Unmarried partner visa - both leaving country before ILR

[Dan_groom]

Hello all,

Wondering if someone can help with this question.

My girlfriend is on an unmarried partner visa. Before that she was on a workpermit for 3 years. (no gaps inbetween these)

Her unmarried partner visa was issued in August 2004. Thus will she qualify for her ILR in August 2006.

However : we are both leaving the country and emigrating to Australia in September this year.

What will happen if we were to come back? Can our time together over there count for anything or will we need to lodge a new application from scratch when we come back?

I'm british citizen by birth. Not planning on coming back from Aus - just planning ahead as contingency.

Many thanks !!!

Dan

[John]

What will happen if we were to come back?

So when would you be planning to come back? After how many months? After how many years?

Of course if you do stay in Australia permanently and your partner ends up as an Australian citizen then that might make it easier to enter the UK as a visitor.

Which country is she currently a citizen of?

[Dan_groom]

Sorry if I wasn't clear - She's a citizen of South Africa.

She's been living in the UK for just over 4 years. switched to unmarried partner visa in August last year (from WP) after she was keen to leave her last employer.

We're planning on staying in Australia for a few years.

Lets say she we come back after having lived together for 3 years in aus - will she have to apply for an unamarried partner / spousal visa again? or will the collective time spent living together in the UK since the unmarried partner visa was granted and the time spent living together abroad count towards ILR?

I'm pretty sure based on our relationship she'll be able to get a UK visa again should she lose her current status. My question is focussed towards clocking up time for ILR. She's keen to study and having ILR will obviously make a big difference in terms of qualifying for grants.

[John]

Based upon what you say, the current visa will clearly expire and as she will not be in the UK it will be impossible to apply for ILR.

However, all is not lost. Let's assume, for example, the two of you decide to return to the UK in say five years time. Clearly at that time the two of you will have been living together outside the UK for at least four years. Accordingly when applying for her Unmarried Partner's visa it should be the case that ILR, or rather ILE ... Indefinite Leave to Enter .... will be granted in Australia when that application is made. The same would apply if the two of you have married and a spouse visa is being applied for.

In short, live together outside the UK for at least four years and instead of a two-year visa being granted the applicant should get ILE.

Just one final point .... build up a record of the two of you living together. In other words ensure that the two of you have indeed lived together in say Australia for at least four years.

[Dan_groom]

Many thanks John. This answers my question in full.