FLR(M) unmarried partner visa or ILR?

[sawonz]

Hi everyone,

I am in a bit of a complex situation. I am eligible for ILR (over 5 years Tier 2 continuous) and having my contract extended for another year from when my current contract ends (Jan 17 2019) which will bring me up to the maximum 6 years of Tier 2. However, my partner (British citizen) are planning to return to our home country after another year or so, so we don't really need the ILR. So I am thinking of applying for FLR(M) as an unmarried partner instead.

Can I apply for this visa type? If so, would this be seen as odd given that I am eligible for ILR (and this is what everyone is trying to get to), and be evidence against us showing we are "planning to reside permanently in the UK" as stated in the FLR guidance. Is reason of wanting a cheaper option, a quicker decision, and not having time to study and sit the Life in the UK test, enough for applying for FLR instead of ILR?

I'm trying to decide if this would be too risky or whether I should really apply for ILR.

Any advice is greatly greatly appreciated!

[CR001]

How long have you lived with your partner in a relationship akin to marriage with documentary evidence to prove it??

[vinny]

In case you want to come back to the UK, then why don’t you apply for ILR under Tier 2 (General), marry and naturalise?

[sawonz]

Thanks for a quick response.

We have lived together since Dec 2014 and in our own house since Oct 2015 and have evidence to prove we have lived together for 2 years with council tax bills, joint account statements etc.

We are VERY unlikely to return to the UK as we would like to settle back home in the next couple of years so there is no necessity for getting the ILR (and it's much more money to spend on something we don't need).

[sawonz]

Hi again,
Just for clarity, I would like to know if I can switch to FLR(M) from my Tier 2 even if I am eligible for ILR, and if there is any reason my application would be refused due to this? I meet all of the other requirements and can provide evidence of living with my partner for the last 2 years.
Thanks again for any advice.

[vinny]

If eligible for FLR(M), then you should be okay. Being eligible for ILR under Tier 2 is not a ground for refusing FLR(M). However, after they grant FLR(M), then you become ineligible for ILR under Tier 2.

You have more flexibility, if you get ILR under Tier 2.