# Need advice for UK Unmarried Partner Visa



## Yosh (Feb 13, 2013)

Hello,

I just joined this website today and would appreciate it if any of you could help me.

I am going to apply for a UK unmarried partner visa this autumn. The reason is that I and my British partner currently live in Canada on working holiday and my partner is likely to be transferred to London in Sept this year (which is the time our visas run out). We have been living together since Nov 2010 so I believe that I am qualified.
I've been speaking to an immigration agent in my country, Japan about our situation, then he told me that I should apply for the visa after he works for at least 6 months in the UK. He says "A sponsor has to be employed for more than 6 months *in the UK* and earn £18,600 annually. The income from overseas could be accepted but need to provide the detailed financial status for 12 months. Or else, it might not meet the criteria." 
My partner has been working since last Nov and I will try the visa this late Sept or early Oct in Japan. So I won't be able to provide exact 12 months of my partner's financial statement. But is that true that sponsors must be employed *in the UK *for at least 6 months? No 1 or 2 months? If so do I have to wait for 6 months in Japan while my partner works in the UK and apply for the visa later on?


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## Joppa (Sep 7, 2009)

Yosh said:


> Hello,
> 
> I just joined this website today and would appreciate it if any of you could help me.
> 
> ...


Konbanwa! (Good evening)

In order to qualify for an unmarried partner visa with a minimum of wait, your UK partner must have earned in the last 6 months in Canada at the annual rate of £18,600 before tax, and he has a job offer in UK starting within 3 months of return paying at least £18,600. If you are applying in September or October, provided he can meet the current income requirement and job offer, you will pass the financial test under Category A.

If you don't, he has to return to UK, gets a job and works for 6 months, each month earning at least £1550, and then you can apply under Category A. 

Yoroshiku (best wishes)


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## Crawford (Jan 23, 2011)

You should read the following document carefully, to see which category your partner (the sponsor) fits into:

http://www.ukba.homeoffice.gov.uk/s...DIs/chp8-annex/section-FM-1.7.pdf?view=Binary

From what you say, your partner has been working since Nov 2012. If by the time you apply, your partner has been working for the same company for 6 months earning the necessary equivalent of 18,600 GBP AND has a job to go to in the UK which starts within 3 months of him arriving in the UK AND, again, which pays the minimum of 18,600 pa then you could apply prior to him arriving in the UK under Cat A. 

If your partner has no job to go to in the UK, then yes, he would need to find one and work in it for 6 months before applying for the partner visa.

I don't know all your employment details but by reading this document you will be able to find out how you may qualify.


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## Yosh (Feb 13, 2013)

Dear Joppa and Crawford,

Konnichiwa! (Hello)
Thank you very much for your advice, that is very very helpful! Fortunately my partner earns more than £18,600 annually and he will starts working within 3 months after he gets back in the UK so I will pass the financial test under Cat A. I guess my immigration advisor was confused... Anyway thanks again for the huge help! God bless you. Arigatou. (Thank you)


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## DED (Feb 24, 2013)

New User - seeking members assistance

I am uk citizen working in UAE for seven years and have been separated from wife for 3 years with official divorce papers ongoing. Now I would like to return to uk and bring my partner so this is the question - HOW? In UAE unmarried couples cannot stay together legally so cannot produce bills although we have been together and holidayed together for over 2 years --- with what i read the only way I can bring her in is to marry and this seems wrong as we are not wanting to get married at this stage but dont want separated - any thoughts / advise / assistance appreciated


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## 2farapart (Aug 18, 2011)

DED said:


> New User - seeking members assistance
> 
> I am uk citizen working in UAE for seven years and have been separated from wife for 3 years with official divorce papers ongoing. Now I would like to return to uk and bring my partner so this is the question - HOW? In UAE unmarried couples cannot stay together legally so cannot produce bills although we have been together and holidayed together for over 2 years --- with what i read the only way I can bring her in is to marry and this seems wrong as we are not wanting to get married at this stage but dont want separated - any thoughts / advise / assistance appreciated


When you say 'been together', do you just mean classing yourselves as partners, or ignoring the UAE laws and you have lived together physically anyway. If the latter, you *should* be able to apply but I can see where you'd have difficulty proving it (and as such I'd recommend seeking advice from an immigration professional). If the former (you haven't been living together to remain in compliance with UAE requirements), then there's unfortunately no way your partner can apply as your unmarried-partner. Without marrying (or intention to marry within 6 months of joining you in the UK), the only other option would be for a work or study visa if she qualifies.


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## Joppa (Sep 7, 2009)

I agree. You mustn't jeopardise your resident status by declaring you are living as unmarried partners (I believe it's a criminal offence in many parts of the Middle East). You only need someone to inform the police for them to take action. Find another way of obtaining a visa, through marriage etc, as suggested.


