# unmarried partner vs settlement visa



## matefl93 (May 23, 2010)

In August, my partner will be relocating to Britain on a Tier 2 visa. I"m trying to determine which visa is the best option for me to use to join her - an unmarried partner visa or a settlement visa? 

From what I've read on the Unmarried/Same-sex partners section of the UK Border Agency website, I believe I meet all the requirements for the unmarried partners visa. However, from my understanding, that would mean having to adjust my status to the settlement visa 24 months later for an additional fee. 

A section a little further down on that same page states:

_We may be able to give you permission to live permanently in the UK as soon as you arrive, if:

* you and your partner have been living together for at least four years as if you were married or in a civil partnership;
* you have spent those four years living together outside the UK; 
* you are both coming to the UK to settle here together; and
* you have sufficient knowledge of the English language and life in the UK. (You do not need to meet this last requirement if you are aged 65 or over.)_

I believe I meet all these requirements as well. When I go to the Settlement section of the UK Border Agency website, however, I cannot find any mention of this specific situation. 

Any information/advice anyone might be able to offer would be greatly appreciated. Thanks.


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## Joppa (Sep 7, 2009)

matefl93 said:


> In August, my partner will be relocating to Britain on a Tier 2 visa. I"m trying to determine which visa is the best option for me to use to join her - an unmarried partner visa or a settlement visa?
> 
> From what I've read on the Unmarried/Same-sex partners section of the UK Border Agency website, I believe I meet all the requirements for the unmarried partners visa. However, from my understanding, that would mean having to adjust my status to the settlement visa 24 months later for an additional fee.
> 
> ...


You can only get a settlement visa if your partner is already settled in UK or is a British citizen with the right of abode. So in your case, the only visa you can get is a dependent or a family visa as an unmarried partner, and your stay in UK will be subject to your partner remaining in UK on her Tier 2 visa. Go to Tier 2 visa section of UKBA site and find out what you need to do to get your dependent visa. You cannot settle in UK (apply for indefinite leave to remain) until you have lived in UK for 5 years.


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## matefl93 (May 23, 2010)

Joppa said:


> You can only get a settlement visa if your partner is already settled in UK or is a British citizen with the right of abode. So in your case, the only visa you can get is a dependent or a family visa as an unmarried partner, and your stay in UK will be subject to your partner remaining in UK on her Tier 2 visa. Go to Tier 2 visa section of UKBA site and find out what you need to do to get your dependent visa. You cannot settle in UK (apply for indefinite leave to remain) until you have lived in UK for 5 years.


Thanks for the clarification, Joppa. Does the 5 year requirement to obtain ILR also apply to my partner's status? I looked up the term "Settled" in the UKBA glossary and noticed the term "Settled Worker". Will my partner be considered a Settled Worker once she starts working in the UK, or will she have to be there for at least 5 years before she's considered Settled? In other words, would it make a difference if I waited to apply until after she's already started working because then she would be considered a settled worker? 

Thanks, again.


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## Joppa (Sep 7, 2009)

matefl93 said:


> Thanks for the clarification, Joppa. Does the 5 year requirement to obtain ILR also apply to my partner's status? I looked up the term "Settled" in the UKBA glossary and noticed the term "Settled Worker". Will my partner be considered a Settled Worker once she starts working in the UK, or will she have to be there for at least 5 years before she's considered Settled? In other words, would it make a difference if I waited to apply until after she's already started working because then she would be considered a settled worker?


It will take your partner 5 years to gain settled status, i.e. indefinite leave to remain or permanent residency. You should apply for your unmarried partner or dependent visa at the same time as she applies for her Tier 2 visa, i.e. on the same application form.


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## matefl93 (May 23, 2010)

Joppa said:


> It will take your partner 5 years to gain settled status, i.e. indefinite leave to remain or permanent residency. You should apply for your unmarried partner or dependent visa at the same time as she applies for her Tier 2 visa, i.e. on the same application form.


Thanks, again, Joppa. Unfortunately, while in the process of filling out my dependent unmarried partner online application, we realized that my partner checked the wrong box under marital status. She checked single instead of unmarried partner. I haven't submitted my application yet, but she already paid for hers, but didn't send in her supporting documents yet. Am I (or both of us) at risk of having our applications denied if I send in my application for dependent unmarried partner, with her as the main sponsor, but she didn't include me in her application? 

Do you have any suggestions as to what we can do to rectify this error? Would including an explanatory note in our package of supporting documents help any? (We have plenty of documents to show that we have been living as unmarried partners for more than 4 years.) Or am I better off applying for my own Tier 1 General Migrant visa now instead? 

Once again, any advice you can offer would be greatly appreciated.


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## Joppa (Sep 7, 2009)

matefl93 said:


> Thanks, again, Joppa. Unfortunately, while in the process of filling out my dependent unmarried partner online application, we realized that my partner checked the wrong box under marital status. She checked single instead of unmarried partner. I haven't submitted my application yet, but she already paid for hers, but didn't send in her supporting documents yet. Am I (or both of us) at risk of having our applications denied if I send in my application for dependent unmarried partner, with her as the main sponsor, but she didn't include me in her application?
> 
> Do you have any suggestions as to what we can do to rectify this error? Would including an explanatory note in our package of supporting documents help any? (We have plenty of documents to show that we have been living as unmarried partners for more than 4 years.) Or am I better off applying for my own Tier 1 General Migrant visa now instead?
> 
> Once again, any advice you can offer would be greatly appreciated.


The two forms need to agree, otherwise there is a real risk of your application(s) being refused. I suggest you speak to the visa processing agent (WorldBridge) about correcting your partner's application, or anything else you can do to redeem the situation.
As for applying for your own Tier 1 visa, that will be an alternative, provided you have the points and meet other conditions for that visa. You will then have to submit your application as a single person without any reference to your partner, and you have to meet your financial requirements without taking her status into account (as a couple you can pool your income and savings etc). Remember, an unmarried partner visa gives you right to work in UK automatically, provided your partner's visa is for 12 months or longer.
Of the two, I'd have thought it will be easier to be approved for unmarried partner/dependent visa provided there is no difficulty for her to get Tier 2 with sponsorship etc, but before you submit your application, do talk to WorldBridge about it by sending an email quoting your partner's application number:
https://www.visainfoservices.com/Pages/SendAnEmail.aspx


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## matefl93 (May 23, 2010)

Joppa said:


> The two forms need to agree, otherwise there is a real risk of your application(s) being refused. I suggest you speak to the visa processing agent (WorldBridge) about correcting your partner's application, or anything else you can do to redeem the situation.
> As for applying for your own Tier 1 visa, that will be an alternative, provided you have the points and meet other conditions for that visa. You will then have to submit your application as a single person without any reference to your partner, and you have to meet your financial requirements without taking her status into account (as a couple you can pool your income and savings etc). Remember, an unmarried partner visa gives you right to work in UK automatically, provided your partner's visa is for 12 months or longer.
> Of the two, I'd have thought it will be easier to be approved for unmarried partner/dependent visa provided there is no difficulty for her to get Tier 2 with sponsorship etc, but before you submit your application, do talk to WorldBridge about it by sending an email quoting your partner's application number.



Thanks for the helpful advice, Joppa. We already sent an email to WorldBridge asking the exact same things you suggested. Hopefully, they'll be able (willing!) to make the correction. Otherwise, it looks like I may have to go the Tier 1 route...


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