# Unmarried Partner Visa Application



## amnp (Feb 5, 2012)

Hi Joppa,

I'm a Canadian from Quebec and am working in London under a Youth Mobility Scheme Visa since July 1st 2010. However, I'm living with my partner, who is Irish and settled in the UK, officially since March 2010. After reading some of the posts and replies you've wrote, I know I can apply, within the UK, before the end of my current visa to switch/swap for the 'Unmarried Partner Visa' as we will have been living together for 2 years in March.

I was in the UK on holidays only between January and April 2010. I was living with my partner at that time but can only prove that we were officially living together from March 2010 as we started a new tenancy agreement on that date. I left the UK (to go back to Canada to apply and get the 'YMS' visa) between the 12 of April and 12 of June 2010. I came back and started working the 1st of July. 

In March 2012, I will be able to prove that we were living together for 2 years. Given that I was out of the country between April and June 2010, do I qualify for the 2 year period in March 2012 or do I have to wait until June 2012 because of my absence for those two months. Technically, we have been living together from January 8th 2010.

The reason why I ask is because if I can apply for the Unmarried Partner Visa from March, I will not have to leave the country and reapply when my 'YMS' visa expires on July 1st 2012.

Thanks!

Anne-Marie


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## nyclon (Apr 3, 2011)

For an EEA Family unmarried partner permit, you must be able to prove that you have been living together continuously in a relationship akin to marriage for 2 years. The 2 month break you had while you were in Canada means you will have been living together for 2 years "officially" as of July 2012, not March.


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## Joppa (Sep 7, 2009)

amnp said:


> Hi Joppa,
> 
> I'm a Canadian from Quebec and am working in London under a Youth Mobility Scheme Visa since July 1st 2010. However, I'm living with my partner, who is Irish and settled in the UK, officially since March 2010. After reading some of the posts and replies you've wrote, I know I can apply, within the UK, before the end of my current visa to switch/swap for the 'Unmarried Partner Visa' as we will have been living together for 2 years in March.
> 
> ...


It may be a bit tight but may just be possible. It's permissible to combine periods covered by more than one visa to arrive at 2 years of cohabitation. Your two months' absence need to be covered by evidence of keeping in touch, such as email, texts, letters, phone and skype. You don't need to show content but evidence of having made those calls and sent texts etc from your record.

It would be better to delay applying until June, when you have full two years' uninterrupted evidence of cohabitation. If your YMS visa doesn't expire till 1st July, you still have time. 
You have a choice of applying either under European regulations for a non-EU partner of an EU citizen, or under UK immigration rules of unmarried partner of a settled person. While the criteria are similar, there is a big difference in fees (£550 or £850 for partner visa and free under EU rules) and eligibility for indefinite leave to remain, which is 2 years for unmarried partner leave and 5 years under EU rules.

Remember the rules for family migration are changing and it looks likely that by the time you apply, qualifying period will have been raised to 5 years for all categories.


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