these days, but as long as the relationship is genuine, chances are you may well just get that visa. If not, is getting married really that awful a prospect? Especially if you want to start a family?
Cheers,
Bev


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## Dave_Ellen (Aug 5, 2010)

Bevdeforges said:


> Actually, it's a big point in your favor that there is no definitive checklist. No matter what was on it, there are those who would produce exactly what is on the list even when there is no real relationship.
> 
> The immigration people are granted a certain amount of discretion. Bring all the evidence you have with you, and just let the interviewer see how genuine the relationship is. If the visa lady said she thinks you have a good chance, go with that, bring whatever further evidence you have with you and just be sincere and up front with the interviewer.
> 
> ...


Thank you so much for replying! We would love to get married, but not just for a visa. We dont fully understand the logic behind marriage, especially when you compare eastern and western marriages. We really want to learn more about it at our church in the UK and go from there.

We fulfilled the requirments of the checklist, submitted 3 large folders of supporting docuementation and have been upfront about everything.

I just hope they see it.

I'm not a crying type, but last night i fell apart. Lucky Ellen is much stronger than me. This is a nightmare.

Thanks again for replying, it's given me renewed hope.


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## Dave_Ellen (Aug 5, 2010)

*Success!!!!!*

Hello all, i would like to thank those who replied and offered their support 

Today Ellen's passport arrived with our unmarried partner visa! The feeling right now is amazing, we are so grateful and can't wait to start new lives together in the UK.

This is amazing news for those who worry they can't provide 3 to 6 pieces of 2 years living together evidence, we could only provide one stretch of documents to cover the 2 year living together period.

The information for applicants on the UK website, and on the visa application checklist about providing evidence of living together, doesnt specify how many things you need, it only mentions examples of what can be submitted. However, on the page for entry clearance officers, it does say that we "should provide a minimum of three...".

Note that first it says 'should' and most importantly, the page that says all this, is "for information only". So it's not an actual rule or requirement, though if your application is abit lightweight, and for peace of mind, i still think a minimum of three is important. If you can provide six things, that would be perfect.

What i plan to do is to document exactly what we went through and what we submitted to help those in similar positions. Right now we are going to be busy preparing our return, so when we have time, maybe after a couple of months, i'll post a new blog on my website. I'm not sure if i'm allowed to put my website address here, so if you are interested please reply here, and i'll see what i can do.

I really hope this will help someone out there and try to relieve the pain we had to go through. I dont wish it on anyone and have made myself ill.

Thanks again!


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## NJC-UK (Aug 23, 2010)

*Unmarried partner*

I have a question and wonder if anyone has been in a similar situation and can offer me some advice...

I am a British citizen and moved to the States with work back in 1999, in 2002 I met my girlfriend who is Canadian and also working in the states. We lived together for 1 year (joint lease...bills etc...) from the end of 2003 to to the end of 2004 at which point my visa expired and could not be further extended. I had to return to England and she stayed in the States. We have maintained our relationship visiting each other on average every 8 weeks, called each other everyday, emailied each other...etc.. We want to start a family but dont want to get married. So my question is this: Is it possible for us to apply for a unmarried partner visa being that we have been together for so long even though we have only cohibited for 1 year? We have phone records, emails, travel itineraries, photos going back to when I had to move back.... we are in a committed relationship. What are our chances of this visa being granted?

Any advice would be greatly appreciated...


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## klayduhur (Sep 7, 2010)

I am a British citizen and my partner is Mauritian who is currently in the UK with me on a work holiday visa. He entered the UK in november 2008 and the visa expires on the 15th october this year. We have been a couple since june 2008 and have been living together since march 2009, we have several documents to prove that we have been living together for that period of time and have other supporting documents such as photos of us,bank statement, tenancy agreement and payslips to prove that we are a genuine couple. We would like to know:


* If we are eligible to apply for the umarried partner visa and what would be the procedure?
* Can the application be made within the UK or will my partner need to go back to Mauritius due to the visa he is currently on (Work Holiday Visa)?
* What are the chances of the application being successful?

I would be very grateful if you could advise us on this matter please?


