Unmarried partners visa

[Tonio]

Hi all,

I am EU National (Spanish) and have lived and work in the UK for more than 8 years. My girfriend is Mexican and she is now living with me in the UK with a tourist visa. We would like to apply in June for an Unmarried partner visa as we will have lived together for 2 years by that time.

I currently have a few questions regarding my girlfriend visa application:

- Does my girfriend need to go back to Mexico to apply for Unmarried partner Visa. If so, do I need to travel with her? Will I have to be present in the interview for the Visa application?

- We have a couple of joint bank accounts and some individual correspondence with the same address, as well as some photos taken in the last couple of years. We live in a rented flat and I do not have a current contract as we have been extending the original made 8 years ago under my name. Will it be sufficient to prove that we have been living together for these 2 years. (The bills are in my name only but we can add my girfriend's name if necessary) Will the photos help to prove that we have been living together. What else can I provide as evidence?

I have heard that I need to apply for a permanent resident to be able to prove the Inmmigration Office that I have the intention of staying in the UK permanently and make the things easier for my girfriend when applying for Unmarried partner visa. As EU National I don't see the point as I have the right to stay and work any lengh of time in the UK. Is this correct? Will the permanent residence help to get my girfriend visa?

Many thanks in advance
Tonio

[olisun]

she is now living with me in the UK with a tourist visa. We would like to apply in June for an Unmarried partner visa as we will have lived together for 2 years by that time. <== isn't the max time allowed to stay in the UK at a single stretch on a tourist visa, 6 months?

how did you GF stay in the UK for 2 yrs "on a tourist" visa ?

[Tonio]

Every time the expire date was approaching (6 months) we were going abroad on holidays. In the way back she was getting a new stamp for another 6 months and so on , until now.

Regards
T

[John]

Tonio, as she has only a visitor's visa currently she will need to go back to Mexico to make the application for her unmarried partner's visa. Have you got a UK Residence Permit in your Spanish passport?

The evidence you list might well be OK to prove that the two of you have lived together for at least two years. But don't forget there are financial and accommodation tests that also have to be met.

Is marriage out of the question? If you two of you get married, for example in Mexico, your wife (as she would be) would be entitled to apply for an EEA Family Permit ... issued for free and much easier to get than an unmarried partner's visa.

[Tonio]

John, thanks for the reply.

I don't have any UK Residence permit as I don't actually need it to stay and work in UK. I have the application EEC2 form for Indefinite Leave to Remain for EEA Nationals but I am not sure if this will help to my girlfriend to get the Unmarried partners visa. If it does help then I will submit it. I have also review my girlfriend applications and I don't have to provide my passport. How will the Immigration Office in Mexico know if I have the status of Permanent Residence or not?

What sort of financial and accommodation tests did you referred? Could you give me more ideas or examples of evidence?

With regards to marriage I feel that this is something that should flow naturally and I don't really want to force any situation like that to get the visa. If there an opportunity for unmarried partners then that is the one we want to pursue.

Your thoughts and opinions will be greatly appreciated.

T.

[John]

Tonio, the requirements for Unmarried Partner's Visas are covered by paragraph 295A of the Immigration Rules. If you click here and then scroll down to paragraph 295A you will see that list of requirements.

Accommodation and financial matters are covered in (v) and (vi) of that paragraph.

Also, have a good read of Guidance - Husbands, wives and partners (INF 4).

Now I have a question .... others to comment please. It seems that Tonio needs to be "present and settled" in the UK. As he says he does not need ILR in his passport to work here, because of EU/EEA regulations, but does he need ILR in his passport in order that his partner might apply for an Unmarried Partner's visa? Comments welcomed.

[SunBlue]

John,
he needs Indefinite Leave to Remain for sure!!

I went to the British Consulate in Germany to apply for an Unmarried Partner visa of a german citizen. And the officer wrote in the back of my application clearly: "German partner needs to have ILR"

The thing is: under EEA regulations, an Unmarried Partner is not considered a member of the family, so one cannot apply for Unmarried Partner visa of a EEA citizen.
If he has an ILR then the application will be seem as a partner of a person "present and settled" in the UK. The definition of present and settled is that the person has no time limit, and for EEA citizens, even they can live forever here without any visa, to be considered present and settled they must have ILR.

When he gets ILR then they can choose 2 routes:
- apply under british rules. Then his girlfriend has 2 pay the fee and gets a permit valid for 2 years, then after this she can get ILR
- apply under EEA law. It will be for free, but she will only get ILR after 4 years

Tonio: your girlfriend doesn´t need to go back to Mexico to apply for Unmarried Partner of a EEA citizen. This is really a grey area in the law. There she couldn´t get the visa cause as I told she is not considered a member of the family.
But if you apply under EEC2 form for you, and can see in the bottom that unmarried partners qualify!!!
You can just apply, even with her having a tourist visa, cause the application will be seem under EU laws, and it´s for sure more flexibe!!!!

