Unmarried Partners - Ended Relationship and Reconnected

[kojak488]

Hey all,

My partner is a British citizen living in London. I'm an American citizen now living in America. We originally met in London and began cohabitation akin to husband and wife on October 10, 2007. We lived together in London and could quite easily provide proof of such from October 10, 2007 until mid-November 2009.

In mid-November 2009 we ended our relationship. Frankly we were just too immature with too many life lessons to learn at the time. At the end of June 2016 we reconnected. I took a trip to see her in London on August 17th, 2016 through August 28th, 2016. On August 27th, 2016 we got engaged! The following day I returned back to America.

So of course I could apply for the fiance visa and get it without any issues. However, I couldn't work while on that visa. She makes enough to satisfy the income requirement (over 26,000GBP), but I have obligations back in America and can't afford to go too long without working. And I wouldn't dare rush the wedding. So I'm looking into this as an alternate route until we're married (likely in late-2017).

Basically my question boils down to whether or not there's a reasonable chance at getting the unmarried partner visa when the two years we lived together as a married couple was actually a number of years ago. Any thoughts? Thanks a lot!

[CR001]

Not likely. It has to be the most recent 2 years, not a period 6 years ago and no relationship maintained in between.

[Casa]

Only a period of up to 6 months apart is allowed when qualifying for the 2 year co-habitation rule.

[dany610]

It seems there are differing opinions on how long you can be apart?

My situation is that I was cohabiting with my partner for over 2 years abroad. For family reasons I had to come back to the UK. I returned in mid May this year and am due to start employment in mid September (4 months since returning). I need to wait 6 months before I can apply for the visa using employment income plus savings so that will be about 10 months of being apart. I am still in regular contact with my partner and have evidence that we are still sustaining the relationship.

Would I run into problems with the visa specifically for how long we have been apart?

[Casa]

Where are the differing opinions? The Immigration Rules in SET05 are clear, see Section 12 in this link:
https://www.gov.uk/government/publicati ... ners-set05

SET5.12 Assessing whether the relationship has subsisted for two years
‘Living together’, should be applied fairly tightly, with a couple providing evidence that they have been living together in a relationship akin to marriage or civil partnership which has subsisted for two years or more.

Periods apart for up to six months would be acceptable for good reasons, such as work commitments, or looking after a relative as long as:

it was not possible for the other partner to accompany; and
the applicant can show evidence that the relationship continued throughout that period, for example, by visits, letters, logged phone calls.

Edit: I've just realised that this thread has been been high jacked, causing confusion! This reply then, is for the OP kojak488 to whom this thread belongs.

@dany610 Please post your questions in your own thread

[Wanderer]

It seems there are differing opinions on how long you can be apart?

My situation is that I was cohabiting with my partner for over 2 years abroad. For family reasons I had to come back to the UK. I returned in mid May this year and am due to start employment in mid September (4 months since returning). I need to wait 6 months before I can apply for the visa using employment income plus savings so that will be about 10 months of being apart. I am still in regular contact with my partner and have evidence that we are still sustaining the relationship.

Would I run into problems with the visa specifically for how long we have been apart?

There aren't. UPV is one of the tough ones, has to be the last two years cohab, set in stone.