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## Dave_Ellen (Aug 5, 2010)

Hello again, i mentioned in my previous reply that we'd document what we done to get our visa. You can see this on my website:

Road to Unmarried Partner Visa

I hope this helps


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## 0wner (Feb 17, 2011)

Hi there,

I found this thread extremely helpful do thank you for all your contributions. I understood everything mentioned here so far, but I have one more complication to add to the whole mess. I am not a UK citizen (but German) and I will be working in London and I am planning to live there with my girlfriend. My question is, am I as an EEA citizen eligible to get the unmarried partner visa for her (Canadian) as described here in the thread after her 2 year YMS visa expires?

I would appreciate any help offered.

Cheers!


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## Joppa (Sep 7, 2009)

0wner said:


> Hi there,
> 
> I found this thread extremely helpful do thank you for all your contributions. I understood everything mentioned here so far, but I have one more complication to add to the whole mess. I am not a UK citizen (but German) and I will be working in London and I am planning to live there with my girlfriend. My question is, am I as an EEA citizen eligible to get the unmarried partner visa for her (Canadian) as described here in the thread after her 2 year YMS visa expires?


You can only 'bring' a partner to live in UK if you have been living together for 2 years. Even though you are applying under EU regulations (EEA Family Permit, which must be applied for outside UK), UK government takes the view that in case of an unmarried partner, same condition must be met as it exists under UK law, that is two years of cohabitation.
See EEA and Swiss nationals - visa application guide Unmarried partner counts as extended family member.
EUN02 - EEA Family Permits under 2.11


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## 0wner (Feb 17, 2011)

Thanks Joppa for the fast reply. Basically my girlfriend will receive her YMS very soon and then we will live together for the required two years until her visa expires. After that we should be able to apply for the the EEA family permit right?

Of course we will document everything and collect as much proof as possible during this time. Is there any other advice that you could give us? Also I really do appreciate your advice and time.

Thank you so much.


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## Joppa (Sep 7, 2009)

0wner said:


> Thanks Joppa for the fast reply. Basically my girlfriend will receive her YMS very soon and then we will live together for the required two years until her visa expires. After that we should be able to apply for the the EEA family permit right?
> 
> Of course we will document everything and collect as much proof as possible during this time. Is there any other advice that you could give us? Also I really do appreciate your advice and time.


OK, in that case read carefully the procedure and requirements I've quoted. You must apply for her EEA Family Permit outside of UK. It can be at any consulate, but perhaps the ones in Germany are probably the best as you are from there and presumably will be going back and forth. It can take a week or two to come through, so be prepared to wait. It's issued free of charge.
After moving to UK together, your girlfriend must apply for her biometric residence card (credit card sized) and an endorsement in her passport within 6 months. This can take up to 5-6 months to come through. Again it's free. After 5 years she can apply for indefinite leave to remain (like permanent residency).


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## 0wner (Feb 17, 2011)

Joppa said:


> OK, in that case read carefully the procedure and requirements I've quoted. You must apply for her EEA Family Permit outside of UK. It can be at any consulate, but perhaps the ones in Germany are probably the best as you are from there and presumably will be going back and forth. It can take a week or two to come through, so be prepared to wait. It's issued free of charge.
> After moving to UK together, your girlfriend must apply for her biometric residence card (credit card sized) and an endorsement in her passport within 6 months. This can take up to 5-6 months to come through. Again it's free. After 5 years she can apply for indefinite leave to remain (like permanent residency).


Joppa you are so helpful! More Reppower to you!

May I please ask two more questions, even though I do realize it is getting a lot, I would greatly appreciate it if you could help us.

*1.* Could you please clarify the exact process a bit more. You mentioning a biometric residence card and a passport endorsement confused me somewhat. As far as I understood we would have to go through the following steps:

a) She receives the Youth Mobility Visa (which actually requires a biometric test) and we then move in together in the UK this spring

b) After two years she has to leave the country and we then apply for the EEA family work permit (under EUN2.11 unmarried partners), most likely in Germany as you suggested, proving that she is a member of the extended family and that we have a "durable relationship".

c) _(This step I am guessing so please correct me if I am wrong)_ We then move back to the UK (with the EEA family work permit in her possession) and apply for the unmarried partner visa here in the UK. She then receives a permit to stay for more time in the UK and finally after 5 years she could apply for a permanent visa.

Are these steps correct? And where would the biometric residence card and the passport endorsement fit in exactly?



*2.* My second question relates to a situation that will hopefully not occur, but I do want to consider it. In case we break up whilst she is in the UK under the Youth Mobility Visa, does it mean she will never be able to work in the UK again (because she cannot apply for any TIER 2 visa)? Are there any other solutions?