Just do a test: call the Home Office and says: "my girlfriend has only a tourist visa, can I apply for a residence permit for us both? Can she apply having a tourist visa only?"
And they will say YES!!!!! Do this test. You can save a trip to Mexico now!

Glauco

[Tonio]

Glauco, thanks for your input.

It is still unclear to me whether or not my girlfriend can apply under EU law. As you were saying, a girlfriend is not considered as a member of a family in EU law therefore I think she cannot apply under EU law, ie, with EEC2 form.
What difference does it make if I get ILR. I don't see the relation between my possible ILR and the unmarried partner's visa. I have reviewed the details regarding EEC2 form and I could not find anything that states clearly that my girlfriend could apply under EU law (EEC2).

Could Glauco or someone else help?
Thanks
T

[SunBlue]

Hi Tonio,

have a look at EEC1 form. It´s telling clearly about "partners" too. In the last page it´s telling that you have to submit documents showing the cohabitation period for 2 years.
OK, but now you are thinking that EEC1 may be wrong form, right?

The thing is: YOU qualify for the EEC2 application. Your girlfriend qualify now only for EEC1 application, cause she hasn´t lived 4 years as your DEPENDENT in the UK yet.
So I would advise you to call the Home Office to ask how you can apply. I guess you could fill the form EEC2 for you, and ask to get a Limited Leave to Remain to your girlfriend, writing a letter together with your application, and sending all documents regardind to her application too, ok?

See ya,

Glauco

[Kayalami]

Tonio,

1. How has your girlfriend maintained and accomodated herself for 2 years?

2. On what basis is her entry into the UK as a visitor bonafide given that she appears to have no compelling ties to another country?

EU application

Your g/f is not eligible for any benefits or an application under EU law as she is not defined as a family member under EU law - once she is your spouse then this changes.

UK law

1. Your g/f may apply to remain in the UK under the immigration rules as your unamrried partner but only if you have ILR = settled and present in the UK.

2. Even if you get ILR the application will be on a discretionary basis since she is in the UK on a visitor's visa. An amendment to the rules means such discretionary approvals could lead to ILR only after about 6 years i.e. 2 grants of further leave each of 3 years. I anticipate a trip to Mexico for her if she wants a 2 yr probation visa after which she can apply for ILR.

3. The presence of a joint bank account is only one factor to be considered - what is the nature of the other correspondence you mention?

I trust that helps.

[SunBlue]

Tonio,
I think you can apply under EEA law, if you prove that you have lived with her for 2 years.
The best thing you do is to call the Home Office. It´s better to confirm it with them, ok?
Talk to them before taking any decision. Get the official information!!
All the best,

Glauco

[Tonio]

Kayalami,

Thanks for your comments. I have to say that I am bit confused with different opinions here in this forum.
To answer your questions, I cover all her expenses and also she has some savings + help from her parents. MY girlfriend has been entering in the UK every six months as a tourist (I have been travelling with her when she was away from the UK).

The evidence I currently have is :
From her: letter from college when se enrolled in an English course, a store card correspondence, basically to prove the address and that she was in the country when she received them, plus join utility bills and bank accounts.
-Based on this, do you think I am missing any vital prove or evidence to get the visa accepted?

- Her Visa will expire around midle of July is there any problem if she leaves the country one month later? Will it be considered as overstay?

**
Glauco, with regards to your comments, I will enquiry with the HO if I can apply under EU law but that means that my girlfriend will be considered as my dependent.

[Tonio]

Kayalami,

You asked me a couple of questions in a previous message and I replied them. Would you like to add further comments.

Thanks
Tonio

[Kayalami]

The confusion from the forum is due to responses being based on a combination of heresay, assumption, personal experience, knowledge and/or practice of immigration law either individually or collectively. For a definitive answer to your particular circumstances you can seek advise from a legal practioner in the immigration field...accreditation by a legal body e.g. the law society or OISC qualifies a minimum standard...it is not an absolute recommendation directly or implied.

Your list of joint documentation will support the unmarried partners visa application. However I note that uility bills in joint names have a rather short history...this will be an issue and so will be the lack of a joint tenancy agreement. The visa officer will need definitive proof of funding both for the last 2 years and going forward. The joint bank accounts are useful...when did such commence? IMHO the application is borderline.

Remaining in any country beyond the period of given permission is a very bad idea.