ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

Unmarried partner vs marriage visa, and giving notice

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2, Administrator

Locked
camdenUK
Newly Registered
Posts: 4
Joined: Thu May 12, 2022 3:25 pm
United Kingdom

Unmarried partner vs marriage visa, and giving notice

Post by camdenUK » Thu May 12, 2022 3:37 pm

Hello, I am a UK national and my partner is Indian, here on T4 student visa. We are planning to get married in July in the UK and have booked the registry office, but not yet given notice. We have lived together for >2 years in the UK and want to switch over to a family visa to start the ILR route. We have just seen that when we give notice, we may be asked to wait 70 days by HO which would push us past the date of our planned wedding. My question is whether we should submit for unmarried partner visa (super priority service) now, and give notice once we have that. Would this mean we would only need 28 days notice for the marriage? Or is it better to give notice now and hope that HO doesnt delay the notice period, and then get spousal visa after we are married? Both of us have plans to travel for work in the next few weeks which could also complicate if the HO ask us for interview or do a home visit. Thank you for your suggestions

User avatar
CR001
Moderator
Posts: 87408
Joined: Thu Mar 08, 2012 10:55 pm
Location: London
Mood:
South Africa

Re: Unmarried partner vs marriage visa, and giving notice

Post by CR001 » Thu May 12, 2022 3:45 pm

Having an unmarried partner visa does not mean UKVI will extend the 28 days to 70 days. They can do so in any event if they feel it is necessary.

Note also that the spouse visa and unmarried partner visa are the same thing, just with slightly different requirements and both are done using the same form.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

camdenUK
Newly Registered
Posts: 4
Joined: Thu May 12, 2022 3:25 pm
United Kingdom

Re: Unmarried partner vs marriage visa, and giving notice

Post by camdenUK » Thu May 12, 2022 4:36 pm

Thank you for the quick response! So it sounds like it is best to give notice now.

If we also apply for unmarried partner visa now (to start the clock ILR), will having given notice to marry affect the unmarried partner visa application? It could seem strange to apply for unmarried partner when you are about to get married? Thanks again

camdenUK
Newly Registered
Posts: 4
Joined: Thu May 12, 2022 3:25 pm
United Kingdom

Re: Unmarried partner vs marriage visa, and giving notice

Post by camdenUK » Thu May 12, 2022 4:42 pm

One more thought, I see in the Home Office guidance it says

"Where there are reasonable grounds to suspect a sham marriage and at least one of
the parties is not exempt from the scheme, the Home Office may decide to
investigate."

Would having an unmarried partner visa not provide more evidence that our relationship is genuine and therefore make it less likely that the HO decides to investigate?

camdenUK
Newly Registered
Posts: 4
Joined: Thu May 12, 2022 3:25 pm
United Kingdom

Re: Unmarried partner vs marriage visa, and giving notice

Post by camdenUK » Sun May 15, 2022 11:06 am

In Appendix FM - E-LTRP.1.12 it says: “The applicant’s partner cannot be the applicant’s fiancé(e) or proposed civil partner, unless the applicant was granted entry clearance as that person’s fiancé(e) or proposed civil partner.”

Does this mean that if we apply for unmarried partner visa, and then give notice to get married shortly after, we could get problems as we would have applied for unmarried partner visa when we had the intention to get married?

AmazonianX
Respected Guru
Posts: 7830
Joined: Tue Jun 11, 2019 2:09 pm
United Kingdom

Re: Unmarried partner vs marriage visa, and giving notice

Post by AmazonianX » Mon May 16, 2022 12:23 am

camdenUK wrote:
Sun May 15, 2022 11:06 am
In Appendix FM - E-LTRP.1.12 it says: “The applicant’s partner cannot be the applicant’s fiancé(e) or proposed civil partner, unless the applicant was granted entry clearance as that person’s fiancé(e) or proposed civil partner.”

Does this mean that if we apply for unmarried partner visa, and then give notice to get married shortly after, we could get problems as we would have applied for unmarried partner visa when we had the intention to get married?
That sounds correct.

Korekt
Senior Member
Posts: 694
Joined: Tue May 21, 2019 11:02 am
Mood:
Nigeria

Re: Unmarried partner vs marriage visa, and giving notice

Post by Korekt » Mon May 16, 2022 12:50 pm

camdenUK wrote:
Sun May 15, 2022 11:06 am
In Appendix FM - E-LTRP.1.12 it says: “The applicant’s partner cannot be the applicant’s fiancé(e) or proposed civil partner, unless the applicant was granted entry clearance as that person’s fiancé(e) or proposed civil partner.”

Does this mean that if we apply for unmarried partner visa, and then give notice to get married shortly after, we could get problems as we would have applied for unmarried partner visa when we had the intention to get married?
All that bit of the Rules is saying is that it should be the same 'partner' at extension stage as at clearance/initial visa stage.

It has nothing to do with the question you raised.
"Facts are sacred. Opinions are free."

Locked