# Unmarried partner visa query/explosion



## schererjd (Jul 12, 2012)

To whom it may concern,

I am a 24-year-old US and Australian dual citizen. My partner is 23, from Cardiff, Wales. On the 16th of April, 2012, I completed my online unmarried partner application on the UKBA website. I was living in the UK on a Tier 5 Youth Mobility visa which expired on July 24th, 2012. I paid my fee of 991 pounds and received my receipt of payment.

I still had to get my supporting documents in order, including waiting a couple months until my partner and I would qualify for the 2-year co-habitation requirement of the visa. During that waiting period I realized that my current visa did not allow me to switch visas. I would have to leave and return. This meant that I would have to apply while out of the country. However, I had filled out and paid for the 'in-the-UK' visa application. I could not complete my UK visa application as, of course, it requires biometrics (which I could not get as I hadn't yet received my appointment date - which, I believe, comes after sending in the printed application and supporting documents). Nor could I apply from the US as I had filled out and paid for the UK application. Also, the US version of the application gives you an appointment to get your biometrics after finishing the online application process. You send biometrics in with the supporting documents afterwards.

I am currently in the U.S. I do not know if there's any way of transferring my existing UK application to the U.S.? I do not know if I can transfer my application fee over? As you would expect, I really do not want to pay the application fee of 991 pounds again.

I also know that the unmarried partner application requirements underwent some changes on July 9th. The application now requires you to have spent 5 years with your partner, a requirement that we do not meet (and couldn't have, as my visa was a non-renewable 2-year visa). My original application was issued on April 16th, when the requirement was only two years. If I have to re-apply in the U.S. we will not meet the requirement and my visa application will be refused.

I cannot help but feel that this must have happened to somebody else at some point. I'm sure the UKBA has a policy on this, but I'm damned if I can find an answer anywhere. The worldbridge service is pretty disappointing and costs $3/minute. I have made a call though and they responded with an email letting me know how to fill out a Set(M) form and where I could go for the settlement checking service if I lived in Scotland, Wales, England or Ireland. Not particularly helpful when I'm in Washington State, USA (which I did, of course, tell them).

To summarize:

- I have paid for the UK's online version of the Unmarried Partner's Visa application
- I am no longer in the UK as my visa there expired
- I do not know if I can transfer my application and the 991 pounds I paid as a fee
- If I have to re-apply from the USA I will not meet the 5-year co-habitation requirement

If anybody could help me with this it would be hugely, hugely appreciated. My girlfriend (a Welsh girl) lost her mother in December and we have been struggling through the grieving process ever since. I was really looking forward to a smooth application process so I could be with her during this difficult time. Instead, this whole thing has exploded due to some fine print on the bottom of Tier-5 visa rules.

Thank you so much in advance. If you have any questions please do not hesitate to get in touch.

Best wishes,

James


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## Joppa (Sep 7, 2009)

schererjd said:


> To whom it may concern,
> 
> I am a 24-year-old US and Australian dual citizen. My partner is 23, from Cardiff, Wales. On the 16th of April, 2012, I completed my online unmarried partner application on the UKBA website. I was living in the UK on a Tier 5 Youth Mobility visa which expired on July 24th, 2012. I paid my fee of 991 pounds and received my receipt of payment.
> 
> ...


You were correct in applying on FLR(M) in UK, as Tier 5 YMS does allow you to switch to unmarried partnership.

But since your visa has now expired and you are no longer in UK, your application is void. Even though you haven't yet given your biometrics, you may not get your fees back. Just write to UKBA to withdraw quoting your application reference number (if you have it). There is no way you can 'transfer' your application to US.

You will have to apply afresh in US, and it will be under the new rules. For unmarried partner, it no longer specifies any set period of cohabitation but your relationship, akin to marriage, must be genuine and durable. You now have to meet the financial requirement of £18,600 in UK income by your partner, and the probationary period for settlement is 5 years.


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## schererjd (Jul 12, 2012)

Joppa said:


> You were correct in applying on FLR(M) in UK, as Tier 5 YMS does allow you to switch to unmarried partnership.
> 
> But since your visa has now expired and you are no longer in UK, your application is void. Even though you haven't yet given your biometrics, you may not get your fees back. Just write to UKBA to withdraw quoting your application reference number (if you have it). There is no way you can 'transfer' your application to US.
> 
> You will have to apply afresh in US, and it will be under the new rules. For unmarried partner, it no longer specifies any set period of cohabitation but your relationship, akin to marriage, must be genuine and durable. You now have to meet the financial requirement of £18,600 in UK income by your partner, and the probationary period for settlement is 5 years.


