# A Simple Question About the 2 year cohabitation requriement of unmarried partner visa



## lisaP58 (Feb 21, 2013)

Hello Everyone,

I have read the UKBA website about 100 times and have been VERY VERY through. 

My issue is that I* cannot see ANY 2 year cohabitation requirement on the UKBA website for the unmarried partner visa (application FLR(M)). *

And yet when I read the websites of Immigration solicitors and website forums ALL of them say that it is a strict requriement!!!!

So I am getting very confused as to who I should believe.... the UKBA or immigration solicitors...???

You can look for yourself by copy-pasting the following after the usual UKBA website for proof that it's not listed as a requriement on their website (and I have checked EVERYWHERE): 
visas-immigration/partners-families/citizens-settled/spouse-cp/can-you-apply/


Does anyone know why there is this difference??? Is it the newly changed immigration rules???

Based upon the UKBA requirements stated on their website, I qualify for the visa. But if two years are needed then I don't qualify yet...

So this difference is quite important and I am afraid to apply for the visa and get refused.... not to mention lose out on A LOT of money.... any advice?

Why would the UKBA not list it as a requirement if it was, in fact, a requirement???


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## 2farapart (Aug 18, 2011)

Hello and welcome! 

No, not new rules at all, I'm afraid - just information difficult to dig out at UKBA. The rule can be found in this link: http://www.ukba.homeoffice.gov.uk/p...ationrules/part8/unmarriedandsamesexpartners/



> (i) (a)(i) the applicant is the unmarried or same-sex partner of a person present and settled in the United Kingdom or who is on the same occasion being admitted for settlement and the parties have been living together in a relationship akin to marriage or civil partnership which has subsisted for two years or more;


This requirement exists because there is no other 'official' way to prove the relationship between two unmarried people is intended to be permanent. UKBA don't want to force you to marry in order to be able to live in the UK together, but the unmarried-partners option also has potential to leave a big back-door open for non-genuine applicants too, and the 2-year rule is there to thwart abuse of this particular visa.


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## Joppa (Sep 7, 2009)

lisaP58 said:


> Hello Everyone,
> 
> I have read the UKBA website about 100 times and have been VERY VERY through.
> 
> ...


It's buried rather deep in the rules, but it's still there:

_'An applicant applying as an unmarried partner or same sex partner must have been living with their partner in a relationship akin to a marriage or civil partnership *for at least two years *prior to the date of application.'_

http://www.ukba.homeoffice.gov.uk/s...dlaw/IDIs/chp8-annex/partners.pdf?view=Binary Page 12.

And the actual Immigration Rule in http://www.ukba.homeoffice.gov.uk/p...ationrules/part8/unmarriedandsamesexpartners/ 295A (i) (a)(i).


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## Joppa (Sep 7, 2009)

And the two-year stipulation isn't something the UK government has fetched out of thin air, but it's generally common to other countries' requirement in similar cases.


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## lisaP58 (Feb 21, 2013)

2farapart said:


> Hello and welcome!
> 
> No, not new rules at all, I'm afraid - just information difficult to dig out at UKBA. The rule can be found in this link:
> 
> ...


Thanks a lot for the very accurate and quick response! The UKBA website is so ridculously riddling it can make you pull your hair out!!! 

I can obviously understand why this "2 year rule" is in place, but every relationship is different and time is no measure for how much two people love each other. 

I just can't comprehend why they don't put it on the "can I apply?" page where it should be.

At any rate, I'm still allowed to stay here on a Tier 4 until January 2014, but I wanted to get the ball rolling because I know how long the UKBA can take to process applications . 

*If me and my boyfriend were engaged, would that change anything? Or would we have to be officially married?
*
We have talked about marrage, but we don't like feeling rushed by visa requirments... it would take away from the big day, I think.... not to mention add tons of stress...

And I already know about all the other options of switiching, but have ruled them out because it would be hard-impossible to fill the work visa requirments.... unless someone wants to give me a job that pays above 140,000 pounds!!! hahahahahaha

Hmmmm.... goodness this is depressing....


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## lisaP58 (Feb 21, 2013)

Sorry for posting again so quickly... but I was just reading up on the finace guides on "giving notice to marry" and it says it's valid for a year, which would be fine. 

However, I was wondering if this means it is valid for a year, but doesn't count as a new visa for "leave to remain"... meaning the wedding would have to happen within the expiry of my current visa.

And also can I work, etc. while in this this category???? (I'm thinking not... but it's worth a gander...)


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## 2farapart (Aug 18, 2011)

In order to apply for Further Leave To Remain from within the UK, you have to do so as unmarried-partners already meeting the 2-year living together rule, or you need to be married already (which then removes the 2-year time limit).

Another option would be to return home after your Tier 4, then when you are ready to marry, apply for a fiancée visa. However, this would mean more flight costs AND an additional visa cost. So it might be an idea to think through your plans together and, if you intend to marry in the future, do so before January 2014, and then apply after for FLR as the married partner of a UK settled person. 

For all the partner-based visas, there needs to be a minimum income (earnt in the UK) meeting £18,600 or more before tax. If you decide to return home before applying, only your partner's income will count.


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## lisaP58 (Feb 21, 2013)

2farapart said:


> In order to apply for Further Leave To Remain from within the UK, you have to do so as unmarried-partners already meeting the 2-year living together rule, or you need to be married already (which then removes the 2-year time limit).
> 
> Another option would be to return home after your Tier 4, then when you are ready to marry, apply for a fiancée visa. However, this would mean more flight costs AND an additional visa cost. So it might be an idea to think through your plans together and, if you intend to marry in the future, do so before January 2014, and then apply after for FLR as the married partner of a UK settled person.
> 
> For all the partner-based visas, there needs to be a minimum income (earnt in the UK) meeting £18,600 or more before tax. If you decide to return home before applying, only your partner's income will count.


Thanks so much for the information and the very quick response!

Those do seem like the only two viable options. I'll talk to my partner about it and we'll figure out what we want to do.

I still have plenty of time to figure it out.... but it is a very important decision.

And thanks for the reminder about the financial requirments. We fill that requirment .... unless he is made redundant...  But probably not. Hopefully. 

Thanks again!!!!


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## 2farapart (Aug 18, 2011)

Many people come here with a month or less left on their current visa, so it's nice to be able to say "have a think about it" rather than "why didn't you come here 3 months ago?!" 

Not wishing to cast any blight or be the Prophet of Doom, if you seriously do think there's a chance your partner could lose his job and you do 'someday' intend to marry, even if you want to plan for a big wedding later, you could always arrange a quick Register Office ceremony now just to get the legality out of the way. It is sensible not wanting to rush into an unplanned marriage for the sake of a visa, but the worst thing about visas is that they can control what happens to the rest of your lives.

Good luck in whatever you decide.


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## elysebaril (Jan 20, 2012)

Joppa said:


> It's buried rather deep in the rules, but it's still there:
> 
> _'An applicant applying as an unmarried partner or same sex partner must have been living with their partner in a relationship akin to a marriage or civil partnership *for at least two years *prior to the date of application.'_
> 
> ...


Applying for unmarried partner visa. Been living with my partner since March 2011. Because I could not get work here, the first year or so, I was flying back to Canada quite frequently to visit/work. I still spend most of my time in the UK. Will they deduct those days out of the UK and not with my partner of the time spent together? 

Thanks for your help


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