Applying for common law, less then two years living together

[Spark]

Hi,

Is it at all possible to apply for common law status after less than two years of living together. My girlfriend and I have been together as a couple for over two years now, however we have only lived together on paper for around 18 months. She has a clean immigration record and has been in the UK for nearly 8 years and is on a student visa at the moment which expires in September 2010, however we would like to try to get our common law application in over the next few weeks if at all possible.

We have an apartment with both of our names on the joint tenancy agreement and the current contract on the apartment is also due to expire in September. Is this at all possible or would we need to wait until after August to apply and if so how long does an application sponsored by a UK citizen for a Japanese partner usually take roughly?

Thanks in advance,

Spark

[ElenaW]

Hi,

Is it at all possible to apply for common law status after less than two years of living together. My girlfriend and I have been together as a couple for over two years now, however we have only lived together on paper for around 18 months. She has a clean immigration record and has been in the UK for nearly 8 years and is on a student visa at the moment which expires in September 2010, however we would like to try to get our common law application in over the next few weeks if at all possible.

We have an apartment with both of our names on the joint tenancy agreement and the current contract on the apartment is also due to expire in September. Is this at all possible or would we need to wait until after August to apply and if so how long does an application sponsored by a UK citizen for a Japanese partner usually take roughly?

Thanks in advance,

Spark

I think you're talking about an unmarried partner visa. No I'm afraid you can't apply for that early. They are very strict on the two years cohabition proof.

She can switch from within the country which means that her being Japanese is irrelevant. They will proccess it within about 14 weeks if it's a postal application or one day if you use the premium service. Her status will be student while the app is processed.

[Wanderer]

The 24 months is set in stone I'm afraid. Two and maybe a week short with a sympathetic ECO on a friday evening after a night of hot sex with a pair of Swedish schoolgirl lesbians and you might be in luck.

Six months short no chance, suggest you wait.

You'll also need several documents in both or sinlge names, equal number each spread over the two years.

[Spark]

Thanks for the quick response, much appreciated.

I feared that would be the case. The problem is that we are looking at a temporary move to Canada this year on a one year visa and if we have to come back after the one year then we figured that it would be easier and safer to get the visa here before we left than make the arrangements over there later on, otherwise we wouldn't really be in a hurry over it.

We have copies of the tenancy agreement which is signed by both of us, council tax with both of our names listed on and utility bills etc which are either in her name or mine but are all for this address as from the date that we moved in (as she files everything anyway). We have never had a joint bank account or anything though as she is primarily funded by her parents in Tokyo at the moment.

We can easily put the move to Canada back by a couple of months though, that isn't really a big deal, I suppose my other question for you guys though would be if it usually acceptable to apply for a 2 year FLR and then leave the UK for 12 months afterwards?

[Wanderer]

I doubt u'd get away with year out of the UK...

[Spark]

Really? I know they usually question her when she comes back in after we have been on holidays etc but I didn't know how strict they were on things like that.

The only real reason why we would prefer to do it before leaving is because you obviously need proof of having somewhere to live etc.

[Wanderer]

Really? I know they usually question her when she comes back in after we have been on holidays etc but I didn't know how strict they were on things like that.

The only real reason why we would prefer to do it before leaving is because you obviously need proof of having somewhere to live etc.

Well i think the whole purpose of applying for a UK settlement visa means you must be seen to be settling here - not leaving for another country.

[ElenaW]

yeah when it comes to naturalizing, it'll be really hard especially with this new probationary citizenship stuff comin soon.

[Spark]

Really? I know they usually question her when she comes back in after we have been on holidays etc but I didn't know how strict they were on things like that.

The only real reason why we would prefer to do it before leaving is because you obviously need proof of having somewhere to live etc.

Well i think the whole purpose of applying for a UK settlement visa means you must be seen to be settling here - not leaving for another country.

I suppose so and I did wonder about that, I suppose we would probably need to apply from Canada then in that case.

I doubt that she would ever be naturalized even if we did stay in the UK indefinitely though as in her case it means renouncing her original citizenship and she never really wants to do that if it's avoidable. Let's just hope that the UK doesn't follow the US example in removing the ILR system as that could end up being really expensive.

[ElenaW]

Really? I know they usually question her when she comes back in after we have been on holidays etc but I didn't know how strict they were on things like that.

The only real reason why we would prefer to do it before leaving is because you obviously need proof of having somewhere to live etc.

Well i think the whole purpose of applying for a UK settlement visa means you must be seen to be settling here - not leaving for another country.

I suppose so and I did wonder about that, I suppose we would probably need to apply from Canada then in that case.

I doubt that she would ever be naturalized even if we did stay in the UK indefinitely though as in her case it means renouncing her original citizenship and she never really wants to do that if it's avoidable. Let's just hope that the UK doesn't follow the US example in removing the ILR system as that could end up being really expensive.

In the new system, people either have to naturalize or prove that naturalizing would be problematic (ie having to renounce their country's citizenship). She can still be a permanent resident technically.

[Spark]

Really? I know they usually question her when she comes back in after we have been on holidays etc but I didn't know how strict they were on things like that.

The only real reason why we would prefer to do it before leaving is because you obviously need proof of having somewhere to live etc.

Well i think the whole purpose of applying for a UK settlement visa means you must be seen to be settling here - not leaving for another country.

I suppose so and I did wonder about that, I suppose we would probably need to apply from Canada then in that case.

I doubt that she would ever be naturalized even if we did stay in the UK indefinitely though as in her case it means renouncing her original citizenship and she never really wants to do that if it's avoidable. Let's just hope that the UK doesn't follow the US example in removing the ILR system as that could end up being really expensive.

In the new system, people either have to naturalize or prove that naturalizing would be problematic (ie having to renounce their country's citizenship). She can still be a permanent resident technically.

Well I think that's all she would adopt wherever we moved to really, even though she never intends on living in Japan again long term, to give up one's nationality is a big thing for anybody to go through I think.

Ideally we would like to live in Canada or the US anyway if we can do but we're just seeing what happens on that front at the moment. Thanks for all of your help guys, much appreciated.