Thank you so much Joppa for responding. Seriously appreciated.

So there is no way you know for me to get a refund on my 991 pound application fee? And there's no way to transfer the existing application over?

Just making sure, you're saying that the new rules for the unmarried partner visa do not specify a set period of cohabitation? Also, in what way, in your experience, do I prove a 'genuine and durable' relationship? I compiled a sizable collection of supporting documents (as I was completely prepared for the visa application, bar the biometrics) such as letters of reference, photos, bank statements, etc. Will these work?

Regarding the financial requirement, while our incomes are not equal to 18,600 pounds, both my partner and I have substantial savings through inheritance. Is this acceptable?

Just one more question, what do you mean by 'the probationary period for settlement is 5 years'?

Thank you again. You have no idea how nice it is to have somebody answer my actual questions in an intelligent manner after such incredible frustration these past few weeks. Cheers.

Best wishes,

James


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## WestCoastCanadianGirl (Mar 17, 2012)

In order for the application to be considered when The Sponsor has less than £18600 p.a., the applicant/sponsor must have savings available in the bank for a minimum of 6 months a pre-determined sum that is

(Income Shortfall x 2.5) + 16000

For example, if your Unmarried Partner's income is £18000 (shortfall of £600), then the following calculation is used by the UKBA to determine how much you need in the bank.

(600 x 2.5) + 16000 = £17500

£17500 would need to sit untouched in the bank for a minimum of 6 months before you applied.


Good luck to you.


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## WestCoastCanadianGirl (Mar 17, 2012)

You might also be interested in this document from the UKBA which spells out the new rules.

A look at Appendix D (starting on page 56) will give you a brief rundown on what the requirements are for your specific case. You'll still need to read the relevant sections of the document to get particulars for each criterion, but at least the Home Office spells out what you must do when you apply.


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## Joppa (Sep 7, 2009)

schererjd said:


> Thank you so much Joppa for responding. Seriously appreciated.
> 
> So there is no way you know for me to get a refund on my 991 pound application fee? And there's no way to transfer the existing application over?


I won't say100% impossible on refund of fees, but UKBA state when you withdraw you won't get your fees back. No, application proccesses are totally separate between UK and US, and transfer isn't possible.



> Just making sure, you're saying that the new rules for the unmarried partner visa do not specify a set period of cohabitation? Also, in what way, in your experience, do I prove a 'genuine and durable' relationship? I compiled a sizable collection of supporting documents (as I was completely prepared for the visa application, bar the biometrics) such as letters of reference, photos, bank statements, etc. Will these work?


They will help, but as new criteria have just come in and we don't have any experience with them, it's hard to see. I'd have thought if you have good enough evidence under the old rules, you at least stand a chance under the new, but more I cannot say. Read http://www.ukba.homeoffice.gov.uk/s...IDIs/chp8-annex/section-FM2.1.pdf?view=Binary



> Regarding the financial requirement, while our incomes are not equal to 18,600 pounds, both my partner and I have substantial savings through inheritance. Is this acceptable?


This has been answered above. Since you are no longer in UK, your previous income probably won't count and everything will depend on your partner's income.



> Just one more question, what do you mean by 'the probationary period for settlement is 5 years'?


Unlike 2 years under the old rules, you now have to live in UK as unmarried partner for 5 years (on settlement visa/leave) before you become eligible for indefinite leave to remain.


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## schererjd (Jul 12, 2012)

Thank you everybody for your help with this.

I am now resigned to the fact that I have lost the initial application, that it was the wrong one in the first place, and I've also lost the 991 pounds (though I will, of course, try to get that back somehow). As a result, I am now going to apply from the US.

I want to make sure this is as solid an application as possible. I will still be applying for an unmarried partner's visa, just doing it from the US now. Because my partner and I lived in the UK for two years (I was on a two-year visa) we do qualify for this visa, yes?

I'm assuming the application process is similar to the one I did in the UK. Which application will I be using using, now? Is there an equivalent US form to the FLR(M) I should have used in the UK? Or do I just fill out the online one and that's it?

