# Seeking UK Unmarried Partner Visa Advice



## HarleyQuinn (Feb 18, 2012)

Hello Everyone,

I posted this on a Lonely Planet forum, but just reposting and looking for any more answers.
 I'm looking for some advice regarding a UK Unmarried Partner Visa I will be applying for later this year.

I am a US citizen, my partner is a British citizen, and we have been together for over a year now. We are looking to apply for this visa in November 2012. We met online in August 2010 and began a romantic relationship as soon as we physically met in England in November of 2010. I stayed until a week into December and stayed at my partner's house during my stay. I returned for a month-long stay in February which ended at the end of February, also living at my partner's house. In April of 2011, he joined me in the States for a month before we began a Working Holiday in Australia in May of 2011 and we've now been living in Australia for 9 months. We have set up a joint bank account, two rental agreements with our names, pictures together from all the travelling we've been doing, and correspondence linking us to the same addresses. We are also working together at the same places since we're up for the same type of "traveller work" in Australia, I don't know if that would help our application since we were together ALL THE TIME (ha). Definitely spent most, if not all, our time together, so that may also go towards the "relationship akin to marriage" requirement. I also have an addressed envelope I received whilst in England in February of 2011. At the end of our Australian visa, we are planning on visiting Asia for a month or two (depending on money and how long we need to stay out of the UK to apply for the visa), then going back to the States for the 3 months he can stay as a visitor, and finally settling in the UK ideally (so long as the visa can be granted) around November of 2012. I have quite a few questions:

I would just like to make sure that I am eligible to apply for the Unmarried Partner Visa 2 years after we physically met, since we have always lived together since we've met. Will this be viewed as a legitimate point of commencement for our relationship since we've pretty much always enjoyed a relationship akin to marriage since that point? 

Since I am not able to apply for the visa until November, can I apply for Entry Clearance before I am ready to apply for the visa? 

Will I be granted Entry Clearance as an applicant of an Unmarried Partner Visa before I am eligible to apply for the visa if the Border Agency is aware of my intentions? 

Furthermore, if I am granted Entry Clearance, can I enter the UK as soon as it is granted? 

Is there a separate fee for Entry Clearance and one for the Unmarried Partner Visa? Or can it be combined?

Does anyone know if the Border Agency is EVER lenient with the 2-year "living together" rule? Meaning we started living together straightaway, but didn't have rental agreements together until much later, as we had been staying at his mum's house for the time I was in England and didn't require rental agreements or utility bills.

Does anyone have experience with an immigration lawyer? 

I know I've asked a lot of questions, but hopefully someone can help me here. We're beginning to plan out the rest of the year so as to make sure we will be together the right amount of time and that we are following the proper visa time allotments for each country we're in. I have read into the requirements on many different websites, but I am seeking clarification. We really don't want to go the marriage route just to be together, so please help! Any other information, such as processing times, own experiences, stringency of visa requirements, various costs, tips, etc. would be greatly appreciated. 

Thanks!


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## nyclon (Apr 3, 2011)

You have to have lived together for a continuous period of 2 years. Looks like you had a break of a couple of months, so probably no.

Immigration rules are tightening so don't expect leniency.


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## Joppa (Sep 7, 2009)

HarleyQuinn said:


> Hello Everyone,
> 
> I posted this on a Lonely Planet forum, but just reposting and looking for any more answers.
> I'm looking for some advice regarding a UK Unmarried Partner Visa I will be applying for later this year.
> ...


While it's better to have documentary evidence of 2 years of uninterrupted cohabitation, the UKBA do accept cases where a couple have used a series of 'tourist' and other visas to live together, with a short gap in between. Travelling together in Asia doesn't count as cohabitation so you need to leave that period out.



> Since I am not able to apply for the visa until November, can I apply for Entry Clearance before I am ready to apply for the visa?


Just to be clear about terminology: visa and entry clearance are the same thing. Both relate to a permission in the form of a sticker placed in your passport allowing you entry into UK under the terms of the particular permission, such as work, marriage or settlement. 



> Will I be granted Entry Clearance as an applicant of an Unmarried Partner Visa before I am eligible to apply for the visa if the Border Agency is aware of my intentions?