Thank you so so much Joppa :clap2::clap2::clap2:!


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## Joppa (Sep 7, 2009)

0wner said:


> Joppa you are so helpful! More Reppower to you!
> 
> May I please ask two more questions, even though I do realize it is getting a lot, I would greatly appreciate it if you could help us.
> 
> ...


1) Yes, that's the procedure. It's under Step C she gets her (new) biometric residence card and passport endorsement. She doesn't actually apply for leave to remain as unmarried partner, as she will be under EU regulations as a dependant of an EU worker (you). You have to show she will be financially dependent on you. It extends her period of residence to 5 years (EEA Family Permit is only valid for 6 months). And she can work.

2) Well, in that case she will be required to leave UK at the end of 2 years. She will then have to apply for another visa back in Canada to resume UK residence, such as Tier 2, study or settlement (e.g. marrying a British or EU citizen). If she has a UK-born grandparent, she can apply for ancestry visa valid 5 years.


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## 0wner (Feb 17, 2011)

1) Ohhh now I understand. So when we receive the 6-month EEA Family Permit, we then go back to the UK and apply for the new biometric residence card and the passport endorsement and we then need to do this quickly as it takes up to 6 months. But at what stage do I have to show that she is a dependent of me and how? Would this happen when applying for the EEA Family Permit in Gemany?

2) Thats great news. I actually thought that once you have received the Youth Mobility Visa, you are not entitled to any skilled-workers visa (aka Tier 2). Thats good to know just in case 

Joppa you made my night. Thank you so much!


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## Joppa (Sep 7, 2009)

0wner said:


> 1) Ohhh now I understand. So when we receive the 6-month EEA Family Permit, we then go back to the UK and apply for the new biometric residence card and the passport endorsement and we then need to do this quickly as it takes up to 6 months. But at what stage do I have to show that she is a dependent of me and how? Would this happen when applying for the EEA Family Permit in Gemany?


Yes, and again when you apply for card and endorsement. You don't have to do it as soon as you arrive in UK, as the permit is automatically extended while you wait for your card etc. But you must submit your application before the permit expires, or your girlfriend may be deported. Visa Application Guide tells you how to demonstrate dependence, such as her lack of income and your ability to maintain her through your salary slips and bank statements.



> 2) Thats great news. I actually thought that once you have received the Youth Mobility Visa, you are not entitled to any skilled-workers visa (aka Tier 2). Thats good to know just in case.


Yes, but she will first have to return to Canada.


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## Seanimi (Mar 24, 2011)

*already in UK with EU partner*

Hello. 

I am already in the UK on a Youth Mobility scheme visa with my German EU unmarried partner. 

Am I able to transition to a partner visa either from within UK or by leaving UK and applying to enter again with her from outside the UK? 

Thank you for your help.

Regards,
Sean


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## Joppa (Sep 7, 2009)

Seanimi said:


> Hello.
> 
> I am already in the UK on a Youth Mobility scheme visa with my German EU unmarried partner.
> 
> Am I able to transition to a partner visa either from within UK or by leaving UK and applying to enter again with her from outside the UK?


Only if you have been living together with your partner for 2 years. If it's less than 2 years, your application will be rejected.


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## Seanimi (Mar 24, 2011)

Thank you very much for your reply. We have been living together for two years. Would we need to leave the UK to apply or can we apply from within?


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## Joppa (Sep 7, 2009)

Seanimi said:


> Thank you very much for your reply. We have been living together for two years. Would we need to leave the UK to apply or can we apply from within?


Since your unmarried partner is a German, you can apply under European regulations for an EEA Family Permit. You have to apply outside UK, but it can be at any visa-issuing consulate - I'd do it in Germany. They will scrutinise evidence for 2 years' cohabitation, so make sure you supply as many documentary proofs as you can, such as joint rental agreement, joint bank account, insurance in joint names, electoral register record, joint council tax bills, utility bills in joint names etc covering the two years. While letters, photos, emails and friend's testimony may be produced as evidence, they don't replace concrete proofs of a durable and committed relationship. It will be a lot easier if you get married, then provided it's not one of convenience (and here your two years' cohabitation will lend support), your permit will be granted free of charge.
See EEA and Swiss nationals - visa application guide
Your EEA Family Permit will be valid 6 months. Before expiry you apply to the Home Office for your residence permit valid 5 years.


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