Please correct me if I'm wrong:
I go to the visa4uk website, start an online application, fill in all the required boxes, pay for it and then they will give me the opportunity to make a biometric appointment. Once I attend the appointment I compile the biometric information and my supporting documents (meeting the financial requirement, 'durable/healthy' relationship requirement, and co-habitation of 2 years requirement, as well as passport photos and original passports). I also print out and complete the VAF4A form and the VAF4A Appendix 2 forms (both??). I send these to New York (optional 300 dollar extra for quicker processing). 

Am I missing anything? The Set(M) form I incorrectly completed and printed out in the UK had a checklist at the end. Am I safe to assume the one in the US has the same thing? 

Also, just making sure, my savings (or those of any supporting family) have no relevance in the unmarried partner application whatsoever? I understand my income while in the UK may have no relevance, but what about my savings (surely these are international, yes?). 

My partner's mother only recently passed away, so her inheritance/savings will not have been in her account for 6 months until October, so (if my savings don't count) I shouldn't complete the online application until then either, yes? I've gotten in trouble before for completing and paying for the online application before I had all the supporting documents ready. Does anybody know the time limit between completing the online application and sending in the supporting documents?

Thank you, thank you, thank you. I've said it before, and I'm sure you guys hear it all the time, but this is immensely appreciated. The visa application process is an incredibly confusing and trying thing, and (even though, recently, I haven't gotten very much good news - my own fault, of course) it is great to get some real-life answers to my questions.

So cheers and best wishes,

James


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## 2farapart (Aug 18, 2011)

schererjd said:


> Thank you everybody for your help with this.
> 
> I am now resigned to the fact that I have lost the initial application, that it was the wrong one in the first place, and I've also lost the 991 pounds (though I will, of course, try to get that back somehow). As a result, I am now going to apply from the US.
> 
> ...


Here you go - this link should get you on your way. It is the route for people applying from overseas for unmarried partners: UK Border Agency | Applying from outside the UK. In fact, the process is now the same for unmarried and married partners, except there's more burden of proof of you having lived together. No time limit is actually mentioned, but try to provide evidence of your full two years, and any shared assets such as bank accounts, any shared bills etc. One thing I did during my partner's last visit to the UK was add her name to all my bank accounts. It was an oh-so-long 2-hour interview with the bank, form filling etc - but very worth it. For unmarried partners, it is vitally important to prove that your relationship is genuine and subsisting. One thing worth thinking about: given that you will need to live 5 years together anyway in order to stay in the UK, if you are both very serious about your relationship, it might be better to consider getting married. There is no set time limit you must prove for living together by using the fiance/spouse routes. You could marry here (will mean an extra visa for a first 6 months) or marry in the US.



> Also, just making sure, my savings (or those of any supporting family) have no relevance in the unmarried partner application whatsoever? I understand my income while in the UK may have no relevance, but what about my savings (surely these are international, yes?).
> 
> My partner's mother only recently passed away, so her inheritance/savings will not have been in her account for 6 months until October, so (if my savings don't count) I shouldn't complete the online application until then either, yes? I've gotten in trouble before for completing and paying for the online application before I had all the supporting documents ready. Does anybody know the time limit between completing the online application and sending in the supporting documents?


Savings can be joint between the two of you. If any supporting family gives you money, then it has to be a gift (ie not a loan) and must have sat in your account for the prior 6 months before you apply. So don't apply any sooner if you're using savings as part of the equation.

Normally, the time span between you completing the online application, having your biometrics taken and then sending off the paper pack is around two weeks, but also allow time for your partner to send you her papers (photocopy passport, proof of where you'll be living etc) as this for us was the longest part (though I did make a bad mistake of using Royal Mail's Airsure - insert laughs here for the 'sure' bit)! It is usually worth paying the extra for premium service BUT you have that prior application - which might or might not need them to 'look into it' (usually involves them contacting the UK to ensure everything checks out). Joppa might be able to advise better on whether in your case the premium service is sensible or not.

I'm sorry your last application went wrong. You won't be the first OR the last, I'm sure - and I hope it works out for you. Good luck!


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## elysebaril (Jan 20, 2012)

WestCoastCanadianGirl said:


> In order for the application to be considered when The Sponsor has less than £18600 p.a., the applicant/sponsor must have savings available in the bank for a minimum of 6 months a pre-determined sum that is
> 
> (Income Shortfall x 2.5) + 16000
> 
> ...


Quick question. 

Can you switch from Tier 2 visa to unmarried partner visa? 

If you do meet the £18,600, do you also need evidence of savings? (I didn't think so.) 

Thanks, 

Elyse


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