The question doesn't make sence. You apply for your visa/entry clearance when you can meet all the conditions. 



> Furthermore, if I am granted Entry Clearance, can I enter the UK as soon as it is granted?


Every visa has two dates on it: 'valid from' and 'valid until'. You can only enter UK from the first day of validity. When you apply, you can ask your visa to be postdated by up to 3 months. 



> Is there a separate fee for Entry Clearance and one for the Unmarried Partner Visa? Or can it be combined?


The question is tautological.



> Does anyone know if the Border Agency is EVER lenient with the 2-year "living together" rule? Meaning we started living together straightaway, but didn't have rental agreements together until much later, as we had been staying at his mum's house for the time I was in England and didn't require rental agreements or utility bills.


Yes, but in that case you must supply other evidence of cohabitation, such as joint bank account, official letters sent to the same address or a letter of confirmation from householder. But when you combine all those periods of living together, it must come to at least 2 years (not even a few days short) or you may be rejected for a visa.



> Does anyone have experience with an immigration lawyer?


No, but you don't need them. 



> I know I've asked a lot of questions, but hopefully someone can help me here. We're beginning to plan out the rest of the year so as to make sure we will be together the right amount of time and that we are following the proper visa time allotments for each country we're in. I have read into the requirements on many different websites, but I am seeking clarification. We really don't want to go the marriage route just to be together, so please help! Any other information, such as processing times, own experiences, stringency of visa requirements, various costs, tips, etc. would be greatly appreciated.


Other than cohabitation rules, do you have adequate finance to maintain the both of you without recourse to public funds? Does your partner have a job in UK or one lined up? How much savings? Where are you going to live?

Remember that rules for family migration (such as unmarried partnership) are currently under review and the new rules are rumoured to have much more stringent financial requirement, with up to £26,000 UK annual income required by UK sponsor (partner) and no external help or savings being taken into account. We don't know the details or when they will come in, but it's possible you may be affected.


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## HarleyQuinn (Feb 18, 2012)

Thanks for your response, nyclon.

Thanks Joppa. I didn't realise there was no difference in Entry Clearance and the actual visa itself. I was confused since I have never needed a visa before when travelling to the UK. You have clarified immensely, but this does bring up more questions for me, if you don't mind answering.

Our plan was to go back to the UK towards the time I can apply for the visa (2 years being in a "relationship akin to marriage") so that he could visit his family and I would just enter as a visitor, but since I plan to apply for an Unmarried Partner Visa eventually, does this mean I have to leave the UK before I apply? I see that there are different fees for applying outside the UK and for applying within under a (FLR). Fuzzy on that, too.

Also, we would really only have rental agreements and joint bank statements from Australia, as we have had to get our entirely own place for the first time here. Previously we lived with our parents and when one would visit the other we would stay at the other's parents' house with each other. Does this pose a problem, since we only have these documents (rental agreements, bank accounts) that commenced 5 months into our relationship since we first got them upon living in Australia? We have mail that arrived to us at the other's address, but no formal "bills" or anything like that. 

And once we leave Australia this May, we will be travelling (like you said, that won't be considered cohabiting) in Asia, and once we get back to the States, we would just be staying at my father's house (where we would just rent out a bedroom without a rental agreement, since he's my father) for the 3 months, so we really wouldn't have any sort of formal agreements to show for our time together, although we really spend 95% of our time together since we live and work together and have been this entire time in Australia. Should we have my father draw up a rental agreement or something? Felt funny asking that, ha.

Does this mean that the 2 year "relationship akin to marriage" only began when we came to Australia since that is when we actually had written rental agreements, although we had already been living together prior when we visited each other? I consider our relationship akin to marriage to have started when we started living together in England, but I don't know if the Border Agency sees it the same way.

This would be a lot easier to accomplish if we had the option to stay in Australia another year and have our full 2 year requirement period fulfilled here, but sadly, as an American citizen, I can only get a year in Australia as a Work and Holiday visa holder. My partner is on a slightly different Working Holiday subclass visa, where he is eligible for a second year, but is not going to since we want to stay together.

