Unmarried Partner Visa or Fiance Visa, implications of each?

[andy slater]

Hi all,

I've been looking through this forum and following links the government websites for over an hour now. I understand a lot more but would like some clarification from you well informed people before I go dizzy from reading blocks of text from a computer screen.

I am a British citizen and have a South African partner. She initially came her on a 2 year permit and has had it extended for a further 5 through a work permit.

Our relationship is coming up to the 2 year mark and I'm just wondering what the difference is between and unmarried visa and Fiance Visa?

As I understand it an unmarried partner visa you must give evidence of co-habiting for 2 years and if you satisfy the criteria she would get a visa - probably for 2 years as we have not been together for 4 years.

What is the difference with a Fiance visa (I haven't popped the question just yet)? She would be classed as my dependant and we have 6 months to get married?

Sorry for all the questions but for someone not used to this it is a bit of a minefield.


Thanks

Andy

[Docterror]

You have the right picture about both the visas. The Fiance visa has to be applied from a Brish Diplomatic post abroad and once in the country, you should get married within 6 months. Sinec she is already here, she will have to apply for the CoA to do so, if it is in the plans.

The Unmarried Visa can be applied for in-country and so is the better option here.

[identiysupremacy]

Am I right in thinking that she will not be able to work with the Fiance visa, but have to wait till she gets married?

[Docterror]

Yes, one cannot work on the fiance visa.

[John]

Given she is already in the UK, a fiancee visa is not in play here.

The question to answer is this ... do the two of you want to get married, or not? If you do, then she should apply for a CoA, and after getting that the marriage can happen in the UK. If not, then a UPV should be applied for.

But you talk about a further 5 years on WP. How long ago did that 5 years start?

[andy slater]

Cheers for the advice people.

Could you clarify what a CoA is and how that works.

The situation is we've been together for coming up to 2 years, however can only prove living together for the past year (we've actually been living together for approx 18 months but have no documentation to prove this), ie combined bank account, tenancy agreements etc.

To be honest I'm not ready for marriage yet. She has had her 5 year work permit since January. She has moved jobs since as I got a job in the midlands which I couldn't turn down. She's not happy where she is now and it cost her £900 to transfer her permit (via a visa company) to her new employer.

I would like to help her situation and basically am wondering is there's anything I can do on the visa front or whether we'll have to wait a year to get a UPV?

Thanks

Andy

[Docterror]

CoA stands for 'Certificate of Approval' and is needed if you want to get hitched in the UK. Use the search facility of the board or the Home Office website to get further info.

Since you are averse to the idea of getting married, at this point your realistic options are to wait another year and gather proof of co-habitation until you have a total of 2 years and then apply for the UPV.