# Engaged but applying for Unmarried Partner Visa



## thomasvv (Mar 30, 2010)

Hi guys

Has anyone been in this situation or know the answer to the following?

Background:
My partner is from the UK, Im Australian. We got engaged a year ago, having been together and living together for more than 2 years. He lives in England and Im going home to apply for the Unmarried/De facto UK Visa. We have more than enough proof regarding living together (relationship akin to marriage) required by immigration.

Does anyone know if we HAVE TO apply for the Fiance Visa because we're engaged? Or can we just go ahead with the De facto Visa? Will saying we're engaged mean we are ineligible for the De facto visa? We ask this because although we are engaged we do not plan to marry for over a year.

We tried to find the answer via the immigration website and made a few phone calls with no answers. There is an information line in Australia but because we are currently in the UK the Aussie 1900 numbers don't work overseas. 

Any input would be appreciated

Thanks

ThomasVV


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## gazroly (Jan 13, 2010)

Hi there, we ware in the same sort of situation. I'm a UK citizen and my partner is Australian, living with me here in the UK. We are engaged, but we are applying for a de-facto partnership. Iv'e told them that we are engaged but like you said, we don't plan on getting married till a year or more. With Australia if you apply for the Fiance visa then you have to get married within a certain time (I think it 8 months?) could be wrong. So thats why we applied as just a De-facto couple. We're sending all our forms in soon so hopefully all will be ok! I'll keep you posted if I learn anything new!


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## Joppa (Sep 7, 2009)

gazroly said:


> Hi there, we ware in the same sort of situation. I'm a UK citizen and my partner is Australian, living with me here in the UK. We are engaged, but we are applying for a de-facto partnership. Iv'e told them that we are engaged but like you said, we don't plan on getting married till a year or more. With Australia if you apply for the Fiance visa then you have to get married within a certain time (I think it 8 months?) could be wrong. So thats why we applied as just a De-facto couple. We're sending all our forms in soon so hopefully all will be ok! I'll keep you posted if I learn anything new!


You can apply for unmarried partner visa even if you are engaged, because a fiancé visa forces you to be married within 6 months of arriving (back) in UK. Provided you satisfy all the requirements for unmarried partner visa, it will be valid for 27 months (normally) and then you can apply for indefinite leave to remain (ILR).


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## londonlove (Mar 16, 2011)

Joppa said:


> You can apply for unmarried partner visa even if you are engaged, because a fiancé visa forces you to be married within 6 months of arriving (back) in UK. Provided you satisfy all the requirements for unmarried partner visa, it will be valid for 27 months (normally) and then you can apply for indefinite leave to remain (ILR).


I'm in the same situation, American living with my British boyfriend. What concerns me is that if we apply for the unmarried partner visa, when we get married in a year or so, do we then have to re-apply for the married visa?


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## Joppa (Sep 7, 2009)

londonlove said:


> I'm in the same situation, American living with my British boyfriend. What concerns me is that if we apply for the unmarried partner visa, when we get married in a year or so, do we then have to re-apply for the married visa?


No you don't. Just apply for ILR after 2 years.


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