unmarried partner visa-does tourist time count?

[kirantara]

Hello all,

My partner was refused an unmarried partner visa (he's from outside the EU) in December on the grounds we'd not been living together for 2 years-we have lived together for one and a half. He is now with me on a 6 month tourist visa-not working-so we can make up that time. Will this time count? As I say, we are living together but he is not working.

Any advice will be appreciated.

[Wanderer]

Hello all,

My partner was refused an unmarried partner visa (he's from outside the EU) in December on the grounds we'd not been living together for 2 years-we have lived together for one and a half. He is now with me on a 6 month tourist visa-not working-so we can make up that time. Will this time count? As I say, we are living together but he is not working.

Any advice will be appreciated.
:D

Yes, so long as the gap is not significant. He will have to return home tho at the end of the current visa and apply from there.

As a matter of interest, on what visa was he on before?

[kirantara]

Hi Wanderer,

The time he was away between applying, being refused and returning to the UK was two months. Looking at it, when he goes to apply again, we'll have lived together 21months, all in all. Last time however, they only seemed concerned with the date he moved in and the date it was that day. By July, it will be 2 years.

He was on a working holiday visa, which you may know is only 2 years. Too bad we didn't meet the day he arrived in the country!

Thanks for the input!

[Nowty]

Time apart for good reasons up to 6 months is allowed but you need to provide evidence of how you kept in contact with each other to show your relationship still existed during that time. So the time apart still counts towards the 24 months. As the previous person pointed out he will have to return to his home coutry to re-apply.

I am in a similar situation were my girlfriend was first on a vistors visa and had to return to her home country to apply for a student visa so we ended up apart for 3 months. Because she now has a student visa she can apply in the UK for the unmarried partner visa. Her 24 month period completes in July too so good luck to both of us.

[Wanderer]

What about a couple who lived together 18 months in UK, then a year apart (in Gemrany- unaviodable - part of uni degree) with very frequent long visits both ways, then another 12 months together in UK, would that be get-away-with-able?

Yes, it's us!

[VictoriaS]

Do you have evidence of living together during the long visits? how long were they?

Victoria

[Wanderer]

Do you have evidence of living together during the long visits? how long were they?

Victoria

Well longish! Two weeks at Xmas in Vienna, she came home for a fortnight during summer hols, week at Easter, plus numerous long weekends every six-eight weeks or so, I have kept all flight stubs and hotel bookings/bills.

Her post came to our joint address as normal during this time - nothing directed abroad.

I think we're gonna try for the post study visa but it would be nice to have the UPV as backup. Or get married, but we don't want that yet.

[VictoriaS]

Maybe, but I'd have to see the docs.


Victoria

[Nowty]

Sounds a bit weak to me, your situation sounds more like visiting each other as often as possible. I visited my girlfriend every 3 months for 2 years before we started living together in one place but I would not risk an application on that basis. In July 2008 we will have 24 months together apart from one 3 month break for a good reason. I am much more confident of an application on this basis.

The info below is copied straight from Annex Z - BIA HO Doc Unmarried Partners

"In order to assess whether a couple is in a genuine long-term relationship we would
expect to see evidence of cohabitation for the preceding 2 year period. Short breaks
apart of up to 6 months would be acceptable for good reasons, such as work
commitments, or caring for a dependent relative. Evidence must be provided which
shows that the relationship continued throughout that period by visits, letters etc.

Where a couple claim that they have maintained their relationship during the 2 year
period by merely visiting each other as often as they can, this will not be sufficient to
satisfy these provision of the Rules. However where a couple have been living together
in a committed relationship for the preceding 2 year period, barring short breaks, but
have been dividing their time between countries (for example, by using the "visitor"
category), this will be sufficient to meet the requirement."

[Wanderer]

Sounds a bit weak to me, your situation sounds more like visiting each other as often as possible. I visited my girlfriend every 3 months for 2 years before we started living together in one place but I would not risk an application on that basis. In July 2008 we will have 24 months together apart from one 3 month break for a good reason. I am much more confident of an application on this basis.

The info below is copied straight from Annex Z - BIA HO Doc Unmarried Partners

"In order to assess whether a couple is in a genuine long-term relationship we would
expect to see evidence of cohabitation for the preceding 2 year period. Short breaks
apart of up to 6 months would be acceptable for good reasons, such as work
commitments, or caring for a dependent relative. Evidence must be provided which
shows that the relationship continued throughout that period by visits, letters etc.

Where a couple claim that they have maintained their relationship during the 2 year
period by merely visiting each other as often as they can, this will not be sufficient to
satisfy these provision of the Rules. However where a couple have been living together
in a committed relationship for the preceding 2 year period, barring short breaks, but
have been dividing their time between countries (for example, by using the "visitor"
category), this will be sufficient to meet the requirement."

Yeah, I know, I might try a application with loads of evidence but i dunno if this would be detrimental in the long term if refused - we have an 100% success rate visa-wise so far.

Otherwise it's IGS/PSW whatever it will be called when her visa expires in Sept this year. Other option is a job offer she has in Germany or just get married or just bugger off to Europe on EEA FP.

Actually thinking about she was only away 10 months, due to delay in getting her German Work Permit, and off the top of my head, I think we spent two months aggregated time visiting each other over that period, dunno if that helps...

I should add she's Russian, and the uni placement was in Germany, an essential part of her German interpreting and translation degree, and we have a letter from uni saying she's no option if she wants the degree....