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Question: will my time on Tier 1 before the partner status count towards 60 months? (e.g. 2 years as a partner and prev 3 years as Tier1E)?Section E-ILRP: Eligibility for indefinite leave to remain as a partner
E-ILRP.1.3. (1) Subject to sub-paragraph (2), the applicant must, at the date of application, have completed a continuous period of either:
(a) at least 60 months in the UK with:
(i) leave to enter granted on the basis of entry clearance as a partner granted under paragraph D-ECP.1.1.; or
(ii) limited leave to remain as a partner granted under paragraph D-LTRP.1.1.; or
(iii) a combination of (i) and (ii);
No it will not. You need 60 months as partner visa to qualify for ILR based on 5 years residence, You cannot combine PBS route with family route visa to make up 5 years.ekbe01 wrote: ↑Fri Nov 16, 2018 8:43 amHello,Question: will my time on Tier 1 before the partner status count towards 60 months? (e.g. 2 years as a partner and prev 3 years as Tier1E)?Section E-ILRP: Eligibility for indefinite leave to remain as a partner
E-ILRP.1.3. (1) Subject to sub-paragraph (2), the applicant must, at the date of application, have completed a continuous period of either:
(a) at least 60 months in the UK with:
(i) leave to enter granted on the basis of entry clearance as a partner granted under paragraph D-ECP.1.1.; or
(ii) limited leave to remain as a partner granted under paragraph D-LTRP.1.1.; or
(iii) a combination of (i) and (ii);
Thank you!
You also have to satisfy the other requirements.
I will satisfy them, thank you.
You may have to go the FLR (FP) route eventually. Have you had a look at that?ekbe01 wrote: ↑Fri Nov 16, 2018 11:49 amI will satisfy them, thank you.
The question now is whether I can apply at all as a partner in a situation when we live together for less than 2 years, not married/engaged, have a child and clearly intend to continue living together.
It's clear that I can not apply as a parent of a UK child.
And whether it worth it at all or better stay on Tier1E (with all its hassle) and not to lose years already spent in the country counted towards ILR )
Thank you!
The HO is not run by human beings - it is run by tick boxes. Tick the box, get the visa. Over the years, I have seen unmarried partner visas (which in effect is what you are after) denied for being just a few days short of two years of provable cohabitation in a relationship akin to marriage.Kwipeh wrote: ↑Sun Nov 18, 2018 10:41 amOops. Looks like you ARE speaking of FLR (FP). It figures.
I'd say apply as a partner and in a cover letter explain why you do not meet the requirements of having lived together for two years. The HO is run by human beings. If your case has strong merits, I don't think it will be chucked into the bin without proper consideration. Partner route is your best bet, to be honest.
Well )) There are formal requirements, and Home Office is a yes or no machine, I'm afraid... I was rather looking for a gap in the requirements OR other ways that will be accepted by HO to prove that the relationship is genuine.
Thanks, that's pretty much the result of my research as well. Grr
Thing is, I didn't 'tick all the boxes' - I didn't qualify for a partner visa, or a parent visa. Even though we'd been together for years, I had never lived with my partner beyond a few months at a time, I had only a few items of correspondence for myself and my daughter. I came in on a visitor's visa and had only been here a few months before putting in an FLR FP application. I wrote a cover letter and provided loads of evidence to support all my explanations. Whatever I did not have evidence for, I explained in writing and hoped against hope that good sense would prevail.physicskate wrote: ↑Sun Nov 18, 2018 11:04 amThe HO is not run by human beings - it is run by tick boxes. Tick the box, get the visa. Over the years, I have seen unmarried partner visas (which in effect is what you are after) denied for being just a few days short of two years of provable cohabitation in a relationship akin to marriage.Kwipeh wrote: ↑Sun Nov 18, 2018 10:41 amOops. Looks like you ARE speaking of FLR (FP). It figures.
I'd say apply as a partner and in a cover letter explain why you do not meet the requirements of having lived together for two years. The HO is run by human beings. If your case has strong merits, I don't think it will be chucked into the bin without proper consideration. Partner route is your best bet, to be honest.
If you don't meet the requirements and apply for the visa anyway, you are at risk of being accused of submitting frivolous applications. Even if the application is simply rejected, you will be unlikely to win an appeal (which would probably be an out of country appeal anyway).
Either continue with your T1E or get married.
physicskate wrote: ↑Mon Nov 19, 2018 10:24 amThat's great for you - but your case sounds VERY different to the OP. It might be that you 'slipped through' and your insurmountable obstacles proved enough. The OP 'doesn't want to carry on with their current visa' - these are NOT insurmountable obstacles as far as we know.
And in my humble opinion 'not wanting to get married' is not a good enough excuse. I've seen many many many people who were in genuine relationships but who maybe got married sooner than they would have liked because of immigration. They are already here legally and on a visa that allows settlement (provided the conditions are met) - already a VERY different situation to you!!!
I would have said you had about a 5-10% chance of getting the visa. Just because you were successful does NOT mean that everyone in your circumstances would have been!!! So it is incorrect to advise people to go the same route as you were granted leave outside the rules, because the rules are not often broken.
You can take it as glass half full or glass half empty. Neither is right or wrong - just an individual's approach.physicskate wrote: ↑Tue Nov 20, 2018 10:06 amCongrats! Again - very different situation to the OP.
My opinion is no more valid that kwipeh's (obviously). I only base mine in being on this board for over 6 years, reading and generally quoting the actual immigration rules and highlighting these rules and customs to hundreds of people over the years (which does bring a certain amount of experience). Obviously, this is a different experience to kwipeh and every other poster. I encourage people to abide by the immigration rules. But there will always be the odd person who is granted leave OUTSIDE the rules. I am not basing what I say on my own personal visa experience (and the other posters appear to be basing their advise on their own single individual circumstances without referring to the differences with he OPs situation).
If the forum is peppered with only positive outcomes of these actually quite unusual cases, it gives false hope to many and encourages people to apply for visas for which they have no real chance of success. I would always only advise people to apply for routes within the immigration rules as we are able to more accurately predict the outcome. The op has already stated they are not willing to take any risks of rejection and do not want the inherent risks of applying outside the rules.