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## DED (Feb 24, 2013)

comments appreciated
It is the 'later' as noted previously.

if I go with the intention to marry then I would have to change her visa after six months and then she would need to leave and return on another visa and this will no doubt be another charge as first application is nearly 1000 pounds.

Question / thought
Could she enter with visit visa for six months then exit and return for another six months then exit and finally return on spouse visa for final six months which gives both time to see if all goes well before marrying?


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## Joppa (Sep 7, 2009)

DED said:


> comments appreciated
> It is the 'later' as noted previously.
> 
> if I go with the intention to marry then I would have to change her visa after six months and then she would need to leave and return on another visa and this will no doubt be another charge as first application is nearly 1000 pounds.
> ...


She should just get a fiancée visa, enter UK, marry and switch to leave to remain as spouse, all within 6 months. She can then stay in UK for 30 months, then renew for further 30 months and finally apply for indefinite leave to remain,


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## DED (Feb 24, 2013)

Thanks Joppa

There is two points, I wish to reply with regards your post
1. both do not want to marry so quickly (inside 6mths)
2. I had read that in order to switch from visa she would have to leave and pay fees


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## 2farapart (Aug 18, 2011)

DED said:


> Thanks Joppa
> 
> There is two points, I wish to reply with regards your post
> 1. both do not want to marry so quickly (inside 6mths)
> 2. I had read that in order to switch from visa she would have to leave and pay fees


You may have read the Marriage Visitor Visa by mistake (that's where people can stay in the UK to marry in the UK, but who then leave to live somewhere else). The fiancé visa is as Joppa described. You marry during the first 6 months, and then your then-wife could stay in the UK and simply apply through the two Further Leave to Remain stages.

But if you don't wish to marry so quickly, I'm afraid there's no other avenue than her being able to secure a work or student visa if she's applicable.


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## Joppa (Sep 7, 2009)

DED said:


> Thanks Joppa
> 
> There are two points, I wish to reply with regards your post
> 1. both do not want to marry so quickly (inside 6mths)


She can visit for up to 6 months, but then has to return home to apply for a fiancée visa.



> 2. I had read that in order to switch from visa she would have to leave and pay fees


If on visitor visa, yes, but with a fiancée visa, she can switch in UK. You still have to pay for a new visa or leave in any case.


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## DED (Feb 24, 2013)

Thanks for replies (appreciated) Hmm.... seems like the doors are closing fast 

we are not hiding anything and seems wrong that we have to marry just to allow her to stay with me (no state benefits or state costs - I would be guarantor)
both are settled in 'warm' middle east weather and uk is quite a change so......

If on visit visa for say four months and then both decide to proceed to marry - what would be the procedure - would you apply for fiancé visa without exiting or you would have to exit and then apply


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## WestCoastCanadianGirl (Mar 17, 2012)

You can't get married on a tourist visa... you'd need a marriage visitor's visa to do that, and that (like the fiance(e) visa) has a time limit in which you must marry and after marriage she must leave and apply for a spousal visa from her home country.


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## DED (Feb 24, 2013)

So even if she comes in with finance visa and marry's within 6mths she must leave at end of six months and apply for spouse visa from her own country? her own country is not just a short trip away it would be 14hrs flight - added to the usual paperwork delays!

So, sorry head spinning! 
would it be better to marry before coming in to country? and if so, what kind of foreign marriage certificate is acceptable to UKBA?


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## WestCoastCanadianGirl (Mar 17, 2012)

If partner comes in on a fiancé(e) visa, they have to get married and apply for a FLR(M) visa before the fiancé(e) visa expires... we recommend booking a PEO appointment, as postal applications are taking 6-9 months (partner can stay while waiting for a decision)... until the decision is made and the BRP is in your hands, the applicant is not allowed to take any sort of work (no volunteering and no paid work).

If you aren't able to apply for the FLR(M) before the fiancé(e) visa expires, then the applicant must leave the UK and apply for spousal visa from their home country.

If the applicant arrives on a marriage visitor visa, they _must_ leave when the visa expires. They _cannot_ apply for an FLR(M) before they leave (they have to return to their home country and apply for a spousal visa) and they are forbidden from taking any sort of employment (again, no volunteer work, no paid work).


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## DED (Feb 24, 2013)

leading on from the good advise I am receiving from the experienced members it looks like finance visa is only option.
so, what would be the position in UAE if they say because neither have a current employment visa (finished in preparation to leave for uk - otherwise they may issue ban!) they will not accept application - if this was to happen what would our course of action be?


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## elysebaril (Jan 20, 2012)

2farapart said:


> When you say 'been together', do you just mean classing yourselves as partners, or ignoring the UAE laws and you have lived together physically anyway. If the latter, you *should* be able to apply but I can see where you'd have difficulty proving it (and as such I'd recommend seeking advice from an immigration professional). If the former (you haven't been living together to remain in compliance with UAE requirements), then there's unfortunately no way your partner can apply as your unmarried-partner. Without marrying (or intention to marry within 6 months of joining you in the UK), the only other option would be for a work or study visa if she qualifies.