As far as the immigration lawyer, I didn't really want to go that route, but as you can see I have a ton of questions and I understand if it's asking a lot if I have this many questions! 

We have saved some money in Australia, well over AUD$10,000, where $10,000 is approx. 6,763 pounds at this point, and we still have some time left here, so that amount will be going up along with our superannuation/pension and tax back refunds we are due to receive. I think the final amount will be sufficient to prove we will not need recourse to public funds.

Thanks for your help.


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## Joppa (Sep 7, 2009)

HarleyQuinn said:


> Thanks for your response, nyclon.
> 
> Thanks Joppa. I didn't realise there was no difference in Entry Clearance and the actual visa itself. I was confused since I have never needed a visa before when travelling to the UK. You have clarified immensely, but this does bring up more questions for me, if you don't mind answering.
> 
> Our plan was to go back to the UK towards the time I can apply for the visa (2 years being in a "relationship akin to marriage") so that he could visit his family and I would just enter as a visitor, but since I plan to apply for an Unmarried Partner Visa eventually, does this mean I have to leave the UK before I apply? I see that there are different fees for applying outside the UK and for applying within under a (FLR). Fuzzy on that, too.


No you can't enter as a visitor and 'switch to' (=apply for) another visa such as settlement. You must return to US and apply there. No exception to this.



> Also, we would really only have rental agreements and joint bank statements from Australia, as we have had to get our entirely own place for the first time here. Previously we lived with our parents and when one would visit the other we would stay at the other's parents' house with each other. Does this pose a problem, since we only have these documents (rental agreements, bank accounts) that commenced 5 months into our relationship since we first got them upon living in Australia? We have mail that arrived to us at the other's address, but no formal "bills" or anything like that.
> 
> And once we leave Australia this May, we will be travelling (like you said, that won't be considered cohabiting) in Asia, and once we get back to the States, we would just be staying at my father's house (where we would just rent out a bedroom without a rental agreement, since he's my father) for the 3 months, so we really wouldn't have any sort of formal agreements to show for our time together, although we really spend 95% of our time together since we live and work together and have been this entire time in Australia. Should we have my father draw up a rental agreement or something? Felt funny asking that, ha.
> 
> Does this mean that the 2 year "relationship akin to marriage" only began when we came to Australia since that is when we actually had written rental agreements, although we had already been living together prior when we visited each other? I consider our relationship akin to marriage to have started when we started living together in England, but I don't know if the Border Agency sees it the same way.


For the periods you lived without formal rental agreement etc, you need to supply other pieces of evidence that show that you did live together. A letter confirming the arragement by the householder (a parent in this case) will be one, and letters from insurance company, travel company etc addressed to both of you or separate letters but bearing the same address will be another. Temporary registration with a doctor for the same address may be accepted. For evidence of start and finishing date for each period, supply travel tickets, itinerary, booking confirmation or boarding passes (if you've kept them). Do this methodically, clipped together and placed in the same plastic wallet, labelled something like 'UK stay Apr - July 2010'.



> This would be a lot easier to accomplish if we had the option to stay in Australia another year and have our full 2 year requirement period fulfilled here, but sadly, as an American citizen, I can only get a year in Australia as a Work and Holiday visa holder. My partner is on a slightly different Working Holiday subclass visa, where he is eligible for a second year, but is not going to since we want to stay together.
> 
> As far as the immigration lawyer, I didn't really want to go that route, but as you can see I have a ton of questions and I understand if it's asking a lot if I have this many questions!


Provided you can document a combined period of two years of cohabitation, with short breaks in between, you should meet this particular part of visa requirements. Now you need to ensure you will satisfy maintenance and accommodation rules.

See UK Border Agency | Chapter 8 - Family members Section 9 Unmarried relationship and Annex Z.


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## nyclon (Apr 3, 2011)

Short breaks? From the description there was a 2 month break and a 1 month break. Would those lengthy periods really be considered short?


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## Joppa (Sep 7, 2009)

nyclon said:


> Short breaks? From the description there was a 2 month break and a 1 month break. Would those lengthy periods really be considered short?


UKBA guideline is to allow a break of up to 6 months.


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