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Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2, Administrator
Thanks for your help guys. If she returns to japan and get the work and travel visa... can she come to the uk and live here for 2 years with me and use those 2 years to qualify for a unmarried partnership visa?Casa wrote:Obie, the OP says they've only been together a few months and they don't live together.
Susi he said there is 1 year left on her visa.Casa wrote:Obie, the OP says they've only been together a few months and they don't live together.
Yes the 2 years would count as long as you show joint commitments throughout the 24 months, finances, lease etc as you would expect to see in a relationship 'akin to marriage'.tariqbutt wrote:Thanks for your help guys. If she returns to japan and get the work and travel visa... can she come to the uk and live here for 2 years with me and use those 2 years to qualify for a unmarried partnership visa?Casa wrote:Obie, the OP says they've only been together a few months and they don't live together.
What does this mean exactly?Obie wrote: There is no way i am giving a thumbs up to OP succeeding.
Yes as long as the gap in no longer than a few months. A short gap in the middle of the co-habitation period is allowed as long as you have documented evidence of the initial 6 months and proof of contact between you while she is arranging her Tier 5 visa.tariqbutt wrote:What does this mean exactly?Obie wrote: There is no way i am giving a thumbs up to OP succeeding.
Is establishing such a relationship extremely difficult? Is there a guide or advise available on "ticking the boxes"?
Also is it cumulative? What I mean by this is if we say live together for 6 months and then she goes back to japan... can she then apply for the work and travel visa and then add that 6 months onto whatever time we live together while she returns to the uk on that visa?
Finally if she returns to Japan in Oct 2015, how long before she can apply for the work and travel visa and come back to the UK? Would she have to reestablish residency in japan first?
Thanks thats great. Yes she will be under 30.Casa wrote: Yes as long as the gap in no longer than a few months. A short gap in the middle of the co-habitation period is allowed as long as you have documented evidence of the initial 6 months and proof of contact between you while she is arranging her Tier 5 visa.
I don't believe there is a specified time of residence before she can apply for the visa in Japan. Others may advise.
Will she be under the age of 30 when she applies? Here's a link to the application process and eligibility:
https://www.gov.uk/tier-5-youth-mobility/overview
The above is the UKBA Guidance.[b]Durable Partners[/b] wrote: The following conditions should normally be satisfied:
The parties have been living together in a relationship akin to marriage which
has subsisted for two years or more.
The parties intend to live together permanently.
The parties are not involved in a consanguineous relationship with one another (i.e. they are not blood relatives who would not be allowed to marry as this would constitute incest).
Any previous marriage (or similar relationship) by either party has
permanently broken down.
These conditions are similar to those which apply in respect of unmarried and same
-sex partners of people present and settled in the UK/being admitted on the same
occasion for settlement (paragraph 295A of the Immigration Rules).
The applicant must satisfy the caseworker that he is a durable partner
as a matter of fact
. In circumstances other than the above, the applicant is unlikely to be able to
satisfy us that he is a durable partner falling within Regulation 8(5).
However, each case must be considered on its merits, taking into account all the facts and
circumstances, as there may be cases where notwithstanding that one or more of
these points is not satisfied the caseworker is satisfied that the parties are in a
durable relationship
So i beg to differ with you, that the law or the regulation stipulate a 2 years cohabitation. It does not. If it did you can be rest assured that i would have been quiet and not banging on.[b] Case of Dauhoo[/b] wrote:21. Although Mr Subramanian did not raise the point, it is accepted by the Tribunal in reported decisions that despite the reference in UKBA European Casework Instructions to proof of a durable relationship requiring evidence that the relationship has lasted two years, the concept of a durable relationship is a term of EU law and as such it does not impose a fixed time period: see YB. Having said that, on the judge’s findings the relationship had only been shown to exist, if at all, very recently and on the appellant’s own evidence his partner was economically self sufficient. Mr Subramanian sensibly did not seek to argue that the appellant was entitled to succeed in showing that the relationship was durable if only a very recent relationship could be established. For the avoidance of doubt I would add that on the basis of the evidence before the FTT judge a durable relationship had not been established.
Thanks for all the helpAmber wrote:With such an early relationship I wouldn't base any application on it. The YMS or student extension seems most appropriate. A lot can change in a year so it suggestible to return nearer the expiry of the current leave for more succinct advice.