Hello. 

Currently going through something similar. Been living with my partner over 2 years now and I want to apply for an unmarried partner visa. He was married before but the divorce was only officially signed 1,5 years ago. I spoke with UKBA and got 2 very different answers. The first guy very rudely said I should wait until it's been 2years the divorce was signed. The other lady was very helpful and looked up and said nothing was clearly written. She also said that the fact that I have been living with my partner for over 2 years and that is previous relationship had ended up before were proof that it had broken down before we got together and that it should be fine. Any thoughts? 

Thanks


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## 2farapart (Aug 18, 2011)

I don't have an official line on this, but can only add that it is common for a married couple to split up and live separately before any divorce proceedings have been started. Some people do it just to see whether they really do want to separate. Therefore, UKBA should be aware of this possibility.

I would have thought that the date when your partner formally divorced is actually immaterial, and that they'll look at proof that you have been living together. As said though, that isn't "expert opinion".


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## elysebaril (Jan 20, 2012)

2farapart said:


> I don't have an official line on this, but can only add that it is common for a married couple to split up and live separately before any divorce proceedings have been started. Some people do it just to see whether they really do want to separate. Therefore, UKBA should be aware of this possibility.
> 
> I would have thought that the date when your partner formally divorced is actually immaterial, and that they'll look at proof that you have been living together. As said though, that isn't "expert opinion".


Thanks for the quick reply. Called UKBA twice and got two very different answers. First guy was very rude and said I should wait 2 years after the decree absolute was signed. (it's been only 1,5 years). The second person was more helpful and actually went to look up. She found nothing saying it needed to be 2 years since the official divorce. I found the following in the section 'Chapter 8: Appendix FM' - Annexe 1.0 Partners guidance: UK Border Agency | Chapter 8 - Appendix FM (family members)

"3.1.2h Evidence that any previous relationship has broken down permanently
When considering paragraph E-ECP.2.9, the caseworker must be satisfied that any previous relationship of the applicant or their partner must have broken down permanently, unless it is a polygamous marriage or civil partnership which falls within paragraph 278(i) of the rules.
Where the applicant and/or their partner has previously been married or in a civil partnership, the applicant must provide evidence as specified in paragraphs 23 and 25-26 of Appendix FM-SE that the previous marriage or civil partnership has ended.

UK Border Agency | Appendix FM-SE - Family members - specified evidence

Note: An applicant whose marriage or civil partnership to a previous partner (or that of the applicant‟s partner) has not been legally dissolved, may qualify under Appendix FM as an unmarried partner or same sex partner, provided that they meet the criteria of paragraph GEN.1.2 and they provide evidence that the new relationship is genuine and subsisting and that the previous relationship has broken down permanently.: "

I think with that (written May 2013) we do qualify. We've got proof we've been together for 2 years, that the divorce was started a while before it was actually signed, he's been over to Canada. I don't know if I should also include the fact that he's got a son and I look after him as well when he's with us 2 days a week. We've also just been to Canada with him and I paid for all of our flights... guess it's good evidence. 

Thanks for your help! 

Elyse


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## Yosh (Feb 13, 2013)

*Housing requirements for sharing accommodation?*

Hello,

Just to make sure, I would like further kind advice for my unmarried partner visa application. 

I've been preparing for the application in my country while my partner is back in the UK working and looking for a new place to live since he has been transferred from Canada. He suggested moving into a two bed flat to share with one of his friends who is also looking for a new place. 

According to the housing requirements of this visa, it doesn't say a sharing accommodation is unqualified but if my partner and his friend make a JOINT CONTRACT to share the accommodation (most likely a two bed flat) with the landlord/estate agent, would that be a problem with my application? Anyone, your advice will be very much appreciated. Thank you.


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## WestCoastCanadianGirl (Mar 17, 2012)

Ohayo, Yosh-san...
Good Morning, Yosh.

Three people (Yosh-san, Anata-no-Igirisujin, Igirisujin-no-Tomodachi) in a two bedroom apartment is o.k. but if Igirisujin-no-Tomodachi brought in a partner as well, the Home Office might consider it to be getting crowded. As long as it's just the three of you in a two bedroom flat, you have nothing to worry about... if you find a place that has more than two bedrooms in the flat, then that's fine as well. 

It would be helpful if the landlord could indicate on the contract that he is fine with you living with Igirisujin and his friend and then include the letter from the landlord with your application... that way the Home Office can be assured that the accommodations are sufficient. 


Gambatte ne... Good luck!


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## Yosh (Feb 13, 2013)

Konnichiwa (Hello), WestCoastCanadianGirl-san. 

Thank you for your reply. I will ask my partner about further details of their plan and will take your advice when we go ahead and make a contract with the landlord. Hontou ni arigatou gozaimasu  Thank you very much for your very helpful advice! Take care.

Yosh


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