# Unmarried partner route/ILR success rate



## grimbles (Feb 19, 2015)

Hello!

Might anyone know the current success rate of the Family of Settled Person and eventual Indefinite Leave to Remain visas?

I am a UK national with an American partner. I had lived with her for four years in the US prior to late 2014, at which point she was accepted to study at Exeter University and we moved to the UK for the duration of her course, which will end along with her student visa in December 2015.

I'm not sure what it is - something in the Devon air perhaps - but after years under the assumption we could never have kids we have been told we're pregnant. First by three tests, then a doctor. So that's brilliant! What's not so brilliant is the obvious looming question of what we are to do about raising the little one.

We have been attracted to the idea of moving to the UK permanently ever since we first visited, and now wonder just how realistic that is.

In looking at visa options, it would seem we fulfill the requirements of the FSP visa (salary, living conditions, proof of relationship etc). I wonder, though, not just how likely that application is to be successful but also how likely we are to gain eventual ILR.

So if anyone could shed some light on this, or point out any pitfalls I might be overlooking, please do so. 

Thanks very much.


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## nyclon (Apr 3, 2011)

For an unmarried partner visa you must have rock solid proof of living together for at least 2 years in a relationship akin to marriage. That includes joint tenancy, joint bank accounts and joint bills and other joint responsibilities. Alternatively, you could marry.


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## Highpass (Apr 3, 2014)

Hi Nyclon,

We have proof of joint tenancy and bills over the last four years. I earn over the £22,400 minimum.

Am I right in thinking we would first apply for a Family of Settled Person visa, would need to remain living together in the UK (extending the visa as necessary) for 5 years, at which point we could apply for Indefinite Leave?

I am also trying to ascertain how probable it is that (assuming all criteria are met) we would be granted the visa.


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## nyclon (Apr 3, 2011)

What visa are you on now?

As far as how likely, it's about adequately meeting the requirements.


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## Highpass (Apr 3, 2014)

She has a student visa that ends in January 2016, I was born in the UK

If it's simply a matter of meeting the requirements of salary, proof of relationship, and living conditions, i am confident we can do that. I wonder however if it's worth going back to America for a few years to see how the first batches of ILR in 2017 go.


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## nyclon (Apr 3, 2011)

The risk in that is that the rules change setting a higher bar that you may not be able to reach


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## Highpass (Apr 3, 2014)

That's true. 

If we were successful in meeting the partner of settled person 2 year visa, does that have any bearing on the success of the 5 year application or is that completely standalone?


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## nyclon (Apr 3, 2011)

You have to meet the requirements at each visa application but if you continue to meet the financial, accommodation and relationship requirements and have the documentation to back it up, you are worrying for unnecessarily.


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## Highpass (Apr 3, 2014)

Ok, thanks nyclon


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## Highpass (Apr 3, 2014)

Nyclon,

Apparently I'm an idiot. Can you confirm that the first thing to do is apply for the 2 year "apply to remain in the UK with family" visa? 

Then extend that for the 5 years, then apply for the 5 year ILR visa?


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## nyclon (Apr 3, 2011)

Highpass said:


> Nyclon, Apparently I'm an idiot. Can you confirm that the first thing to do is apply for the 2 year "apply to remain in the UK with family" visa? Then extend that for the 5 years, then apply for the 5 year ILR visa?


As you are in the UK you 1st apply for FLR (M) which is good for 2 1/2 years after which you renew for another 2 1/2 years. After 5 years and passing the Life in the UK test you apply for ILR.


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## Highpass (Apr 3, 2014)

Got it. Thanks again


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## Crawford (Jan 23, 2011)

Highpass said:


> She has a student visa that ends in January 2016, I was born in the UK
> 
> If it's simply a matter of meeting the requirements of salary, proof of relationship, and living conditions, i am confident we can do that. I wonder however if it's worth going back to America for a few years to see how the first batches of ILR in 2017 go.


Going back to the US means that SHE has to sponsor you. Financial requirements, accommodation all the same things as the UK require; and the spouse visa takes 6 to 10 months these days.

...... and there is no unmarried partner visa - you'll have to marry.


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## Crawford (Jan 23, 2011)

Highpass said:


> I am also trying to ascertain how probable it is that (assuming all criteria are met) we would be granted the visa.


If you fulfill the criteria then there is every chance you will be granted the visa.


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## Highpass (Apr 3, 2014)

Hi Crawford, regarding going back to the US I already have permanent residency there - I'm actually eligible for naturalisation by now - so it is an option.

I'll go over the forms again and ensure there's nothing we're overlooking, as at first glance, well first ten glances, we seem to be ok.


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## nyclon (Apr 3, 2011)

Highpass said:


> Hi Crawford, regarding going back to the US I already have permanent residency there - I'm actually eligible for naturalisation by now - so it is an option.
> 
> I'll go over the forms again and ensure there's nothing we're overlooking, as at first glance, well first ten glances, we seem to be ok.


Do you mean you have a Green Card? They are not good indefinitely if you are not actually residing in the US. If you are out of the US for 2 years (?-not positive on that) you'll have to apply again.


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## Joppa (Sep 7, 2009)

One year without re-entry permit, 2 years with. But even then, you can lose permanent resident status if you don't maintain residence in US, or circumstances are such that you are deemed to have abandoned PR.


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## Highpass (Apr 3, 2014)

Yes, I've got a re-entry permit and have kept obvious financial ties to the US. I understand it's up to the immigration officer to deem whether or not I have abandoned my residency, but would think given the precautions taken that wont be an issue. We've only been out of the country 5 months so far.


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## Joppa (Sep 7, 2009)

Anything 6 months or more and they will start asking questions.


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## Highpass (Apr 3, 2014)

Is it fair to say that if the reason we have been gone for over 6 months is due to my partner studying a short course, and that i've continued to earn a US salary and pay US taxes, continued to pay US-based agreements and kept up with insurances agreements and what not, that I ought not worry too much about this? I realise it's always up to the officer in question.


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## Joppa (Sep 7, 2009)

You should be ok eventually, but I'm told border officers aren't noted for civility like in UK and can get really aggressive, so you may have an unpleasant experience.


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## Highpass (Apr 3, 2014)

Oh I've had that once before. First time I flew to the US - alone and but a nipper - i was sent to secondary inspection where I sat nervously before being grilled for 2 hours by a 6ft tall angry copper. It was all fine eventually, but wow, what an experience.


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