Partner applying for unmarried partner visa on HSMP - Help!

leondj · Post by **leondj** » Wed Jan 09, 2008 2:08 pm

Hello All,

I am currently on an HSMP visa and am looking to apply for ILR around 11/04/08 based on a combination of Work permit and HSMP stay of 4 years and 11 months. My work permit was approved on 24/03/03 and as it was an in country application it stated I was allowed to work from then. The visa was only stamped on the 11/04/03 though. So when can I apply for ILR at the earliest?

My girlfriend is on a working holiday visa which expires in 10/02/08. She is looking to apply as my dependant since we have been living together for 2 years and have all the proof of this. My questions are:

1. Can she apply in country to be a dependant of me based on my HSMP visa and then I can include her on my application for ILR after that?

2. If not, does she need to go back to South Africa to apply as a dependant of me (HSMP). Do I need to be there or how does that work?

3. Can she apply for 6 months extention to her working holiday visa and then when I apply for ILR I include her on my application keeping in mind she will not work in this period? Or Do I need to apply for ILR and then she has to apply seperately for a depenant on a person with ILR?

Any help on this would be much appreciated.

Siggi · Post by **Siggi** » Wed Jan 09, 2008 2:57 pm

Leondj,

1)The clock would have start ticking from the day you entered the UK ie the date stamped in your passport

2)So if you arrived on the 11/4/03 you can apply for ILR 20 days before the 11/4/08

3) Dont forget you need your Englishness test results.

4) As for your girl friend, she will need to return to SA on or before the expirey date of her WHV, to apply for a dependant's visa.

5)As far as I know she can not apply for a extention to a WHV.

6)Finally she will can not be included as dependant on your ILR application, but can apply to be a dependant partner of you from SA.

leondj · Post by **leondj** » Wed Jan 09, 2008 3:30 pm

Thanks for the reply.

I did a "in country" application for my work permit at the time which is not possible anymore now, but that means since I was already in the country I did not get a stamp in my passport. But basically I received the approval letter for the work permit stating that I could start work, and I started working the next day (25/03/03) even though the work permit document only came through on the 11/04/03). Also I understand that you can apply 28 days before 5 years and not 20? Sorry to be picky about this but I need to do it ASAP as I need to travel to South Africa on the 14th of March for a wedding.

With regards to my girlfiiend. Can she not apply on form FLR(M) on the basis of a unmarried partner to a person with HSMP in the UK? Sure?

Thanks,

Leon

Siggi · Post by **Siggi** » Wed Jan 09, 2008 3:44 pm

Leon,

Ok so call me a lairer for 5 days!

So if you where in the country on the 25/3/03 and the letter is dated 25/3/03 that is date the clock started. Therefore apply 28 day before that the 25/3/08

Re: your GF, she is on a WHV so she has to leave the UK on or before the expirey date and can not apply for any other type of visa from within the UK. Thats for sure.

leondj · Post by **leondj** » Wed Jan 09, 2008 4:16 pm

Thanks Siggi,

Probably not the answer I was hoping for for my gf. but probably a correct one none the less.

.

leondj · Post by **leondj** » Wed Jan 09, 2008 4:32 pm

Does anyone know which form needs to be completed by my gf for a unmarried partner of an HSMP holder?

It seems all the forms in South Africa has changed and are now VAF1-VAF8 but none of these seems to me like the right one.

VictoriaS · Post by **VictoriaS** » Thu Jan 10, 2008 8:38 pm

HSMP holders can get ILR for their partners regardless of the amount of time the partner has been here.

I would therefore suggest that, as soon as she likes, she goes back to SA and applies to enter as your spouse. Then you include her on your ILR application.

Victoria

leondj · Post by **leondj** » Thu Jan 10, 2008 9:59 pm

Thanks Victoria. That sounds like the best plan.

Do you know what form needs to be completed for this. The new forms are:

Application form VAF1 - Visitor (PDF, 225K)

Application form VAF2 - Employment (PDF, 152K)

Application form VAF3 - Student (PDF, 164K)

Application form VAF4 - Settlement (PDF, 198K)

Application form VAF5 - EEA Family Permit (PDF, 206K)

Application form VAF6 - Direct Airside Transit (PDF, 162K)

Application form VAF7 - Right of Abode (PDF, 131K)

Application form VAF8 - Overseas Territories (PDF, 163K)

Regards,

Leon

VictoriaS · Post by **VictoriaS** » Thu Jan 10, 2008 10:16 pm

I think 4 is for employment categories and their dependents.

Victoria

leondj · Post by **leondj** » Fri Jan 11, 2008 9:30 am

Thanks Victoria,

Just to confirm your last post. Are you saying if my gf applies to be a dependant on me with a HSMP we do not need to prove that we have been living together for 2 years?

Regards,

Leon

VictoriaS · Post by **VictoriaS** » Fri Jan 11, 2008 2:08 pm

You won't need to prove this if you are married, but if you don't get married then you will need to prove two years cohabitation.

Victoria

leondj · Post by **leondj** » Fri Jan 11, 2008 10:11 pm

An update:

My gf is going to apply for a six month extention to her whv. I have a friend who also did this a few month back. It is actually a 6 month visitor visa which means that she cannot and will not work in this period. If I then get IRL in a months time then she can apply for depensancy (unmarried partner) of me after that? Righ? Does this dependency application need to take place in South Africa or can we also apply in the UK with FLR(M)?

Again many thanks for your help so far. It is much appreciated!

sakura · Post by **sakura** » Sat Jan 12, 2008 11:59 am

leondj wrote:An update:

My gf is going to apply for a six month extention to her whv. I have a friend who also did this a few month back. It is actually a 6 month visitor visa which means that she cannot and will not work in this period. If I then get IRL in a months time then she can apply for depensancy (unmarried partner) of me after that? Righ? Does this dependency application need to take place in South Africa or can we also apply in the UK with FLR(M)?

Again many thanks for your help so far. It is much appreciated!

She would still need to go to SA for entre clearance as your dependent. She cannot switch from the WHM or a visitor's visa into a dependent's visa whilst in the country. So you're in the same situation even if she gets a visitor's visa.

Why doesn't she just go back to SA now, apply for a dependent's visa and then you can include her in your ILR application? If you don't do this, then she will have to go on a two-year unmarried partner's visa and wait two more years before applying for ILR, instead of getting ILR with you.

As a sidenote, don't call it an 'extension', because you cannot extend WHMs, it is simply moving from one visa category to another.

VictoriaS · Post by **VictoriaS** » Mon Jan 14, 2008 11:44 pm

Not quite right. You can still switch from visit to UP in country.

Victoria

sakura · Post by **sakura** » Tue Jan 15, 2008 11:19 am

VictoriaS wrote:Not quite right. You can still switch from visit to UP in country.

Victoria

My bad...I thought there was a need to return somewhere there.

leondj · Post by **leondj** » Tue Jan 15, 2008 8:59 pm

Hello Victoria.

That is the answer I was looking for! I have been receiving very conflicting advice on this issue. 2 different people on the homeoffice help line told me 2 different versions. One said you can switch in country and the other not. Are you sure you can switch in country?

Just to clarify is that UP on HSMP or ILTR or both?

VictoriaS · Post by **VictoriaS** » Wed Jan 16, 2008 7:12 pm

You can switch in country to UP of someone with ILR, but not to UP of HSMP holder.

Victoria

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Partner applying for unmarried partner visa on HSMP - Help!

Partner applying for unmarried partner visa on HSMP - Help!